Document Pack (Bookmarked) Planning Committee 14 06 23
West Dunbartonshire Council · 14 June 2023
Back to Planning Committee — 14 June 2023 and its agenda
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Agenda Planning Committee Date: Wednesday, 14 June 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 Page 1
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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 All other Councillors for information Date of Issue: 1 June 2023 Page 2
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PLANNING COMMITTEE WEDNESDAY, 14 JUNE 2023 AGENDA 1 APOLOGIES 2 DECLARATIONS OF INTEREST Members are invited to declare if they have any interests in the items of business on this agenda and the reasons for such declarations. 3 MINUTES OF PREVIOUS MEETING 5 - 14 Submit for approval as a correct record, the Minutes of Meeting of the Planning Committee held on 19 April 2023. 4 OPEN FORUM The Committee is asked to note that no open forum questions have been submitted by members of the public. 5 PLANNING APPLICATIONS Submit reports by the Planning, Building Standards and Environmental Health Manager – in respect of the following Planning applications:- (a) DC22/201/FUL - Erection of Class 1 foodstore and associated 15 - 35 access, parking, landscaping and associate works access, parking, landscaping and associated other works on land at Mixed Use Development Site, Mitchell Way, Alexandria by Lidl Great Britain Limited. (b) DC23/046/FUL - Proposed change of use of vacant former gas 37 - 46 boilerhouse to form hot food takeaway with new shopfront and erection of flue at Former Gas Boilerhouse, Carson Road, Balloch, G83 8QG by Sava Estates. (c)/ Page 3
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(c) DC22/156/FUL - Relocation and reconfiguration of To Follow current car parking area, new employee vehicular entry and exit access routes from existing roundabout, relocated on-site lorry parking, rerouted internal access roads and associated works at Kilmalid, Stirling Road, Dumbarton G82 2SS by Chivas Brothers Ltd. 6 LOCAL LIVING AND 20 MINUTES NEIGHBOURHOODS 47 - 71 PLANNING GUIDANCE CONSULTATION Submit report by the Planning, Building Standards and Environmental Health Manager seeking agreement to submit a response to the Scottish Government consultation on Local Living and 20 Minute Neighbourhood draft planning guidance. Page 4
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PLANNING COMMITTEE At a Meeting of the Planning Committee held in Civic Space, 16 Church Street, Dumbarton, on Wednesday, 19 April 2023 at 10.01 a.m. Present: Councillors Karen Conaghan, Ian Dickson, Gurpreet Singh Johal, Daniel Lennie, June McKay, Lawrence O’Neill, Chris Pollock, Hazel Sorrell and Sophie Traynor. Attending: Pamela Clifford, Planning, Building Standards and Environmental Health Manager; Amanda Graham, Chief Officer – Citizen, Culture and Facilities; Alan Williamson, Team Leader, Development Planning and Place; James McColl, Development Management Team Leader; Michelle Lynn, Asset Coordinator; Amy Melkevic, Lead Planning Officer; Sarah Christie, Team Leader – Heritage and Arts; Stephen Daly, Citizen and Digital Manager; Ash Hamilton, Planning Officer; Nigel Ettles, Section Head – Litigation (Legal Officer); Eva Hutchison, Support Officer and Lynn Straker, Committee Officer. Also Attending: Robert Hay, Agent and Representative for Items 5b and 5c; Mr Kevin McVey, Applicant for Item 5b; Fiona and Stephen Lees, Objectors for Item 5b; Marc Gillies, Applicant for Item 5c; Ross and Lynsey Wallace, Objectors for Item 5c; Allan and Isobel Wilson, Objectors for Item 5c and Rose Harvie, Objector for Item 5c. Apology: An apology for absence was intimated on behalf of Provost Douglas McAllister. 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. Councillor Chris Pollock made a transparency statement in respect of planning application DC22/185/FUL. MINUTES OF PREVIOUS MEETING The Minutes of Meeting of the Planning Committee held on 15 March 2023 were submitted and approved as a correct record. ITEM 3 Page 5
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OPEN FORUM The Committee noted that no open forum questions had been submitted by members of the public. PLANNING APPLICATIONS Reports were submitted by the Planning, Building Standards and Environmental Health Manager in respect of the following Planning applications:- (a) DC22/222/FUL – Glencairn House, 95 High Street, Dumbarton, G82 1LF Formation of new public library and museum, external alterations including replacement shop windows, demolition of the rear existing extension, construction of a three storey new rear extension and construction of a separate single storey children's library at the end of Quay Pend. After discussion and having heard the Planning, Building Standards and Environmental Health Manager, the Development Management Team Leader, the Asset Coordinator and the Chief Officer – Citizen, Culture and Facilities in further explanation, and in answer to Members’ questions, the Committee agreed to grant planning permission and listed building consent subject to the conditions set out in Section 9 of the report, as detailed within Appendix 1 hereto. The Planning, Building Standards and Environmental Health Manager also agreed to discuss work done with the Roads and Neighbourhood team to assess required parking for the property and ensure suitable level of Disabled access to the building and for the Roads and Neighbourhood team to bring back a supplementary report to a future meeting of the Planning Committee detailing work done and findings. (b) DC22/129/FUL – Store at Dumbuck Old Quarry, Strowanswell Road, Dumbarton, G82 2QN. Proposed redevelopment of site of former quarry and garages / workshops to allow the introduction of three holiday letting lodges (with ancillary car parking). The Development Management Team Leader provided further explanation of the application and answered Members’ questions. The Committee then heard from the Objectors and the Applicant in respect of the application. After further discussion, the Committee agreed to grant planning permission subject to the conditions set out in Section 9 of the report, as detailed within Appendix 2 hereto. Page 6
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ADJOURNMENT The Chair adjourned the meeting for a short recess. The meeting reconvened at 11.09 a.m. with the Elected Members listed in the sederunt present. (c) DC22/185/FUL - Former Maryland Water Pumping Station, Garshake Road, Dumbarton. Change of use of ground for the siting of three holiday lodges including a waste water treatment plant and ancillary car parking (being a revised design from that approved under Planning Permission ref. DC21/096/FUL). The Development Management Team Leader provided further explanation of the application and answered Members’ questions. The Committee then heard from the Objectors, the Agent and, the Applicant in respect of the application. ADJOURNMENT The Chair adjourned the meeting for a short recess. The meeting reconvened at 1.00 p.m. with the Elected Members listed in the sederunt present. After further discussion of the application, and having heard additional information from the Planning, Building Standards and Environmental Health Manager and the Section Head – Litigation (Legal Officer) with regards to options for the decision of the application, the Committee agreed to continue consideration of the application to a future meeting of the Planning Committee for further information in respect of Water Mains access and disabled access to the site . Councillor O’Neill, Chair, noted that the report would be continued at a future meeting of the Planning Committee no later than September 2023 and the Planning team would update Objectors and ensure lines of communication were kept open regarding the continuation of the application. DUMBARTON TOWN CENTRE CONSERVATION AREA APPRAISAL A report was submitted by the Planning, Building Standards and Environmental Health Manager seeking approval of the finalised Dumbarton Town Centre Conservation Area Appraisal. After discussion and having heard the Team Leader - Development Planning and Place, in further explanation and in answer to Members’ questions, the Committee thanked the Team Leader – Development Planning and Place and their team for their excellent work on the Appraisal and agreed:- Page 7
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(1) to approve the finalised Dumbarton Town Centre Conservation Area Appraisal (Appendix 1 to the report) and note that it would be a material consideration in the determination of planning applications; (2) to agree that the buildings listed in paragraph 4.7- 4.9 of the report be suggested to Historic Environment Scotland as suitable for listing, or for alterations to their existing listing; and (3) to agree that further consideration be given to amending the Dumbarton Conservation Area boundary as part of the next Local Development Plan process. LEGAL OPINION REGARDING APPEAL DECISION DC22/049/MSC, FARM ROAD, DUNTOCHER A report was submitted by the Planning, Building Standards and Environmental Health Manager advising the Committee of legal advice received in respect of the appeal decision for the erection of 99 dwelling houses, formation of access landscaping, open space, SUDS and associated infrastructure at Farm Road, Duntocher, Clydebank. 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 to note that the legal advice received by the Council is that there are no grounds for challenging the appeal decision. The meeting closed at 1.14 p.m. Page 8
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APPENDIX 1 DC22/222/FUL – Glencairn House, 95 High Street, Dumbarton, G82 1LF Formation of new public library and museum, external alterations including replacement shop windows, demolition of the rear existing extension, construction of a three storey new rear extension and construction of a separate single storey children's library at the end of Quay Pend. GRANT planning permission subject to the following conditions:- 1. The bespoke, artist designed, turquoise/green glaze ceramic tile detailed as part of this application and submitted to the Planning Authority shall be used for the cladding of the extension and children’s library as detailed on the approved drawings. Samples of all other new external materials to be used on site shall be submitted to and approved in writing by the Planning Authority prior to the commencement of works on site. Works shall then proceed as approved. 2. No development shall take place within the development site as outlined in red on the approved Proposed Site Plan GLC-PPA-XX-R1-DR-A-1001 until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, and approved by the Planning Authority in consultation with the West of Scotland Archaeology Service. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recover of archaeological resources within the development site is undertake in agreement with the West of Scotland Archaeology Service. 3. 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 human 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. Page 9
