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West Dunbartonshire Council · 8 February 2023
Back to Planning Committee — 8 February 2023 and its agenda

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Agenda
Planning Committee
Date:  Wednesday, 8 February 2023
___________________________________________________________________
Time:  10.00 a.m.
___________________________________________________________________
Venue:  Civic Space 
16 Church Street, Dumbarton
___________________________________________________________________
Contact:   Email: Nicola.moorcroft@west-dunbarton.gov.uk
Committee.admin@west-dunbarton.gov.uk
Dear Member
Please attend a meeting of the Planning Committee as detailed above.
The business is shown on the attached agenda.
Yours faithfully
PETER HESSETT
Chief Executive
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Distribution:-
Councillor Lawrence O’Neill (Chair)
Councillor Gurpreet Singh Johal (Vice Chair)
Councillor Karen Conaghan
Councillor Ian Dickson
Councillor Daniel Lennie
Provost Douglas McAllister
Councillor June McKay
Councillor Chris Pollock
Councillor Hazel Sorrell
Councillor Sophie Traynor*
* Member of the Committee with effect from 2 February 2023
All other Councillors for information
Date of Issue: 26 January 2023
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PLANNING COMMITTEE
WEDNESDAY, 8 FEBRUARY 2023
AGENDA
1 APOLOGIES
2 DECLARATIONS OF INTEREST
Members are invited to declare if they have an interest in any of the items of
business on this agenda and the reasons for such declarations.
3 MINUTES OF PREVIOUS MEETING    5 – 9
Submit for approval as a correct record, the Minutes of Meeting of the
Planning Committee held on 14 December 2022
4 NOTE OF VISITATION  11 – 12
Submit, for information, Note of Visitation carried out on 12 December 2022.
5 OPEN FORUM
The Committee is asked to note that no open forum questions have been
submitted by members of the public.
6 PLANNING APPLICATION  13 – 22
Submit report by the Planning, Building Standards and Environmental Health
Manager, in respect of the following planning application:-
DC22/184/FUL - Erection of double garage at 3 Kirkton Grove,
Dumbarton G82 4BF, by Mr J Lafferty
7 PLANNING PERFORMANCE FRAMEWORK 2021-22 23 – 31
Submit report by the Planning, Building Standards and Environmental Health
Manager, informing of the recent comments received from the Scottish
Government regarding the Planning Performance Framework submitted by
the Council for 2021-22.
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8 PLANNING APPEAL DECISION - PLANNING APPLICATION     33 – 35
DC22/096/FUL -  CHANGE OF USE TO ALLOW FITTING OF 
TYRES TO MOTOR VEHICLES TOGETHER WITH 
ASSOCIATED WORKS (RETROSPECTIVE) ON LAND 
ADJACENT TO THE PUBLIC HOUSE, DUMBARTON ROAD,
DUNTOCHER, CLYDEBANK.
Submit report by the Planning, Building Standards and Environmental Health
Manager, advising of the outcome of the appeal to change of use to allow
fitting of tyres to motor vehicles together with associated works at the above
address.
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PLANNING COMMITTEE
At a Meeting of the Planning Committee held in Civic Space, 16 Church Street,
Dumbarton, on Wednesday, 14 December 2022 at 2.00 p.m.
Present: Councillors Karen Conaghan, Ian Dickson, Gurpreet Singh
Johal, June McKay, Lawrence O’Neill, Chris Pollock and Hazel
Sorrell. 
Attending: 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.
Apologies: Apologies for absence were intimated on behalf of Provost
Douglas McAllister and Councillors Diane Docherty and Daniel
Lennie.
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 MEETING
The Minutes of Meeting of the Planning Committee held on 16 November 2022 were
submitted and approved as a correct record, subject to the addition of Councillors
Karen Conaghan and Lawrence O’Neill and the removal of Councillors Ian Dickson, 
Diane Docherty, June McKay and Chris Pollock, from the attendance list for Note of
Visitation carried out on 10 October 2022.
NOTE OF VISITATION
A Note of Visitation carried out on 14 November 2022, a copy of which forms
Appendix 1 hereto, was submitted and noted.
ITEM 3
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OPEN FORUM
The Committee noted that no open forum questions had been submitted by
members of the public.
PLANNING APPLICATION
A report was submitted by the Planning, Building Standards and Environmental
Health Manager – in respect of the following planning application:- 
DC22/088/LBC – Demolition of Category B Listed Building (Former
Exciseman’s House), at Former Exciseman’s House Dumbarton Road, Bowling
G60 5BQ by Swan Group.
Reference was made to a site visit, which had been undertaken in respect of the
above application. After discussion and having heard the Acting Development
Management Team Leader, in further explanation and in answer to Members’
questions, the Committee agreed to grant listed building consent subject to the
conditions set out in Section 9 of the report, as detailed within Appendix 2 hereto.
REVIEW OF PLANNING ENFORCEMENT CHARTER
A report was submitted by the Planning, Building Standards and Environmental
Health Manager, seeking approval for the updated Planning Enforcement Charter.
After discussion and having heard the Acting Development Management Team
Leader in further explanation, and in answer to Members’ questions, the Committee
agreed to approve the updated Planning Enforcement Charter.
DEVELOPMENT PLAN UPDATE
A report was submitted by the Planning, Building Standards and Environmental
Health Manager, providing an update on the development plan position in West
Dunbartonshire and seeking approval for the 2022 Development Plan Scheme and
Participation Statement.
After discussion and having heard the Team Leader, Development Planning and
Place, in further explanation and in answer to Members’ questions, the Committee
agreed to approve the Development Plan Scheme and Participation Statement.
