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Item 7 - Legal opinion regarding appeal decision DC22-049-MSC, Farm Road, Duntocher

West Dunbartonshire Council · 19 April 2023
Back to Planning Committee — 19 April 2023 and its agenda

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WEST DUNBARTONSHIRE COUNCIL 
Report by Planning, Building Standards and Environmental Health Manager 
Planning Committee:  19th April 2023 
_____________________________________________________________ 
DC22/049/MSC: Planning appeal decision - Approval of matters specified in
conditions 1, 3, 5 and 7 of PPiP approval DC19/203 for the
erection of 99 dwellinghouses, formation of access,
landscaping, open space, SUDS and associated
infrastructure at Farm Road, Duntocher, Clydebank 
1.  Purpose 
1.1 The purpose of this report is to advise the Committee of legal advice received
in respect of the above appeal decision. 
2. Recommendation 
2.1 It is recommended that the Committee note that the legal advice received by
the Council is that there are no grounds for challenging the appeal decision. 
3.  Background 
3.1     In September 2020, planning permission in principle was granted on appeal for
a residential development subject to seven planning conditions with an
indicative capacity of up to 99 dwellinghouses. The Council made an appeal to
the Court of Session against this appeal decision. The Council’s appeal was
dismissed. The Council subsequently sought permission to appeal this matter
to the Supreme Court, but this was refused. 
3.2 Planning application DC22/049/MSC considered the details in respect of the
matters specified in conditions 1, 3, 5 and 7 of the planning permission in
principle. Condition 1 addresses a variety of details including the site layout,
siting and design of the proposed houses, access arrangements, car parking,
levels, landscaping, garden space and provisions for waste. Condition 3
addresses the requirement for an updated habitat survey and condition 5
addresses flooding and drainage details. Finally, condition 7 relates to the
provision of bus stops on Craigielea Road and associated footpath
connections. 
3.3 The application for matters specified by condition was refused by the Planning
Committee in October 2022 as it was not considered that proposal layout and
design of the development achieved the right development in the right place,
did not achieve housing that is of a high-quality, adaptable, and designed to be
suitable for a mix of occupants, failed to achieve a layout that is of a high quality
and easy to move around and failed to demonstrate the six qualities of
successful places. The Committee further considered that the development
would detract from both the local amenity and from the overall character of the
local settlement and the adjoining Kilpatrick Hills. 
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3.4 Following the refusal of the matters specified by condition application, the
applicant submitted an appeal together with a claim for award of expenses to
the Directorate for Planning and Environmental Appeals. The appeal decision
was published on 31st January 2023. The Reporter upheld the appeal and
granted the application for matters specified by condition. A partial award of
expenses in the appellant’s favour was also allowed. 
4.  Main Issues 
4.1 The March Planning Committee requested that an external legal opinion be
sought on whether there were grounds to challenge the appeal decision by the
Reporter. An opinion was therefore sought from Counsel who advised that
there was no stateable ground of appeal as he did not think that the appeal
Reporter’s conclusions could be considered unreasonable. This brings the
appeal process to a conclusion. 
5. People Implications 
5.1 There are no people implications associated with this report. 
6. Financial and Procurement Implications 
6.1 The costs of the external legal advice will be met from the Planning and Building
Standards budget. At the time of writing the report the invoice for the legal
advice has not been received by the Council. 
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 Statutory consultation was undertaken during the consideration of the planning
application. 
10. Strategic Assessment 
10.1 The appeal decision is considered to have no implications in terms of the
strategic priorities. 
Pamela Clifford 
Planning, Building Standards and Environmental Health Manager 
Date: 19th April 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 report – DC22/049/MSC 
2. Planning appeal decision PPA-160-2039 - Scottish
Government - DPEA - Case Details (scotland.gov.uk) 
Wards affected:  Ward 4 (Kilpatrick) 
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