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4. 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. 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. 5. 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. 6. 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. 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. 7. Unless otherwise approved in writing by this 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. 8. 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. Page 10
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9. 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 10. Notwithstanding the approved plans, prior to the replacement of the front shop windows being fitted, a final design which retains the existing glazing pattern shall be submitted to, and approved in writing by the Planning Authority in consultation with Historic Environment Scotland and implemented prior to the building being brought into use. Listed building consent DC22/223/LBC 1. The bespoke, artist designed, turquoise/green glaze ceramic tile detailed as part of this application and submitted to the Planning Authority shall be used for the cladding of the extension as detailed on the approved drawings. Samples of all other new external materials to be used on site shall be submitted to and approved in writing by the Planning Authority prior to the commencement of works on site. Works shall then proceed as approved. 2. Notwithstanding the approved plans, prior to the replacement of the front shop windows being fitted, a final design which retains the existing glazing pattern shall be submitted to, and approved in writing by the Planning Authority in consultation with Historic Environment Scotland and implemented prior to the building being brought into use. Page 11
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APPENDIX 2 DC22/129/FUL – Store at Dumbuck Old Quarry, Strowanswell Road, G82 2QN. Proposed redevelopment of site of former quarry and garages / workshops to allow the introduction of three holiday letting lodges (with ancillary car parking). GRANT planning permission subject to the following conditions:- 1. No individual shall reside in the approved tourist accommodation for in the approved tourist accommodation for more than 60 days in the calendar year. To this effect, a permanent log book shall be kept of all visitors who stay at the tourist accommodation for the lifetime of the development. This shall note the names and addresses of all of the visitors. The log book shall be made available for the perusal of the Council as Planning Authority if so requested. 2. Prior to the lodges hereby approved being first brought into use the lodge operator shall submit a Management Plan to the Planning Authority for their written approval. The Management Plan shall include details of day to day site management and maintenance and how potential noise and guest behaviour issues are to be dealt with should they arise. Thereafter, the site will operate in accordance with the approved Management Plan for the lifetime of the development unless otherwise agreed by the Planning Authority 3. Notwithstanding the approved drawing 02 - One Bedroom Lodge – Plan & Elevations, details of the materials and finishes of the two single bedroom lodges shall be submitted for the written approval of the Planning Authority and shall be implemented as approved. 4. The proposed car parking and access arrangements as shown on drawing no. 02 rev C shall be formed and available prior to the lodges hereby approved being first brought into use. The spaces and access arrangements shall thereafter be kept available for the lifetime of the development. 5. Prior to the commencement of development, full details of the surface and foul drainage shall be provided to the Planning Authority for written approval. Thereafter, the approved arrangements shall implemented prior to the lodges hereby approved being brought into use. The drainage arrangements shall thereafter be maintained for the lifetime of the development. For the avoidance of doubt, the arrangement will incorporate sustainable drainage arrangements (SuDS). Page 12
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6. Notwithstanding the details shown on drawing no. 02 rev C with respect to boundary planting and prior to the commencement of works on site, full details of both hard and soft landscape works shall be submitted to and approved in writing by the Planning Authority. Where appropriate these details shall include proposed finished and existing ground levels and contours, hard surfacing materials and lighting. Thereafter the approved details shall be fully implemented in accordance with the approved details within a timescale to be agreed by the Planning Authority. Any trees, shrubs or hedges planted in accordance with this condition which are removed, die, become severely damaged or become seriously diseased within five years of planting shall be replaced within the next planting season by trees, shrubs or hedging plants of similar size and species to those originally required to be planted. 7. No trees shall be lopped, topped, felled or otherwise removed from the site without the prior written approval of the Planning Authority. The recommendations made in Section 5.2 of the approved Preliminary Ecological Report shall be implemented as approved. 8. Notwithstanding the approved plans, public access to the path leading to Strowan’s Well accessed from Strowanswell Rd shall be maintained at all times unless otherwise agreed in writing by the Planning Authority. 9. (a) No development (other than investigative work) shall 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.ep-scotland.org.uk/wpcontent/ uploads/2019/09/ConLanDevGuide_12-Aug19-FINAL.pdf (b) If the Phase 1 investigation indicates any potential pollution linkages, a Conceptual Site Model shall 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. Page 13
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(c) 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 investigative works shall be carried out on site prior to receipt of the Planning Authority’s written approval of the remediation scheme. 10. Remediation of the site shall be carried out in accordance with the approved remediation scheme prior to the proposed development being brought into use. Any amendments to the approved remediation scheme shall not be implemented unless 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. 11. If the remediation plan requires it then a monitoring and maintenance scheme (including the monitoring of the long-term effectiveness of the proposed remediation) shall be submitted to and approved by the Planning Authority. Any actions/measures ongoing shall be implemented within an agreed timescale with the Planning Authority. 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 by the Planning Authority. 12. The presence of any previously un-encountered 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 affected area shall cease. At this stage, if requested by the Planning Authority, an investigation and risk assessment shall be undertaken and an amended remediation scheme shall be submitted to and approved by the Planning Authority prior to the recommencement of works in the affected area. The approved details shall be implemented as approved. 13. 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. 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. Page 14
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WEST DUNBARTONSHIRE COUNCIL Report by Planning, Building Standards and Environmental Health Manager Planning Committee: 14th June 2023 _____________________________________________________________ DC22/201/FUL: Erection of Class 1 foodstore and associated, access, parking, landscaping and associated other works on land at Mixed Use Development Site, Mitchell Way, Alexandria by Lidl Great Britain Limited 1. REASON FOR REPORT 1.1 The planning application, in the opinion of the appointed officer, raises new or significant issues and is also subject of an objection from the local Community Council. 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 This application relates to a site to the south of Mitchell Way and to the west of Bank Street in Alexandria. It measures approximately 1.3 hectares, formally housed a Citizens Advice Bureau building and now comprises of an area of car parking, amenity landscaping and a vacant building which accommodated flats and retail units. The site is also intersected by Church Street, which runs from the south-eastern corner of the site to roughly half way along the western boundary. 3.2 The site lies within Alexandria Town Centre as defined by the adopted Local Plan and proposed Local Development Plan 2. The surrounding area comprises a mix of uses, including retail, commercial, community and residential uses and vacant land. The Town Centre itself, which comprises a mix of retail, commercial and community uses, extends outwards from the site to the north-west, west, south and south-east. 3.3 Planning permission is sought for a foodstore with a gross internal area (GIA) of approximately 1896sqm contained within one building. The net sales area measures approximately 1251sqm with 1000sqm being utilised for convenience retail and 251sqm being for comparison retail. The foodstore building also includes 394sqm of warehouse floorspace which ITEM 5a Page 15