INTRODUCTION OF FEES FOR PRE–APPLICATION ADVICE AND OTHER
DISCRETIONARY FEES, EXEMPTIONS, REDUCTIONS AND SURCHARGES
A report was submitted by the Planning, Building Standards and Environmental
Health Manager, seeking approval for the introduction of fees for the provision of
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pre-application planning advice to prospective developers and householders and for
the introduction of other discretionary charges, exemptions, reductions and
surcharges. 
After discussion and having heard the Team Leader, Development Planning and
Place, in further explanation, and in answer to Members’ questions, the Committee
agreed, subject to decision at Council on 21 December 2022,:- 
(1) to the introduction of discretionary charges for providing pre-application
advice, non-material variations, written confirmation of compliance/discharge
of conditions, and exemptions as set out in Appendix 1 of the report, to come
into effect on 1st February 2023; and 
(2) that a surcharge of 25% be imposed on all retrospective planning applications
to come into effect from 1st February 2023. 
The meeting closed at 2.31 p.m.
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APPENDIX 1 
PLANNING COMMITTEE 
NOTE OF VISITATION – 14 NOVEMBER 2022 
Present: Councillor Gurpreet Singh Johal 
Attending: Pamela Clifford - Planning, Building Standards and
Environmental Health Manager and James McColl - Acting
Development Management Team Leader 
SITE VISIT 
A site visit was undertaken in connection with the undernoted planning application:- 
Landfill Site, Auchencarroch Road, Jamestown, Alexandria G83 9EY 
DC20/253 - Amendment to Condition 1 of planning permission DC07/233/FUL to
extend the time of the approved landfilling operation and restoration by 15 years. 
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APPENDIX 2 
DC22/088/LBC – Demolition of Category B Listed Building (Former
Exciseman’s House), at Former Exciseman’s House Dumbarton Road, Bowling
G60 5BQ by Swan Group. 
GRANT listed building consent subject to the following conditions:- 
1. That prior to the commencement of any demolition works on site, full details of
the methods for the assessment, sorting and retention of the stone from the
building to allow future re-use shall be submitted to and agreed in writing by
the Planning Authority. Works shall then proceed as approved and all stone
retained unless otherwise agreed in writing by the Planning Authority. 
2. No stone from the building shall be removed from the site regardless of
condition without the prior written agreement of the Planning Authority.
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PLANNING COMMITTEE
NOTE OF VISITATION – 12 DECEMBER 2022
Present: Councillor Ian Dickson
Attending: James McColl - Acting Development Management Team Leader
SITE VISIT
A site visit was undertaken in connection with the undernoted planning application:-
Former Exciseman’s House Dumbarton Road, Bowling G60 5BQ
DC22/088/LBC – Demolition of Category B Listed Building (Former Exciseman’s
House), at Former Exciseman’s House Dumbarton Road, Bowling G60 5BQ by Swan
Group
ITEM 4
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WEST DUNBARTONSHIRE COUNCIL
Report by Planning, Building Standards and Environmental Health Manager
Planning Committee: 8th February 2023
_____________________________________________________________
DC22/184/FUL: Erection of double garage at no. 3 Kirkton Grove,
Dumbarton by Mr J Lafferty
1. REASON FOR REPORT
1.1 An elected member has requested the application to be determined by the
Planning Committee and this has been agreed in conjunction with the
Convenor of the Committee and the appointed officer. Under the terms of
the approved Scheme of Delegation, it therefore requires to be determined
by the Planning Committee.
2. RECOMMENDATION
2.1 Grant planning permission subject to the conditions set out in Section 9.
3. DEVELOPMENT DETAILS
3.1 The application site comprises a detached dwellinghouse which is located
in  the area   known as Kirktonhill, which is designated as a Conservation
Area. The central part of the immediate area surrounding the property is
Islay Kerr House.  The building historically accommodated some of the
boarding pupils of the nearby Keil School, whose founder, William
Mackinnon was a friend of Islay Kerr. In the recent past Islay Kerr House
was used as a nursing home and was then converted to flats, while the
grounds were subdivided to form smaller plots for several new detached
dwellinghouses, including the application property.  No. 3 Kirkton Grove is
a modern residential property with a variety of detached dwellinghouses of
a similar design adjacent to the property. The plot is well screened by
mature trees and a fence, with additional screening afforded by the adjacent
property at no. 2 found north of the application site. The plot benefits from
a sizable driveway and grassed areas, with some vegetation and trees
present. Within the curtilage to the north-western corner is an existing
garage which presently is being converted to ancillary living
accommodation/annex to the existing house, previously permitted through
planning permission DC20/063. A condition, the wording of which was
ITEM 6
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adjusted via the granting of a further planning permission (ref:
DC21/252/FUL), ensures that this building is occupied in conjunction with
the main house, and not as a separate dwellinghouse. 
3.2 Planning permission is sought to construct a double garage at the above
property. 
• The proposed building would have a rectangular footprint of 36sqm
within the rear curtilage of 600sqm against 226sqm footprint of the host
property and 37.5sqm of the previously approved annex structure. The
proposed structure would be used as a garage for two cars and
associated storage and it would face onto the existing driveway. A gap
of 1m between the rear elevation and the boundary with no. 15a
Helenslee Rd to the west would be retained. A gap of 2m between the
northern gable elevation and the previously approved ancillary structure
would be retained. The garage will have a pitched roof to a height of 4.3
metres and eaves height of 2.2m.
• The principal elevation would feature a single garage door with the
remaining elevations kept blank.
