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Item 8 - Planning Appeal decision DC22 096 FUL

West Dunbartonshire Council · 8 February 2023
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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
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Wards affected: Ward 4 (Kilpatrick)