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comprises the main warehouse area, the internal delivery area, a chiller and freezer and a deposit return scheme (DRS) facility. The remainder of the floorspace is taken up by 251sqm of ancillary space, which includes a bakery, customer toilets, staff welfare facilities, employee office space, utility space and the entrance lobby associated with the foodstore. 3.4 The foodstore is proposed to be single storey in height with a shallow monopitch roof, reaching 6.7m in height at its highest point. Externally the building is a variant of the standard Lidl (who are the proposed occupiers) foodstore design which is used throughout the country. This includes a glazed elevation to the north of the building with the main glazed entrance located in the north eastern corner. Proposed material finishes and colours comprise aluminium cladding in a mixture of grey and white. Service access is on the eastern elevation at the most southern part of the site, with a plant area located on the rooftop close to the delivery bay in the southern section of the site. It is proposed that forty full time and part time jobs will be provided. 3.5 Vehicular access to the site will be taken via a new dedicated access point off Bank Street to the east of the site, leading to a parking area containing 132 parking spaces. Whilst it is acknowledged that the parking space numbers noted in submitted documents relating to the application vary, the proposed site plan shows the final arrangement to be implemented will provide for 132 spaces. Eight of these parking spaces will be accessible parking spaces, two will be rapid electric vehicle (EV) spaces and four are to be allocated to staff parking. Pedestrian access will be taken from multiple locations along both Bank Street and Mitchell Way. Cycle parking is also proposed to be provided within the car park, close to the north-west corner of the building. There is a dedicated service area proposed along the southern elevation of the store which will allow vehicles to load and upload directly into the warehouse area. 3.6 Soft and hard landscaping is proposed which will include the planting of 15 new trees, which will replace the 10 trees which are proposed for removal to facilitate the development. The trees will be located around most of the perimeter of the site with two new trees and a retained tree in the north-east corner of the site, a row of five trees along the boundary with the car park to the north-west and eight trees behind and alongside the foodstore building. The majority of the trees proposed on site will be sited in a bed of species rich flowering lawn and/or areas of naturalised bulb planting. The frontage of Bank Street along the eastern boundary of the site will also comprise a flowering lawn and bulb planting. Ornamental shrub planting is also proposed along the boundary with Mitchell Way and close to the vehicular entrance to the site. The hard landscaping will comprise asphalt car park aisles, with a mix of asphalt and permeable paved car parking bays. The pedestrianised walkways around the store building and at the Page 16
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access points close to the site boundary will be paved with paving stones. The delivery bay will be constructed of concrete. 3.7 A previous application for a larger site comprising a foodstore as well as 25 new flats and public realm enhancement was submitted in 2022. The application was withdrawn further to discussions with the Planning Service relating to the amenity value of ground floor flats within a pedestrianised street. 4. CONSULTATIONS 4.1 West Dunbartonshire Council Roads Service, Scottish Water and West of Scotland Archaeological Service have no objections to the proposed development. 4.2 West Dunbartonshire Council Environmental Health Service has no objection subject to conditions relating to lighting, noise, deliveries, piling, air quality, dust control measures and contaminated land. 4.3 West Dunbartonshire Council Biodiversity Officer welcomes the incorporation of the flowering lawn and the use of seed of local provenance is recommended. Further recommendations made in regard to species to be used for the proposed herbaceous planting and tree varieties as well as confirmation of trees to be removed sought. 5. REPRESENTATIONS 5.1 Four representations have been received in connection with the proposal. Three of these are in objection and are submitted on behalf of Alexandria Community Council, the local traders association and the Vale of Leven Trust respectively. The fourth representation from a nearby property owner supports the principle of the development but notes a concern regarding footpaths. The full details are contained within the planning file and are available for public viewing. However, the points raised can be summarised as follows: • Concern that the proposal as it is currently structured will affect footfall in Alexandria Town Centre, notably Mitchell Way and Main Street. • The proposed arrangement encourages shoppers to jump straight into their cars and go home. • Lidl is needed to bring footfall to the Main Street and the set up proposed will cut off Main Street. • Lidl should help improve Main Street and not create a barrier. Page 17
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• The Council originally identified the need for 10 smaller retail units as well as an anchor food store. This application removes all additional retail units and does not deliver on the Council’s strategy. • Consistent consultations carried out over the last 8 years by the Council and other community groups have constantly reflected that residents want increased retail offering not less. • The proposed location is not in the town centre but on the periphery of the far end of the town. This will be detrimental to the smaller independent shops that stretch to the fountain and beyond and is against Council’s IRED Committee’s own recommendations in Feb 2021 to have the store entrance in Mitchell Way. • Lidl carparks are time limited which results in fill and go shopping. This does not encourage shopping in the town. • There is a loss of Church Street access for the public. • All traffic is required to turn left and drive up to the fountain regardless of where their destination is. • Co-op HGV’s will have to access the Co-op via Church Street. • Road sweep of Church Street relies on Co-op vehicles turning right. • Lack of knowledge that very few people cycle on our roads. • Bus and train routes from Alexandria all access Dumbarton and are closer in distance to the Dumbarton Store than would be the case in Alexandria. • Pedestrian links do not follow desire paths. • The addition of Lidl will dilute current trade. • Questions about the offer of employment opportunities. The matters raised above are considered and addressed in Sections 6 and 7 below. 6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN National Planning Policy 4 6.1 National Planning Framework 4 (NPF4) was adopted by the Scottish Ministers on 13th of February 2023 and now forms part of the Development Plan. 6.2 Policy 1 relates to tackling the climate and nature crises and states that when considering all development proposals significant weight will be given to the global climate and nature crises. Policy 2 also relates to the climate in the form of climate mitigation and adaptation and states development proposals will be sited and designed to minimise lifecycle greenhouse gas emissions as far as possible and development proposals will be sited and designed to adapt to current and future risks from climate change. Policy 3 states that proposals for local development will include appropriate measures to conserve, restore and enhance biodiversity, in accordance with national and local guidance. The soft landscaping proposed includes retention of as many mature trees as possible with the addition of 15 new Page 18
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trees. Areas of flowering lawn, bulb planting and ornamental shrub are also proposed, which will add biodiversity value. Being within a central and accessible location, incorporating features such as photovoltaic panels, electric vehicle charging points and with the focus on enhancing biodiversity value as part of the landscaping, the proposal has considered both climate change and biodiversity in accordance with the policies. 6.3 Development proposals that will result in the sustainable reuse of brownfield land including vacant and derelict land and buildings, whether permanent or temporary, will be supported in accordance with Policy 9. Also in accordance with Policy 9 where land is known or suspected to be unstable or contaminated, development proposals will demonstrate that the land is, or can be made, safe and suitable for the proposed new use. The proposed site was previously the site of the Citizens Advice Bureau. It is also proposed to demolish existing life expired buildings of the southern side of Mitchell Way which is currently derelict flats and retail units which is partially on the proposed foodstore site. The proposal will bring these spaces back into use as supported by the policy. Policy 13 advises that development proposals for significant travel generating uses are not supported in locations which would increase reliance on the private car, taking into account the specific characteristics of the area. Development proposals also require to demonstrate that transport requirements generated have been considered in line with sustainable travel. Due to the town centre location the site is highly accessible by public transport with bus stops serving a range of destinations located directly along Bank Street and Alexandria Railway Station located 300m to the east of the site by foot. Cycle parking is also provided as are electric vehicle charging points. The proposal is acceptable with reference to Policy 13. 6.4 Policy 14 advises that development proposals will be designed to improve the quality of an area whether in urban or rural locations and regardless of scale. The development proposal is on a site of car parking and derelict retail units and flats. Whilst it is acknowledged that the design as well as the chosen external materials are similar in appearance to the other stores constructed by the applicant, there is an improvement to the quality of the area and the development seeks to incorporate features such as wildflower meadow planting together with new tree planting to enhance the visual quality of the environment. As such the proposal is in accordance with the policy. 6.5 Policy 15 states that development proposals will contribute to local living including, where relevant, 20 minute neighbourhoods. Local access to shopping is highlighted as part of the policy. The provision of a new store within an accessible town centre area provides an opportunity for shopping and as such contributes to local living in accordance with the policy. The Page 19