4. CONSULTATIONS
None required
5. REPRESENTATIONS
5.1 Three objections have been received from three  adjacent residents in
response to the application. The detail of each submitted representation is
available in the electronic planning file for the application and available for
public viewing. However, the concerns raised can be summarised as
follows:
• Impact on privacy and overlooking of the adjacent properties.
• Noise during use of the proposed structure.
• Construction noise during development of the proposed structure and
the ongoing development of the previously approved ancillary structure.
• Overshadowing impact on the adjacent properties.
• Visual impact of the development and the application site on the
character of the Conservation Area.
• Impact on trees.
• Overdevelopment of the plot increasing the density of the locality.
• Concern over possible change of use of the structure and connecting it
with the adjacent annex to form a new separate dwelling in the future on
the basis of the close proximity between the two structures.
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• The current proposal and the relationship with proposals previously
granted planning permission are unclear.
• Drainage issues may occur.
• There may be an impact on public greenspace in the area.
• Wildlife may be affected.
• The value of the surrounding properties will be impacted upon.
6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN
West Dunbartonshire Adopted Local Plan 2010
6.1 Policy GD1 of the Local Plan seeks to ensure that ensure that the value of
the historic and natural environment is recognised and not devalued or
threatened by the proposal. This policy also seeks to ensure that all new
development is of a high quality of design and respects the character and
amenity of the area. The requirement for proposals to be appropriate to the
local area inclusive of design is highlighted. Policy H5 advises that the
character and amenity of existing residential areas, identified on the
Proposals Map, will be safeguarded and where possible enhanced and
Policy BE1 seeks to ensure that no works adversely affect the appearance
and character of the Conservation Areas.
6.2 It is considered that the proposal is of an acceptable design and scale. The
development would be of domestic use and would remain ancillary to the
existing dwellinghouse. While positioned closely to the north-western corner
of the plot and the previously approved living annex, within the wider context
of the remaining undeveloped curtilage the development of the overall plot
would remain on appropriate levels. The position of the development
ensures that its impacts on the amenity of the immediate surroundings and
the wider area remains on acceptable levels. The proposal complies with
the policies of the adopted Local Plan and is assessed fully in Section 7
below. 
7. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS
National Planning Policy
7.1 Revised Draft National Planning Framework (NPF) 4 was approved by the
Scottish Parliament on 11th January with Scottish Ministers indicating the
intention for NPF4 to be adopted and published on 13th of February 2023.
Policy 7 addresses proposals affecting historic assets setting out that
development proposals in or affecting conservation areas will only be
supported where the character and appearance of the conservation area
and its setting is preserved or enhanced. Policy 14 advises that
development proposals will be supported where they are consistent with the
six qualities of successful places and specifically sets out that development
proposals that are poorly designed, detrimental to the amenity of the
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surrounding area or inconsistent with the six qualities of successful places,
will not be supported. 
7.2 It is considered that the proposal meets with the relevant policies of the
Revised Draft NPF4 policy. The development would have a limited effect on
the Kirktonhill Conservation Area as the overall character and appearance
of the Conservation Area and its setting would remain preserved due to the
limited and subordinate scale and secluded location within the wider
Conservation Area. The proposal is considered to be well designed in a
style reflective of the host property and is placed subordinately in relation to
it. The domestic character of the proposal and its location within the plot is
not considered to be detrimental to the amenity of the surrounding area. 
Historic Environment Scotland’s Policy and Guidance.
7.3 Historic Environment Scotland’s Historic Environment Policy for Scotland
seeks to ensure that changes to specific assets and their context are
managed in a way that protects the historic environment.
7.4 Historic Environment Scotland’s Managing Change in the Historic
Environment Guidance Note series provides advice and guidance to
Planning Authorities determining applications which affect the historic
environment, including Conservation Areas. The guidance note on ‘Setting’
advises that setting can be important to the way in which historic structures
or places are understood, appreciated and experienced, and provides
guidance on factors to be considered in assessing the impact of a change
on the setting of a historic asset or place. Overall, it is considered that the
principle of the erection of a domestic garage within a rear curtilage does
not conflict with the aims of Historic Environment Scotland Policy and
Guidance which seek to preserve the historic environment.
West Dunbartonshire Local Development Plan (LDP2) Proposed Plan
7.5 The modified Plan and associated documents was approved by the Council
on 19 August 2020. The Council has advised the Scottish Ministers of its
intention to adopt the Plan. On 18th December 2020, the Scottish Ministers
issued a Direction in relation to the housing land chapter of the Plan. None
of the policies considered in the determination of these applications is
affected by the Direction. Therefore, Local Development Plan 2 is the
Council’s most up to date policy position and is afforded significant weight
in the assessment and determination of planning applications.
7.6 Policy CP1 of LDP2 seeks to ensure that all development contributes
positively to the historic environment. Policy H4 sets out that that the
Council will protect, preserve and enhance the residential character and
amenity of existing residential areas at all time. The Policy goes on to set
out a general presumption against outbuildings within the curtilage which
would have significant adverse impact upon neighbouring properties,
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including but not limited to overshadowing, overlooking, overbearing,
insufficient parking and the character and appearance of the area. Policy
BE3 advises development that would harm the character or appearance of
a Conservation Area will not be permitted. New development within or
affecting a Conservation Area should be of a high standard of design and
enhance the character of the area, and should have regard to the
Conservation Area Appraisal for that area.