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Council’s 20 minute neighbourhood tool indicates there are approximately 1925 residences within a 10 minute walk (800 metres) of the proposed site. 6.6 Flood risk and water management is addressed in Policy 22. The SEPA flood risk maps show the area of the site where the store is proposed has no risk of flooding with only small areas of surface water flooding highlighted in the surrounding area. The proposed development is not in itself considered to exacerbate flooding. Development proposals that are likely to raise unacceptable noise issues will not be supported in accordance with Policy 23. A Noise Impact Assessment (NIA) was submitted as part of the application. The results indicated that there could be some disturbance to neighbouring residential properties if deliveries are undertaken during night time hours. In order to prevent any unacceptable noise at neighbouring properties it is recommended that a condition be applied to restrict delivery times to day time hours, those hours being between 7am and 11pm. Subject to appropriate conditions in respect of the above mitigation, the proposal complies with the policy. 6.7 Policy 27 relates to city, town, local and commercial centres. Development proposals that enhance and improve the vitality and viability of city, town and local centres, including proposals that increase the mix of uses, will be supported. The proposal provides a new foodstore within the designated town centre on a site that is currently, mostly used for parking after the demolition of a building. The proposal for a new foodstore will increase the vitality and viability of the town by increasing the retail offering. Proposals for uses that generate significant footfall including commercial uses will be supported in existing town and local centres. This is a development which is expected to generate footfall and being within a town centre location it is considered to be in accordance with Policy 27. 6.8 Policy 28 sets out criteria for the assessment of retail related development. Development proposals for retail will be consistent with the town centre first principle. This means that new retail proposals will be supported in existing city, town and local centres. The site for development is located within the town centre as identified in both the adopted Local Plan and proposed Local Development Plan 2 and is consistent with the town centre first approach. Development proposals for retail that are consistent with the sequential approach will be supported where the proposed development is of an appropriate scale for the location, will have an acceptable impact on the character and amenity of the area; and is located to best channel footfall and activity, to benefit the place as a whole. The store is an appropriate size for the location within the town centre of Alexandria and will have an acceptable impact of the character on the underused and partially derelict site. There are pedestrian links which will enable footfall and activity to and from the shop from Mitchell Way and Main Street beyond that. As such it is considered that the proposal complies with Policy 28. Page 20
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6.9 Overall, it is considered that the proposal is supported by and presents no conflict with the policies set out within NPF4 and is assessed fully in Section 7 below. West Dunbartonshire Local Plan 2010 6.10 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 in which it is located. Policy GD2 supports redevelopment opportunities and specifically identifies this site as suitable for a mix of uses of development including retail, residential and commercial uses. 6.11 Policy RET1 requires the adoption of a sequential approach to site selection for new retail development. The application site is located within a defined town centre, which is the first preference for new retail developments of this nature. Policy RET2 addresses major retail developments but as the proposal does not exceed 1000 square metres of convenience floorspace, an assessment against this policy is not required. Policy RET5 seeks to improve the environment of the town centres of Alexandria, Clydebank and Dumbarton. Policy RET6 states that within the designated town centres the Council will seek to protect and enhance the retail and commercial function by supporting the establishment of new retail uses where appropriate. 6.12 Policy H5 safeguards the character and amenity of existing residential areas. As outlined above there is the possibility of noise disturbance to neighbouring residential properties which can be addressed by condition. Subject to the condition being applied, the proposal complies with the policy. 6.13 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 Development Plan 2 (LDP2) Proposed Plan 7.1 On 15 March 2023, the Planning Committee took a decision that the Council would not adopt Local Development Plan 2. The Proposed Local Development Plan 2 (LDP2), incorporating the recommended modifications of the Examination Report received on 22 April 2020, which were accepted by the Planning Committee of 19 August 2020, remains the Council’s most up to date spatial strategy and is therefore afforded significant weight in the assessment and determination of planning applications, subject to compatibility with NPF4. The Scottish Ministers’ Direction relating to the adoption of LDP2, dated 18 December 2020, is also a material consideration. Page 21
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7.2 The application site forms part of Alexandria Town Centre and the Alexandria Town Centre Policy Statement applies. All new developments shall be in accordance with the Alexandria Town Centre Masterplan. In particular, the Plan will support a range of identified key projects and uses including a new food store of approximately 2,300sqm on a site extending south from Mitchell Way. The proposal is for a food store of a similar size and as such is in accordance with the policy. 7.3 Policy SC1 supports proposals for retail development in the network of centres which accord with the strategy, role and functions of centres. Town centres are the preferred location for all retail proposals. The proposed development complies with the requirements of Policy SC1. Policy SC2 supports a range of different uses where they help to improve the vibrancy of the Town Centre. As the proposal is for a foodstore it maintains the predominant ground floor use as shops and the proposal provides added value in service value, the shop will be open daily and has day to day contact with the public. Whilst the proposal is set back from Mitchell Way itself, the closest elevation is glazed and as active a “frontage” as possible has been created. As such it is considered that the proposal is in accordance with policy SC2. 7.4 Policy CP1 requires all development to contribute towards creating successful places by having regard to the six qualities of a successful place. The proposal demonstrates an understanding of the local context by siting a foodstore upon a site identified in the plan as a suitable location for such a development. Whilst the pattern of development has altered, the development takes account of site levels and responds to them. The proposal complies with policy CP1. 7.5 Policy H4 safeguards residential amenity and Policy ENV8 relates to noise pollution. As outlined above possible noise nuisance will dealt with by condition. 7.6 The proposal complies with the policies of the adopted Local Plan and is assessed fully in Section 7 below. Alexandria Town Centre Masterplan 2030 Vision – September 2021 7.7 The Alexandria Town Centre Masterplan is to provide a framework to guide land use, development and spatial interventions in Alexandria town centre and to deliver the policy aims set out in proposed Local Development Plan 2. In respect of the Mitchell Way area, the Masterplan recognises that the condition of the buildings on Mitchell Way are a major source of concern. Redevelopment proposals are set out including commercial and residential uses together with new public spaces. As part of this, the application site is identified in the Masterplan for a new foodstore and the submitted proposal Page 22
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reflects this. Whilst the wider redevelopment of Mitchell Way has not come forward as part of the submitted application, other applications can be submitted for individual elements identified in the Masterplan. The principle of the submitted proposal aligns with the Masterplan. Principle of Development 7.8 The development of the site for retail purposes is supported by the land use policies in the adopted and proposed plans as well as NPF4. In particular, within the proposed plan, the site is specifically noted as a foodstore opportunity under the Alexandria Town Centre Policy Statement and this aligns with the Alexandria Town Centre Masterplan. The addition of a major convenience store operator within the town centre is welcomed as it would offer wider retail choice as well as bringing with it employment opportunities and economic benefits to the area. Economic benefit 7.9 Any development of this nature will result in employment creation and will, overall, contribute to the local economy. In developing this site, the applicant indicates that 40 jobs, both full and part time, will be created with roles varying from shop floor to supervisory and managerial roles. The applicant also indicates that they have a policy of employing local people to the roles created and that the development is also expected to lead to further indirect and induced job creation from the additional job growth from the store staff feeding into the wider local economy. The development is also considered to have a potentially positive benefit to the vitality of the town centre by bringing people into the area and increasing activity. Whilst in the area, visitors to the foodstore may also visit other shops and services within the town centre. Overall, the development will result in significant investment in Alexandria Town Centre with the potential to act as a catalyst for the wider regeneration ambitions of the town centre. Design and Appearance 7.10 The site as existing has level differences with a slope and retaining wall, with the slope going from west to east across the site. The proposed building will be set against the retaining wall with an area of fill to the east to provide a flat area from the shop building to the service and parking areas. To the north of the site, there will be an area of cut in order create a level surface for the car park. The foodstore building is of a standard Lidl design with a shallow monopitch roof and a glazed elevation with the main glazed entrance located in the north eastern corner reaching 6.7m in height at its highest point. Proposed material finishes and colours comprise aluminium cladding in a mixture of grey and white. The design of the foodstore does not raise any visual amenity issues. Whilst a combination of asphalt and permeable surfaces have been noted as part of the application for the hard landscaping, no details of the material finishes of the permeable surface has been provided. Due to the scale of the car park, Page 23
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a mixture of materials is welcomed to break up visual appearance, however a condition is recommended to provide final details of proposed materials. Two sets of stairs are proposed from Mitchell Way with one set being “feature stairs” which provide an additional focal point feature within the public realm and provide for links between the new development and Mitchell Way. Landscaping and trees 7.11 A limited number of trees exist within the site, which provide additional interest within the landscaped areas and amenity grassland that bound the road infrastructure within this part of the town centre. The applicant has submitted a tree survey in support of the application although it is noted that a number of the trees highlighted are outwith the current application site and unaffected by the proposal. Some of the trees within the site are Ash trees affected by die back and given their limited lifespan, it is considered the appropriate course of action is to remove them. It is accepted that other trees are removed to accommodate the development. It is not considered that they are significant specimens and new tree planting is provided as part of the new development. Whilst the ratio of new trees being planted relative to trees being removed is below that recommended by the Council’s Biodiversity Officer (10 being removed and 15 being planted), it is considered that in the context of this site, the ratio is considered acceptable. A more significant early mature Norway Maple to the northern corner of the site is a prominent feature in the landscape and this is retained. Suitable protection measures during the work can be addressed by condition. 7.12 In terms of landscaping proposals, the Council and the applicant have worked together to improve the soft landscaping surrounding the foodstore. Currently, the proposed landscaping plan introduces tree planting, ornamental shrub planting, species rich flowering lawn as well as naturalising bulb planting and this is welcomed by the Council’s Biodiversity Officer. It has been noted by the Council’s Biodiversity Officer that the proposed seed mix has since been discontinued and as such a condition is recommended that details are submitted of the proposed seed mix which is of local provenance. Recommendations have also been made by the Council’s Biodiversity Officer regarding species of trees and hedges to be planted in order to increase the biodiversity value of the site. These requirements are covered via conditions. The addition of soft landscaping will provide two fold improvements of increased biodiversity to the site but also the softening of the appearance of the site, particularly as the existing site is bounded with a green area. It will also add interest to this town centre site. Accessibility, parking and the impact on the road network 7.13 Access, parking and the impact on the road network are fully assessed in the applicant’s Transport Statement. The town centre location means the Page 24
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site is highly accessible with good connections to the surrounding area including footpath network and nearby bus stops and train station. Whilst there are no dedicated cycle routes within the vicinity, the surrounding streets are generally subject to 30mph speed restrictions with many being residential in nature which provides opportunity for cycling. This ensures that the development is accessible by a variety of means and not reliant on the private car. The town centre location will also result in the opportunity for those shopping within the new foodstore to combine that trip with utilising other local facilities, thus reducing the number of potential journeys. 7.14 The site layout has been designed with pedestrian connections to the town centre with two direct accesses from the new development to Mitchell Way, one of which takes the form of a feature stairway which will promote pedestrian movement between the site and the town centre. Clear pedestrian routes are proposed through the car park to further facilitate safe pedestrian movement and a level connection to the existing footpath provides an alternative parallel barrier free route. Overall, this will ensure a development which integrates with the town centre and encourages those who are visiting the new foodstore to also use other town centre facilities and vice versa. 7.15 Despite the accessible location, it is accepted that there will be those who will travel to both the new foodstore and town centre in general by car. A car park of 132 spaces is proposed in association with the foodstore, for users who wish to travel by car. As is common place for similar foodstore developments, the car park will be time restricted. In this case, it is proposed that the car park will be covered by ANPR cameras and the submitted Transport Assessment sets out that the car park will be subject to a two hour maximum time limit for parking. The applicant advises that a parking time limit with associated camera monitoring is proposed due to the close proximity of the train station and to stop possibility of the car park being used in the way a park and ride car park would be. If this was to occur, this would potentially restrict parking opportunities for those shopping within the new foodstore and wider town centre. The applicant has indicated that the two hour limit is longer than that provided at similar foodstores. This includes the applicant’s store in both Dumbarton and other nearby towns where the time limit is shorter. In this instance it is considered that a three hour time period is provided this will provide a balance to enable shoppers to visit both the new foodstore together with other shops and amenities within the town centre of Alexandria but also be a deterrent against long stay parking. The time limit can be controlled via a condition. 7.16 Turning to the proposed vehicular access to the car park, this will be taken via a new road junction to Bank Street. Service vehicles will also enter via this new junction and travel through the car park to the dedicated service bay with swept path analysis being provided as part of the transport Page 25
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assessment to demonstrate that HGVs can safely access from the public road and through the car park without overrunning parking spaces to the service bay. The applicant indicates in the Transport Assessment that servicing will generally be undertaken outwith peak hours and if practical, outwith opening hours. It is also indicated that the proposed operator generally only require one service vehicle movement per day. Notwithstanding this, it remains that the servicing arrangement does have the potential to introduce HGVs into the car park which could conflict with customer vehicle and pedestrian moments. It is therefore considered appropriate to agree full details of the servicing arrangement via a delivery management plan to demonstrate how delivering and servicing will be undertaken in a safe manner and this can be addressed by condition. 7.17 The Council’s Roads Service are satisfied with the proposed development and associated parking arrangement. Sections of adopted road and footway will require to be stopped up to facilitate the development and this will be addressed via the relevant provisions in the Planning Legislation following the grant of planning permission. Residential amenity 7.18 Whilst the proposed location is situated within the town centre, there are also residential properties within the Town Centre. A Noise Impact Assessment has been submitted in support of the application which identifies that there is the possibility that deliveries could create an unacceptable noise impact on the nearest residential properties if they occur during night time hours. Through discussions with the noise consultant, environmental health and agent, it has been agreed that in order to prevent an unacceptable noise impact during the night time hours of 11pm to 7am a condition should be attached which prevents deliveries occurring during this time and these details will be considered in conjunction with the requirement for a delivery management plan as discussed in paragraph 7.16 above given the comments from the Transport Assessment. No other amenity concerns arise. Ecology and Biodiversity 7.19 The site is located within a town centre location and primarily comprises areas of hardsurface, amenity grassland, incidental trees and areas of low ground cover. The Council’s Biodiversity Officer raises no concerns regarding the potential impact on existing ecology or any particular species and it is accepted that the current site will have limited biodiversity value. Accordingly, it is not considered that an ecological appraisal is required to inform the assessment of the application. Nonetheless, there is the potential for nesting birds within the site and the requirement for a nesting bird check prior to any site clearance during the bird breeding season can be addressed by condition. As discussed above, the approach to the soft Page 26