7.7 It is considered that the proposal meets with the relevant policies of the
proposed LDP2. The development is not considered to have a negative
effect as the overall character and appearance of the conservation area and
its setting would remain preserved due to the limited and subordinate scale
and secluded location of the development within the wider Conservation
Area. The proposal is considered to be well designed and is in keeping with
the design of the host property and the surrounding houses and is placed
subordinately in relation to the host property, thus preserving the residential
character of the neighbourhood. The proposed garage would not have
significant adverse impact upon neighbouring properties, including matters
such as overshadowing, overlooking, overbearing, parking or the character
and appearance of the area.
Principle of Development
7.8 The site is located within a residential area as defined by the adopted Local
Plan and proposed Local Development Plan 2. Overall, the area is
residential in character with a mix of recent modern and more historic
properties. Within the former Islay Kerr House grounds and when compared
to some of the nearby plots, no. 3 Kirkton Grove benefits from a sizable
curtilage which is well screened. The provision of ancillary buildings within
curtilages of dwellinghouses, including in historic areas and those protected
through the Conservation Area designation is commonplace. Historically,
dwellings in Kirktonhill would benefit from stables, washhouses and other
structures ancillary in character. In this instance, it is proposed to provide a
garage to serve the existing property. While the site benefits from a
driveway located within the front and partially the rear curtilage, it is
understandable that weather-tight storage for vehicles and other domestic
items may be desired, particularly given the ongoing conversion of the
previously erected garage. The placing of the proposed garage next to the
existing outbuilding cannot be considered to be a clustering of ancillary
structures at this location, as the placing of the proposed garage at the end
of the driveway, away from the principal elevation of the host property and
near its rear entrance is a logical choice, which is appropriate in the context
of the site. In principle, the proposed garage is considered to be acceptable
in the context of the wider Kirktonhill Conservation Area. 
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Design and Appearance
7.9 The Kirktonhill Conservation Area Appraisal seeks to ensure that new
development accord with the prevailing pattern of development, including
scale and massing, the setting of existing buildings is not impinged upon
and new development utilises high quality materials. The development,
which would consist of detached garage, is of a style similar to that of the
host property and would feature a pitched roof, which is considered
appropriate. The proposed structure is considered to be of an appropriate
scale and massing and remains subordinate to the host property while also
replicating the design style of the previously approved annex structure.
Whilst external materials are not specified, it is expected that these will
complement the existing house and Conservation Area and this matter is
addressed by condition to ensure an appropriate finish and palette of
materials. Considering the level of development, the combined footprint of
the proposed and the existing structures within the rear curtilage amounts
to a little over the tenth of the footprint of the rear curtilage and about a third
of the footprint of the host property. The proposal itself and the cumulative
impact of the development at no. 3 Kirkton Grove cannot be considered to
be overdevelopment and is an acceptable addition to the Conservation
Area. Overall, it is not considered that the development as proposed and if
delivered in finishes and materials reflective of the host property would harm
the character or appearance of Kirktonhill Conservation Area.
Impact on Residential Amenity.
7.10    Careful consideration requires to be given to a range of matters including
the overall impact on residential amenity in relation to privacy, overlooking,
overshadowing and overdevelopment. It is not considered the provision of
a garage at this location will impact these negatively. The screening of the
site and the location of the proposed garage within the plot mean that there
would not be any impact on the surrounding properties in relation to privacy
and overlooking due to no new windows being created and the intended
use of the structure as parking and storage, which would not impact the
same way as a main living area or, for example, a patio or decking. Similarly,
the screening of the proposed structure along with the location of the plot
would mean a very limited visual impact on the character of the immediate
vicinity and the wider Conservation Area. In terms of overshadowing, given
the massing of the existing house on the plot to the south of the proposed
structure and the current presence of mature trees along the northern
boundary, it is not considered that the proposed garage would result in an
adverse impact in terms of overshadowing to neighbouring properties
beyond the established position.  There is nothing to suggest that the use
of the proposed garage would result in any noise or disturbance beyond
that typically expected from a domestic setting. Whilst it is accepted a
degree of noise and disturbance may occur during construction, this cannot
be a determining factor. Overall, it is considered that the proposal presents
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no conflict with Policies GD1 and H5 of the adopted Local Plan and Policies
H4 and CP1 of proposed Local Development Plan 2.
Representations Received
7.11 Turning to the outstanding points raised in the objections received, a variety
of concerns have been raised.
Concern is raised over possible change of use of the structure currently
proposed and the possibility of connecting it with the adjacent annex to form
a new separate dwelling in the future. This issue has been raised on the
basis of the close proximity between the two structures. The application
requires to be assessed as submitted and any future proposals would be
considered should they be brought forward in a planning application.  
Considering the concerns raised that the plans submitted do not reflect the
presence of the previously approved ancillary structure, both the submitted
location and block plans show the structure in question. The submitted
application is also clearly for a new garage and this is clear from both the
application form and submitted plans and drawings. 
There is nothing to suggest that the development of a domestic garage
would adversely impact upon drainage within the wider area. Impact on
public greenspace in the area has also been raised in the objections; private
gardens and public greenspaces are separate types of space, and it is not
considered that the proposal impacts on the former in any way. The
application site comprises an existing house and garden and is not located
within an area designated as one of additional protections over wildlife or
vegetation and in any case the development hereby proposed would be
erected over an already developed area of hardstanding rather than a
‘greenfield’ site. The proposed construction would not result in management
or removal or trees within the Tree Preservation Order which applies in this
part of Kirktonhill – as such, there is no impact on of natural habitats, tree
protection or other environmental matters. Finally, property value is not a
planning matter.