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landscaping is supported by the Council’s Biodiversity Officer and this ensures an enhancement of future biodiversity on site. Ground Conditions 7.20 The Site Investigation Report states that the site has been used for various purposes including residential properties, commercial properties and car parking with several heavy industries including an iron foundry and print works note within 250m of the site in the past. The Council’s Environmental Health Section has no objection to the proposal and recommends that conditions are attached to ensure that any contamination on site is adequately addressed. The conditions would ensure that suitable remediation is undertaken and that the site is suitable for its intended use as a foodstore. Matters submitted in objection 7.21 Concerns have been raised that the proposal will affect footfall in the Town Centre however it is considered that the addition of further retail offerings will be a positive addition and increase footfall. Whilst the car park provided will be time limited, the applicant is proposing that the time limit is set to two hours. However in order to encourage shoppers to the foodstore to use the adjacent shops in the town centre it is recommended that this is increased to three hours by condition. Representations have been received about the location of the foodstore and creating a barrier to Main Street. However, this location has been a long established location for a foodstore, with links to Mitchell Way and then onto Main Street and is supported by the Alexandria Masterplan and Proposed Plan 2. One objection notes that the Council originally identified the need for 10 smaller retail units as well as the anchor foodstore. Whilst this is correct, this need was identified some time ago and did not account for the subsequent change in, and evolution of, shopping habits, particularly post pandemic, and the proposal aligns with the up-to-date strategy set out in the Alexandria Town Centre Masterplan. Furthermore, whilst the proposal as it sits does not include the additional 10 retail units, it does provide an increase in the retail offering. The location of the foodstore not being within the heart of the town centre has been noted, however, the site is centrally located and is within the defined town centre of both the adopted Local Plan and proposed Local Development Plan 2. Whilst the preference for a store frontage directly on to Mitchell Way is highlighted, the characteristics of the proposal and site levels have dictated the current layout which is considered acceptable. 7.22 Service access to adjacent retailers has been highlighted by the representations. The applicant’s transport assessment considers delivery vehicle access via Church Street to the existing Co-op loading bay at the rear of the Mitchell Way South Car Park and includes a swept path analysis for HGVs that highlight that appropriate delivery access for this unit remains. Page 27
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This is acceptable to the Council’s Roads Service and no representation has been received from the Co-op. Pre-Application Consultation 7.23 In 2017 and in 2019 Proposal of Application Notices were submitted for this site. PAN17/006 was for a mixed use development comprising of 1 large food retail unit, 10 small retail units and residential flats above. PAN19/003 was for a mixed use development comprising a retail foodstore, smaller retail units and residential apartments. Both included public meetings and local consultations for the proposals. The current application is a local development and did not itself require the submission of a Proposal of Application Notice. The site was also subject to a previous planning application (DC22/011/FUL) for the erection of retail foodstore and 25no. flats, including access, landscaping, car parking and public realm enhancements and this application was withdrawn following amenity issues with ground floor flatted units. 8. CONCLUSION 8.1 The site is within the town centre as defined by the adopted Local Plan and proposed Local Development Plan 2 and accords with the Alexandria Town Centre Masterplan. The construction of new foodstore within Alexandria Town Centre would be beneficial to retail choice and employment. Whilst the design of the unit is a standard Lidl foodstore, it will bring activity back within this part of Alexandria town centre. Subject to the conditions set out below, there will be enhanced biodiversity on the site, and no unacceptable noise issues will be created. The proposed car park is considered to provide an acceptable level of parking for the store itself, but will provide additional car parking for the town centre encouraging shoppers to use other shops and cafes in the town centre. 9. CONDITIONS 1. Prior to the commencement of development on site, all external materials of the building, hard surfaces, fencing and walls shall be submitted for the further written approval of the Planning Authority and shall thereafter be completed in accordance with the approved details. 2. Prior to the commencement of development on site, details of the design and location of the bin stores, cycle storage, feature stairway, street furniture, trolley parking and lighting shall be submitted for the further written approval of the Planning Authority and shall be implemented as approved. The development shall thereafter be completed in accordance with the approved details prior to any of the foodstore becoming operational. Page 28
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3. No development (other than investigative works) shall commence on site until such time as a updated detailed report on the nature and extent of any contamination of the site has been submitted to and approved in writing by the Planning Authority. The report shall be prepared by a suitably qualified person and shall include the following: a) A detailed site investigation identifying the extent, scale and nature of contamination on the site (irrespective of whether this contamination originates on the site) b) An assessment of the potential risks (where applicable) to: • human health • property (existing and proposed), including buildings, crops, livestock, pets, woodland and service lines and pipes • groundwater and surface waters • ecological systems • archaeological sites and ancient monuments c) An appraisal of remedial options, including a detailed remediation strategy based on the preferred option. 4. 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 human 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. 5. 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. 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 Planning Authority to protect public. 6. The presence of any previously unencountered 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 affected area shall Page 29
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cease. At this stage, if requested by the Planning Authority, an investigation and risk assessment shall be undertaken and an amended remediation scheme shall be submitted to and approved by the Planning Authority prior to the recommencement of works in the affected area. The approved details shall be implemented as approved. 7. If the remediation plan requires it then a monitoring and maintenance scheme (including the monitoring of the long-term effectiveness of the proposed remediation) shall be submitted to and approved by the Planning Authority. Any actions/measures ongoing shall be implemented within an agreed timescale with the Planning Authority. 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 by the Planning Authority. 8. 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 used. 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. On completion of the works and at a time and or phasing agreed by the Planning Authority, the developer shall submit a verification report containing details of the source of the material and appropriate test results to demonstrate its suitability for use. 9. Prior to the commencement of development on site, a Delivery Management Plan shall be submitted to and approved in writing by the Planning Authority. Deliveries to the foodstore shall only occur between the hours of 0700 hours and 2300 hours. All deliveries and other servicing of the site shall then be undertaken in accordance with the approved Delivery Management Plan at all times thereafter. 10. The development including all plant/equipment and noise mitigation measures shall be completed/installed and retained in accordance with the EEC Noise Impact Assessment Version 3 Ref: EEC/EC18745-7 (27 April 2023). On completion of development and before the proposed retail unit is brought into use the applicant shall have a third party independent verifier submit a verification report to the Planning Authority, that shall demonstrate Page 30
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compliance with the projections as detailed within the Noise Impact Assessment V3 are reliable and meet the requirements. 11. Nothwithstanding the submitted information and prior to the commencement of development on site, details of the odour control measures of the bakery element of the foodstore in terms of ventilation, odour filtration and discharge location shall be submitted to and approved by the Planning Authority and shall be implemented before the bakery is brought into use and maintained thereafter. 12. 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 sources upon nearby residential properties and other 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. 13. 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 14. 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: 1992 ‘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. 15. No commercial vehicle making deliveries to or collecting material from the development shall enter or leave the site before 08:00 or after 18:00. 16. Prior to the commencement of development on site an air quality impact assessment shall be submitted to and approved by the Planning Authority. Page 31
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The report should use a method based on the principles set out in the Environmental Protection UK document Development Control: Planning for Air Quality (2010 Update), Scottish Government publication “Local Air Quality Management Technical Guidance LAQM.TG(09)”, and “Delivering Cleaner Air for Scotland -Guidance from Environmental Protection Scotland and the Royal Town Planning Institute Scotland, January 2017”. The recommendations of the assessment shall be implemented prior to the development commencing on site or within a timescale agreed by the Planning Authority. 17. 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 the Planning 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 the Planning Authority. 18. Prior to the commencement of development on the site details of an adequate sized grease trap shall be submitted to and approved by the Planning Authority and shall be installed as approved and maintained thereafter. 19. Details for the storage and the collection of waste arising from the proposed foodstore shall be submitted to and approved in writing by the Planning Authority. The agreed details shall be in place prior to the foodstore being brought into use and thereafter be maintained. 20. The approved hard and soft landscaping scheme shall be fully implemented prior to the opening of the foodstore hereby permitted unless an alternative timescale for implementation is first agreed in writing by the Planning Authority. 21. Notwithstanding condition 20 above and prior to the commencement of development on site, details of the seed mix to be used for the proposed flowering lawn, subsoil mix and species of herbaceous planting shall be submitted to, and approved in writing by the Planning Authority. The proposed seed mix shall be of local provenance with native flowers. Thereafter the approved mix shall be used upon the site. 22. Notwithstanding the landscaping plan and condition 20 above, Prunus avium shall be used rather than Prunus avium ‘plena’. Page 32
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23. Prior to the commencement of development on site, full details of maintenance and management for the approved landscaping areas shall be submitted to and approved in writing by the Planning Authority. Management and maintenance of the landscaping areas shall commence upon completion of the landscaping areas and any dead trees and plants shall be replaced and the landscaped areas shall remain free of litter. 24. The foodstore shall not be brought into use until the vehicle parking spaces associated with it have been provided within the site in accordance with the approved plans. The spaces shall thereafter be kept available for parking at all times. 25. Notwithstanding the submitted details, the approved car park will allow for free and unrestricted parking by car park users for a minimum period of three hours. 26. No site clearance works shall be undertaken during the bird nesting season March to 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 development on site, the methodology and findings of which shall be submitted to and approved by the Planning Authority. 27. Tree 2128 as identified in the Tree Survey BS5837:2012 dated January 2022 shall be retained and prior to the commencement of development on site, tree protection measures for this tree shall be erected in accordance with British Standards Recommendations for trees in relation to construction, currently BS 5837:2012 and shall not be removed during the course of any construction works on site. 28. Prior to the commencement of development on site, full details of the foul and surface water drainage system shall be submitted for the written approval of the Planning Authority. The drainage system shall incorporate the principles of Sustainable Drainage Systems (SuDS) within its design, and thereafter shall be implemented prior to the occupation of the foodstore hereby permitted. 29. 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. 30. Notwithstanding the submitted details, any advertisements on buildings and within the curtilage of the site will require advertisement consent. Page 33
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Pamela Clifford Planning, Building Standards and Environmental Health Manager Date: 14th June 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. Consultation responses; 3. Representations; 3. National Planning Framework 4 4. West Dunbartonshire Local Plan 2010; 6. West Dunbartonshire Local Development Plan Proposed Plan; 7. Alexandria Town Centre MasterPlan September 2021. Wards affected: Ward 2 (Leven) Page 34
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¯ Reproduced by permission of Ordnance Survey on behalf of HMSO. (C) Crown copyright and database right 30/05/2023. All rights reserved. West Dunbartonshire OS Licence Number 100020790. Scale: 1:1,250@A430/05/2023 DC22/201/FULWest Dunbartonshire Council 16 Church Street Dumbarton G82 1QL I T E M 5 a A P P E N D I X 1 Page 35
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WEST DUNBARTONSHIRE COUNCIL Report by Planning, Building Standards and Environmental Health Manager Planning Committee: 14th June 2023 _____________________________________________________________ DC23/046/FUL: Proposed change of use of existing vacant former gas boilerhouse to form hot food takeaway with new shopfront and erection of flue at former Boilerhouse, Carson Road, Balloch by Sava Estates 1. REASON FOR REPORT 1.1 The application has been subject of a substantial body of objection. Under the terms of the approved Scheme of Delegation, it therefore requires to be determined by the Planning Committee. 2. RECOMMENDATION 2.1 Refuse planning permission for the reasons set out in Section 9. 3. DEVELOPMENT DETAILS 3.1 The application relates to a vacant building situated on the western side of Carson Road in Balloch, which was formerly used as a boilerhouse with associated oil storage. The building has a floor area of approximately 79sqm and extends to a height similar to that of the adjacent two storey houses, with a sloping rood finished in weathered concrete tiles. The building is of masonry construction with the walls finished externally in grey roughcast. Access is via a set of double doors on the front elevation. The building sits on a wider site of approximately 102sqm, with a small fenced compound adjacent to the northern elevation and an area of hardstanding to the front. 3.2 The application site is located within an established residential area with two storey terraced housing surrounding the site in all directions. The residential properties on Carson Road are formed in a cul-de-sac layout, with no through road access. 3.3 It is proposed to change the use of the building to a hot food takeaway, with opening hours anticipated to be 10am -10pm seven days a week. To facilitate the change of use, it is further proposed to: • Install an aluminium shopfront with a double set of doors and two windows, to be fitted colour grey with concrete cill below. • Install a zinc-plated mild steel extraction flue to the rear elevation, terminating 1 metre above the highest point of the roof, approximately 9.9m above ground level. • Store refuse waste within a dedicated facility located within the premises. ITEM 5b Page 37
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4. CONSULTATIONS 4.1 West Dunbartonshire Council Roads Service advised that five off-street parking spaces would be required. It was noted that the proposal could not be supported if the parking requirement was not met. 4.2 West Dunbartonshire Council Environmental Health Service raised no objection subject to five conditions covering ventilation, noise, vibration, construction hours, delivery times, grease traps/interceptors and waste disposal. 5. REPRESENTATIONS 5.1 105 objections were received from local residents (some of whom have forwarded multiple submissions) together with a ward Councillor. The detail of each representation is available for public viewing in the electronic planning file for the application. The concerns raised in the objections can, however, be summarised as follows: Visual Impact • Adverse effects on the visual appearance of the local area. • Addition of shop frontage/sign, outside seating and lighting would be inappropriate for this residential location. Residential Amenity • The increase in traffic, along with fumes from the operation of the hot food takeaway, would result in air pollution and pose a health risk. • Increased noise generated from additional traffic, deliveries and customers would adversely impact local amenity. • Concerned that the proposal would lead to anti-social behaviour. • Contrary to Local Plan Policy H4 on Residential Amenity. Access and Parking • Increased traffic would pose a safety risk to local residents, particularly children. • Insufficient parking provision would adversely affect existing residential parking in the local area and could lead to disputes between residents and customers. • Concerned that increased traffic would make it more difficult for emergency vehicles to access the local area. • No through road. Other Issues • No requirement for a hot food takeaway in this location as there are already a sufficient number/over provision within walking distance of the site. • Other more suitable vacant units are available in the surrounding area. • Site has never been used for commercial use. • Would devalue house prices. • Site is too small to accommodate a hot food takeaway. • No social or economic benefit to residents. Page 38
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• Not economically viable. • Does not promote healthy lifestyles. • Close proximity to Balloch campus could have adverse effects on health, safety and well-being of pupils, who may use the premises for lunch or after school. • Potential fire safety issue as only one entrance/exit is proposed. • Could/would exacerbate existing drain blockages in the local area through grease or oils discharges. • No outside storage for waste oils/flammables. • Alteration of the building could pose a health risk as it is known to contain asbestos. The points and concerns raised are considered in Section 7 below 6 ASSESSMENT AGAINST THE DEVELOPMENT PLAN National Planning Framework 4 (NPF4) 6.1 The National Planning Framework 4 (NPF) 4 was adopted by the Scottish Ministers on 13th of February 2023 and now forms part of the Development Plan. 6.2 Policy 1 aims to tackle the climate and nature crises by requiring that significant weight be given to these issues when considering all development proposals. Policy 2 relates to the climate in the form of climate mitigation and adaptation, while Policy 3 seeks to protect biodiversity, reverse biodiversity loss, and deliver positive effects from development and strengthen nature networks. Overall, the proposal re-uses an existing structure as part of the development and, as such, the embodied energy of the structure remains. It is considered that the nature and small scale of development proposed would have a neutral effect in respect of Policies 1, 2 and 3. 6.3 Policy 9 aims to facilitate the reuse of brownfield, vacant and derelict land and empty buildings, with criterion (d) noting that proposals for the reuse of existing buildings will be supported, taking into account their suitability for conversion to other uses. While the proposal would re-use a vacant building which is supported by the Policy, in taking account of the suitability for conversion to a hot food takeaway use, it is considered that such a use is not a suitable within a well- established residential as it would adversely impact residential amenity, visual amenity and local character, which are discussed further in Section 7 below. As such, the proposal cannot be considered to be supported by the above Policy. 6.4 Policy 14 aims to promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the place principle. Criterion (d) states that proposals which are detrimental to the amenity of the surrounding area or inconsistent with the six qualities of successful places will not be supported. With the application site being located in a well-established residential area with no other shops or similar uses in the immediate vicinity, it is considered that the introduction of a galvanised steel flue on the rear elevation and a shop front would be incongruous and thereby adversely impact local character and visual amenity. The proposal would also have significant adverse effects on residential amenity due to the noise, activity and general disturbance associated Page 39