8. CONCLUSION
8.1 The proposed development will have a limited and managed effect on the
residential amenity and character of the neighbourhood and the established
Conservation Area while allowing for reasonable development of the
domestic curtilage of a dwellinghouse. The proposal is considered
acceptable with reference NPF4, the adopted West Dunbartonshire Local
Plan and the proposed West Dunbartonshire Local Development Plan 2. 
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9. CONDITIONS
1. That prior to the commencement of works on site, full details of all
proposed external finishing materials, including roofing materials, shall
be submitted to and approved in writing by the Planning Authority. Works
shall then proceed as approved unless an alternative is otherwise
agreed in writing by the Planning Authority.
2. The ancillary structure hereby approved shall be used solely for
domestic ancillary purposes as a garage and storage by occupier of 3
Kirkton Place, Dumbarton. For the avoidance of doubt, this domestic
ancillary structure may not function, be used or be sold as an entirely
separate dwellinghouse or commercial premises.
Pamela Clifford 
Planning, Building Standards and Environmental Health Manager
Date: 8th February 2023
Person to Contact: Pamela Clifford, Planning & Building Standards
Manager  
Email: Pamela.Clifford@west-dunbarton.gov.uk
Appendix: Location Plan
Background Papers:
1. Application forms and plans;
2. West Dunbartonshire Local Plan 2010;
3. West Dunbartonshire Local Development Plan 2
Proposed Plan;
4. Revised Draft National Planning Framework 4
5. Historic Environment Scotland’s Historic Environment
Policy for Scotland
6. Historic Environment Scotland’s Managing Change in
the Historic Environment Guidance Note on Setting
7. Kirktonhill Conservation Area Appraisal
8. Representations.
Wards affected:    Ward 3 – Dumbarton
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DC22/184/FUL
¯
Reproduced by permission of Ordnance Survey on behalf of HMSO. (C) Crown copyright and database right 24/01/2023.
All rights reserved. West Dunbartonshire OS Licence Number 100020790.
Scale: 1:1,250@A424/01/2023
DC22/184/FULWest Dunbartonshire
Council
16 Church Street
Dumbarton
G82 1QL
I T E M 6
A P P E N D I X 1
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WEST DUNBARTONSHIRE COUNCIL
Report by the Planning, Building Standards and Environmental Health
Manager 
Planning Committee: 8th February 2023
Subject: Planning Performance Framework 2021-22
1. Purpose
1.1 To inform the Committee of the recent comments received from the Scottish
Government regarding the Planning Performance Framework submitted by
this Council for 2021-22.
2. Recommendations
2.1 That the Committee notes the content of this report and the comments
received from the Scottish Government.
3. Background
3.1 This year the annual Planning Performance Framework (PPF) was submitted
to the Scottish Government in September 2022, with an extension of time
given to all Councils due to a delay in the issuing of national statistics. The
feedback on individual Planning Performance Reports was received from the
Scottish Government in December 2022.  The Scottish Government have
assessed the Planning Performance Framework against a set of performance
markers and it is seen as a measure of continuous improvement.  The
Performance Markers give an indication of good performance, good practice
and help to identify priority areas for improvement action.  This year, a peer
review of the Planning Performance Framework was undertaken with
Aberdeen City Council. This was undertaken online over 2 days in November
2022.
4. Main Issues
4.1 The PPF report outlined our performance and demonstrated our
achievements, actions and improvements in 2021-22.  This year we
presented the Planning Performance Framework in an online storymap format
(https://storymaps.arcgis.com/collections/5844998c7c77438186a9f018616dea
c8). The structure and format of the report remained consistent from previous
years focused on defining and measuring a high quality planning service and
assessed through quality of outcomes, quality of service and engagement,
governance, and culture of continuous improvement. The Framework report
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included case studies in order to showcase good performance, good practice
and the use of innovative ideas.
4.2 The Minister for Public Finance, Planning and Community Wealth (Mr Tom
Arthur) in the feedback report recognised that the reporting period continued
to present challenges for people working within planning, in the development
sector and across Scotland’s communities. Performance had remained
relatively stable and that this is testament to the hard work and flexibility of
authorities during challenging times.  Ensuring a system is appropriately
resourced is key to improving the performance of planning, and he recognised
why in April 2022 the biggest change to planning fees in 8 years was
implemented with fees for most types of development increasing by between
25% and 50%. He indicated that he expected this additional money to be
invested in delivering improvements in Planning Services. He also committed
to working with Heads of Planning and COSLA to identify how to move
planning application fees closer to covering full cost of their determination.
The Minister also recognised that resourcing is about more than just money
and having a pipeline of knowledgeable and skilled planners is essential to
deliver the ambitions set out in the fourth National Planning Framework
(NPF4). This is why he supports the Royal Town Planning Institute and Heads
of Planning Scotland’s Future Planners Project which looks at proposals to
increase the numbers of people entering the planning profession. Work by the
Scottish Government is progressing on the introduction of mandatory training
for elected members in the planning system, the implementation of statutory
annual reports by planning authorities, and the appointment of a Planning
Improvement Coordinator for Scotland. 
4.3 The assessment of the annual Planning Performance Framework is based on
performance markers which are rated green, amber or red. These ratings are
based on the evidence provided within the Planning Performance Framework
reports. Where no information or insufficient evidence has been provided a
‘red’ marking is allocated.  This year the Council saw a further  improvement
in the performance markers with 14 green performance markers, and only one
red marker compared to the previous year of 9 green performance markers, 3
amber markers and 1 red marker(2 markers in the previous reporting period
where exempt.)  The feedback report is contained in Appendix 1. Green
performance markers were received this year for: processing agreements,
early collaboration with applicants and consultees, legal agreements,
enforcement charter, regular and proportionate policy advice, corporate
working across services, the conclusion of legacy cases, developer
contributions and sharing good practice, skills and knowledge,  decision
making, Local Development Plan engagement, continuous improvement and
the Development Plan Scheme.
4.4 In reporting year 2021-22, the timescales for dealing with major applications of
9.6 weeks is faster than the previous year and much faster than the Scottish
average of 44.6 weeks. The average timescales of 13 weeks for local
applications was slower than the previous year but faster than the Scottish
average of 13.5 weeks and the average timescales for householder
applications of 8.6 weeks is faster than the previous year and faster than the
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Scottish average of 8.7 weeks. A good range of service improvement
commitments were identified for the forthcoming 2022-23 reporting year. The
high number of green markers received this year is due to the hard work and
commitment of the Planning staff members and support of Elected Members
during a challenging year in terms of staff resources. 
4.5 The one red marker was for the Local Development Plan. The current
adopted Plan was 12 years old at the end of the Planning Performance
Framework reporting period. As reported in the Development Plan Update
report to this Committee, the replacement plan (LDP2) has been through
Examination and the officers are still considering a change to the Plan
required by a Scottish Ministers Direction which could have legal implications,
and that has delayed the adoption of a more up-to-date Plan. Preliminary
work has commenced on LDP3, whilst new LDP regulations and guidance is
awaited from the Scottish Government. It is expected that this will be issued in
Spring 2023. 
5. People Implications
5.1 There are no personnel issues associated with this report.
6. Financial and Procurement Implications
6.1 None.
7. Risk Analysis
7.1 There are no risk issues.
8. Equalities Impact Assessment (EIA)
8.1 It is not considered that the report or recommendations raise any equalities
issues.
9. Consultation
9.1 No consultation was necessary for the preparation of this report.
10. Strategic Assessment
10.1 The content of this report fully supports the Council’s Strategic Priorities.
Pamela Clifford 
Planning, Building Standards and Environmental Health Manager
Date: 8th February 2023  
Person to Contact: Pamela Clifford, Planning & Building Standards Manager, 
Email: pamela.clifford@west-dunbarton.gov.uk
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Appendices: Appendix 1: Performance Markers Report 2021-22
Background Papers: West Dunbartonshire Council Planning Performance
Framework report for 2021-22
(https://storymaps.arcgis.com/collections/5844998c7c774
38186a9f018616deac8)
Wards Affected: All
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Scottish Ministers, special advisers and the Permanent Secretary are
covered by the terms of the Lobbying (Scotland) Act 2016.  See
www.lobbying.scot
St Andrew’s House, Regent Road, Edinburgh  EH1 3DG
www.gov.scot


Ministear airson Ionmhas Poblach, Dealbhachadh
agus Beartas Còimhearsnachd
Minister for Public Finance, Planning and Community
Wealth
Tom Arthur MSP
T: 0300 244 4000
E: scottish.ministers@gov.scot

Peter Hessett
Chief Executive
West Dunbartonshire Council
22 December 2022
Dear Peter Hessett
I am pleased to enclose feedback on your authority’s eleventh Planning Performance
Framework (PPF) Report, for the period April 2021 to March 2022. 
The reporting period which these reports cover has continued to present challenges for
people working within planning, in the development sector and across Scotland’s
communities. 
Ensuring the system is appropriately resourced is key to improving the performance of
planning,  which is why in April I implemented the biggest change to planning fees in 8 years,
with fees for most types of development increasing by between 25% and 50%. At the time I
said I would expect to see this additional  money invested in delivering improvements in
Planning Services. It is too early to know whether that has occurred, however, I have heard
positive feedback from some authorities who have managed to recruit or retain staff as a
result of the additional income. I also committed to working with Heads of Planning and
COSLA to identify how we could move planning fees closer to covering the full cost of their
determination. That work is ongoing and I expect to receive some
conclusions/recommendations early in the new year.
I am also encouraged to see the fees for applications made under the Electricity Act also
increasing on 13th December and the voluntary contribution of 50% of the fee, for certain
types of application, being passed to planning authorities being maintained. 
However, I recognise that resourcing is about more than just money and having a pipeline of
knowledgeable and skilled planners is essential to delivering on our ambitions set out in
NPF4. This is why I supported the RTPI and Heads of Planning Scotland’s Future Planners
Project which looked at proposals to help increase the numbers of people entering the
planning profession. We recognise the importance of delivering on this vision and the
resourcing and skills challenges for planning authorities, which we are taking steps to
address.
ITEM 7 -
APPENDIX 1
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Scottish Ministers, special advisers and the Permanent Secretary are
covered by the terms of the Lobbying (Scotland) Act 2016.  See
www.lobbying.scot 
St Andrew’s House, Regent Road, Edinburgh  EH1 3DG
www.gov.scot

 
Work is also progressing on 
• the introduction of mandatory training for elected members in the planning system; 
• the implementation of statutory annual reports by planning authorities; and 
• the appointment of a Planning Improvement Coordinator for Scotland. 
Turning to the 2021-22 PPF reporting year, although, as expected, there have been some
minor changes overall in the markings awarded, the figures indicate that performance has
remained relatively stable. This is a testament to the hard work and flexibility of authorities
during challenging times and I believe that overall, good progress continues to be made by
Scotland’s planning authorities. 
If you would like to discuss any of the markings awarded below, please email
chief.planner@gov.scot and a member of the team will be happy to discuss these with you. 
TOM ARTHUR 
CC: Pamela Clifford, Planning, Building Standards and Environmental Health Manager 
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St Andrew’s House, Regent Road, Edinburgh  EH1 3DG
www.gov.scot  
PERFORMANCE MARKERS REPORT 2021-22 
Name of planning authority: West Dunbartonshire Council 
The High Level Group on Performance agreed a set of performance markers. We have assessed your report against
those markers to give an indication of priority areas for improvement action. The high level group will monitor and
evaluate how the key markers have been reported and the value which they have added. 
The Red, Amber, Green ratings are based on the evidence provided within the PPF reports. Where no information or
insufficient evidence has been provided, a ‘red’ marking has been allocated.   
No. Performance Marker RAG
rating
Comments
1 Decision-making: continuous
reduction of average timescales for
all development categories [Q1 -
Q4] 
Green Major Applications
Your average timescale of 9.6 weeks is faster than the
previous year and faster than the Scottish average of 44.6
weeks. 
RAG = Green 
Local (Non-Householder) Applications
Your average timescale of 13.0 weeks is slower than the
previous year but faster than the Scottish average of 13.5
weeks.  
RAG = Amber 
Householder Applications
Your average timescale of 8.6 weeks is faster than the
previous year and faster than the Scottish average of 8.7
weeks. 
RAG = Green 
Overall RAG = Green
2 Processing agreements:
• offer to all prospective
applicants for major
development planning
applications; and
• availability publicised on
website 
Green Processing agreements are offered for all applications for
major development and important local development.
RAG = Green 
Processing agreement information is available through your
website.
RAG = Green 
Overall RAG = Green
3 Early collaboration with applicants
and consultees
• availability and promotion
of pre-application
discussions for all
prospective applications;
and
• clear and proportionate
requests for supporting
information 
Green You provide a pre-application advice service which is
promoted through the website and have a protocol in place. 
RAG = Green 
You provide case study evidence to demonstrate how
requests for supporting information are clear and
proportionate to the applicant. 
RAG = Green 
Overall RAG = Green
4 Legal agreements: conclude (or
reconsider) applications after
resolving to grant permission
reducing number of live
applications more than 6 months
after resolution to grant (from last
reporting period)
Green Your report states that no applications with legal agreements
were determined during the reporting period. 
5 Enforcement charter updated / re-
published within last 2 years
Green Your enforcement charter was 1 year and 6 months old at the
end of the reporting period.
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St Andrew’s House, Regent Road, Edinburgh  EH1 3DG
www.gov.scot  
6 Continuous improvement:
• progress ambitious and
relevant service
improvement commitments
identified through PPF
report 
Green 
You have completed 5 out of your 23 improvement
commitments with 17 ongoing and 2 still to progress.
Although the majority of your commitments are still ongoing,
you did set out a wide range. 21 of your improvement
commitments with the majority remaining to be completed
over the next reporting year. You have identified 10
commitments for the following year as well as outlined other
projects that are continuing. 
7 Local development plan less than
5 years since adoption
Red Your LDP was 12 years old at the end of the reporting period.
It is noted that you have commenced preparation of a new
plan. 
8 Development plan scheme – next
LDP:
• project planned and
expected to be delivered to
planned timescale 
Green 
Your report states that your LDP is meeting the timescales as
set out in your most recent Development Plan Scheme which
was approved by committee in September 2020. The Council
is waiting for the publication of the finalised Guidance on LDP
before publishing. 
9 &
10
LDP Engagement 
• stakeholders including
Elected Members, industry,
agencies, the public and
Scottish Government are
engaged appropriately
through all key stages of
development plan
preparation.
Green During the preparation of the LDP, all stakeholders were
engaged throughout the process
11 Policy Advice 
• Production of relevant and
up to date policy advice 
Green You have adopted Supplementary Guidance on Green
Network/Green Infrastructure as well as Creating Places
Guidance during the reporting period. 
12 Corporate working across
services to improve outputs and
services for customer benefit (for
example: protocols; joined-up
services; single contact
arrangements; joint pre-application
advice)
Green You have provided some good case studies to demonstrate
how you work with other council services including the Cross-
Service group (Plannning, Regeneration and Asset
Management) being re-established which aims to discuss
regularly progress and issues relating to the Councils
regeneration priorities in town centres and along the
waterfront. Other examples included working closely with
housing collegues and setting Levelling Up Project Board. 
13 Sharing good practice, skills and
knowledge between authorities 
Green Your report identifies working with other local authorities
through benchmarking groups, ClydePlan and Glasgow and
Clyde Valley Housing Market Partnership which cover the 8
local authorities within the Glasgow Region. 
14 Stalled sites / legacy cases:
conclusion or withdrawal of old
planning applications and reducing
number of live applications more
than one year old 
Green You have cleared 5 cases during the reporting year, with 7
cases still awaiting conclusion. This is a slight decrease by 1
case from the previous year. 
15 Developer contributions: clear
and proportionate expectations
• set out in development plan
(and/or emerging plan);
and
• in pre-application
discussions 
Green Developer contributions are set out in relation to green
network. LDP2 contains policy which will be applied
proportionately.
RAG = Green 
Case studies demonstrate how requests are discussed early
in the application process.
RAG = Green
Overall RAG = Green
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St Andrew’s House, Regent Road, Edinburgh  EH1 3DG
www.gov.scot  
WEST DUNBARTONSHIRE COUNCIL
Performance against Key Markers 
Marker 13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22
1 Decision making timescales         
2 Processing agreements         
3 Early collaboration          
4 Legal agreements         
5 Enforcement charter         
6 Continuous improvement          
7 Local development plan         
8 Development plan scheme         
9 Elected members engaged
early (pre-MIR) N/A N/A N/A   N/A N/A N/A 
10 Stakeholders engaged
early (pre-MIR) N/A N/A N/A   N/A N/A N/A 
11 Regular and proportionate
advice to support
applications 
12 Corporate working across
services         
13 Sharing good practice,
skills and knowledge         
14 Stalled sites/legacy cases         
15 Developer contributions           
Overall Markings (total numbers for red, amber and green)    
2012-13 1 6 6
2013-14    1 2 10
2014-15 2 2 9
2015-16 1 5 7
2016-17 1 4 10
2017-18 1 5 9
2018-19 2 3 8
2019-20 2 3 8
2020-21 1 3 9
2021-22 1 0 13 
Decision Making Timescales (weeks) 
13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22
2021-22
Scottish
Average
Major
Development 32.4 19.8 24.6 23.4 18.3 28.5 14.8 11.2 9.6 44.6
Local 
(Non-
Householder)
Development
15.2 10.5 10.7 10.0 11.8 14.4 16.0 12.6 13.0 13.5
Householder
Development 7.5 6.8 7.3 6.8 7.0 8.6 12.7 9.6 8.6 8.7 
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WEST DUNBARTONSHIRE COUNCIL
Report by Planning, Building Standards and Environmental Health Manager
Planning Committee: 8th February 2023
_____________________________________________________________ 
DC22/096/FUL: Planning appeal decision - Change of use to allow fitting of tyres to motor 
vehicles together with associated works (retrospective) on land adjacent 
to the public house, Dumbarton Road, Duntocher, Clydebank.
1. Purpose
1.1 The purpose of this report is to advise the Committee of the outcome of the appeal to
change of use to allow fitting of tyres to motor vehicles together with associated works
at the above address.
2. Recommendation
2.1 It is recommended that the Committee note the outcome of the appeal.
3. Background
3.1 In June 2021, the Planning Committee refused planning permission (DC21/012/FUL)
for the siting of 3 containers on the existing car park to accommodate tyre fitting
business on the grounds that the proposed development would result in the
introduction of a type of use that would be out of character with the surrounding area
and would have a significant detrimental impact on the amenity and appearance of the
surrounding area. Additionally, it was considered that the proposal would not be
compatible with adjacent residential uses. Following refusal, the applicant submitted
an appeal to the Directorate for Planning and Environmental Appeals and the appeal
was dismissed by the Reporter on the grounds that there were no material
considerations which would justify granting planning permission.
3.2 A further planning application (DC22/096/FUL) was submitted which sought to address
the previous reasons for refusal on appeal with the containers re-positioned on the site
and largely enclosed behind a 2.4 metre high timber screen. This application was
refused by the Planning Committee on 3rd August 2022 as it was considered that the
proposed development would result in the introduction of a use that would be out of
character with and have a significant detrimental impact upon the surrounding area
and not supported by the adopted Local Plan or proposed Local Development Plan 2
4. Main Issues
4.1 Following the refusal of planning permission, the applicant submitted an appeal to the
Directorate for Planning and Environmental Appeals.
4.2 Following a full assessment, the Reporter dismissed the appeal and refused planning
permission on 5th January 2023. In doing so, the Reporter found the main issues to be
the location within an area where the predominant established use is residential, the
effect on the visual amenity of the surrounding area visual impact and the impact on
residential amenity.
ITEM 8
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4.3 In assessing the visual impact on the surrounding area, the Reporter acknowledge that
screening materials have been introduced to try to mitigate the visual impact and
prominence of the containers and storage area. The Reporter, however, considered
that the proposed development would still be makeshift in appearance, and visually
unsuited to an established residential area. The Reporter further considered that both
the use and the appearance of the proposed development would be out of character
with the surrounding area. Overall, the Reporter found the proposed development
would have a significant detrimental impact on the visual amenity of the local area.
4.4 Turning to residential amenity, the Reporter further considered that development was
within close-range view of the flats across Beech Road, especially those at first floor
level which have clear lines of site over the hedge on their boundary. Accordingly, she
consider it would have a detrimental impact on outlook, unacceptably reducing
residential amenity. In combination with the development’s incongruity and its adverse
visual impact, the Reporter was also concerned that any noise disturbance from the
non-residential use could have a compounding effect on amenity although
acknowledged that further information would have been required on this matter should
she have been minded to grant planning permission. 
4.5 The Reporter concluded that the development did not accord overall with the relevant
provisions of the development plan and that there were no other material
considerations which would justify granting planning permission. 
5. People Implications
5.1 There are no people implications associated with this report.
6. Financial and Procurement Implications
6.1 There are no financial or procurement issues associated with this report.
7. Risk Analysis
7.1 There are no risks associated with this report.
8. Equalities Impact Assessment (EIA)
8.1 There are no equalities issues associated with this report.
9. Consultation
9.1 Consultation was undertaken during the consideration of the planning application.
10. Strategic Assessment
10.1 The appeal decision is considered to have been consistent with the following
strategic priorities:
• Our Environment in ensuring the local environment is protected, enhanced
and valued.
Pamela Clifford 
Planning, Building Standards and Environmental Health Manager 
Date: 8th February 2023
______________________________________________________________
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Person to Contact: Pamela Clifford, Planning, Building Standards and
Environmental Health Manager  
Email: Pamela.Clifford@west-dunbarton.gov.uk
Appendices: None
Background Papers:
1. Planning Committee reports – DC21/012/FUL, DC22/096/FUL
2. Planning appeal decision PPA-160-2038 -
https://www.dpea.scotland.gov.uk/CaseDetails.aspx?ID=12262
5
Wards affected: Ward 4 (Kilpatrick)
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