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with this type of development. These issues are discussed in detail in Section 7 below. In light of the above, the proposal is not supported by this Policy. 6.5 Policy 23 aims to protect people and places from environmental harm, with criterion (e) advising that development proposals which are likely to raise unacceptable noise issues will not be supported. The proposal is considered unacceptable with reference to this policy because, as detailed in Section 7 below, the increased noise associated with a hot food takeaway, including that generated by additional traffic, vehicles revving and idling, car doors closing, in-car entertainment systems and patrons talking, would have significant adverse effects on residential amenity. 6.6 Policy 27 seeks to promote and facilitate development in our city and town centres. Criterion (b) notes that uses which will generate significant footfall, including commercial uses, will not be supported outwith city, town and local centres unless a town centre first assessment demonstrates that the proposal cannot be accommodated in a centre location or would have no significant adverse effect on the vitality and viability of centres in the area. The proposed hot food takeaway will have a gross floor area of around 79 square metres and whilst the new use will generate footfall, with the small scale of the proposed facility, this footfall will not be significant. Small scale facilities such as proposed will also likely serve a local catchment. Accordingly, it is not considered that a sequential approach to site selection is required in this instance. 6.7 Having assessed the proposal with reference to NPF4, it is not considered acceptable with reference to Policies 9, 14 and 23 West Dunbartonshire Adopted Local Plan 2010 6.8 Policy RET1 advises that new retail, commercial leisure, public service developments and other key town centre uses should adopt a sequential approach to site selection or change or use proposals, in the order of (1) Town Centre sites; (2) Edge of Town Centre sites; (3) Commercial Centre sites; (4) Out of centre sites. Policy 27 of NPF4 takes primacy in respect to the sequential approach to site selection and given this is a small scale proposal which will not generate significant footfall, a sequential approach to site selection is not required in this instance. 6.9 Policy H5 aims to safeguard and, where possible, enhance the character and amenity of existing residential areas identified on the Proposals map. The Policy notes that non-residential uses could be supported if they can be considered ancillary or complimentary to the residential area and would not result in a significant loss of amenity to surrounding properties, in terms of increased traffic, noise, vibration, smell, artificial light, litter hours of operation and general disturbance. The application site is located within an established residential area and has not previously been occupied for a commercial use. Further to the assessment in Section 7 below, it is considered that the proposed hot food takeaway would have significant adverse effects on residential amenity. In light of this, the proposal is not supported by Policy H5. 6.10 Policy GD1 seeks to ensure that all new development enhances the Plan area and environmental quality in general through an emphasis on high quality design. Proposals are required to meet a number of criteria, including the need to be Page 40
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appropriate to the local area in terms of land use and layout and design; be energy efficient and meet the roads, parking and access requirements of the Council. As set out in Section 7 below, the proposed use would have significant adverse effects on residential amenity, while the external alterations would be an incongruous addition which would impact character and visual amenity. The proposal also fails to provide the five off-street parking spaces which are specifically highlighted as being required in the consultation response from the Council’s Roads Service as being required for this type of development. The proposal is therefore not supported with reference to this policy. 6.11 Having assessed the proposal with reference to the adopted Local Plan, it is not considered acceptable with reference to Policies H5 and GD1. 7. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS West Dunbartonshire Local Plan (LDP2) Proposed Plan 7.1 On 15 March 2023, the Planning Committee took a decision that the Council would not adopt Local Development Plan 2. The Proposed Local Development Plan 2 (LDP2), incorporating the recommended modifications of the Examination Report received on 22 April 2020, which were accepted by the Planning Committee of 19 August 2020, remains the Council’s most up to date spatial strategy and is therefore afforded significant weight in the assessment and determination of planning applications, subject to compatibility with NPF4. The Scottish Ministers’ Direction relating to the adoption of LDP2, dated 18 December 2020, is also a material consideration. 7.2 Policy SC1 requires the siting of retail, commercial and leisure investment, and other key Town Centres uses, to align with the sequential approach identified and the preferred locations for Town Centre Uses set out in Table 5. It is noted that Table 5 specifically directs hot food takeaways to non-core Town Centre Areas. Following the sequential approach, hot food takeaways should therefore be located first in Non-Core Town Centre Areas and then; Edge of Town Centre Commercial Centres; Edge of Town Centre sites and; Out of Town Centre sites which are accessible by public transport. However, Policy 27 of NPF4 takes primacy in respect to the sequential approach to site selection and given this is a small scale proposal which will not generate significant footfall, a sequential approach to site selection is not required in this instance. 7.3 Policy CP1 requires new development to take a design-led approach to creating sustainable places, which put the needs of people first and demonstrates the six qualities of successful places. As set out in the thematic sections below, the proposal would have significant adverse effects on residential amenity, visual amenity and local character. In light of this, the proposal does not align with six qualities of successful places and is therefore not considered acceptable with reference to this policy. 7.4 Policy H4 aims to protect, preserve and enhance the residential character and amenity of existing residential areas, including a presumption against the establishment of non-residential uses within, or in close proximity of residential areas which would potentially have detrimental effects on local amenity or which cause unacceptable disturbance to local residents. Further to the detailed Page 41
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assessment set out below, the location of a hot food takeaway in this residential area would have significant adverse effects on amenity. The proposal is therefore not supported by the above Policy. 7.5 Having assessed the proposal with reference to proposed Local Development Plan 2, it is not considered acceptable with reference to Policies CP1 and H4. Principle of Development 7.6 The proposed hot food takeaway will have a gross floor area of around 79 square metres and whilst the new use will generate footfall, with the small scale of the proposed facility, this footfall will not be significant. Small scale facilities such as proposed in this case will also likely serve a local catchment. Accordingly, it is not considered that a sequential approach to site selection is required in this instance. However, whilst there may be no policy reason which suggests the principle of a local facility to serve a local catchment would be unacceptable, a full assessment of all material considerations would be required to determine acceptability of this particular use at this location. Design, Appearance and Visual Amenity 7.7 The proposed shopfront comprising new grey aluminium framed windows and doors is not considered to have a significant visual impact in the context of the existing building. However, the proposed galvanised steel flue which is positioned above the highest part of the existing roof will be a very prominent addition. Such flues are more typically found within town or commercial centres where a variety of buildings and uses exist. In this case, the flue would be an isolated and prominent feature situated to the highest part of the building. The flue will also be above the roof height of surrounding residential properties, exacerbating its visual impact within the established streetscape. It is thus considered that the flue would represent an incongruous and unacceptably dominant addition to a well- established residential area, to the detriment of the character and appearance of the area. Roads, access and parking 7.8 In considering roads, access and parking, the assessment is principally guided by the consultation response from the Council’s Roads Service. With regard to parking, the response from the Roads Service noted that five off-street parking spaces would be required and that the proposal could not be supported if this requirement was not met. Whilst a small forecourt is included within the application site, the dimensions of this would not allow the creation of the required off-street parking. The proposal therefore does not meet the Council’s parking requirement. A significant number of objectors were concerned that the increased traffic generated by the proposal and the particular characteristics of Carson Road would pose a road safety risk, particularly to local children, and make it more difficult for emergency vehicles to gain access to the area. Whilst the consultation response from the Council’s Roads service did not raise any concerns specifically with respect to these issues, it is accepted that the proposed use would lead to an increase in traffic within the local area. The failure to provide any dedicated parking for the development in line with the requirements highlighted by the Roads Service would have the potential to lead to additional congestion within what is a heavily parked residential area. Page 42
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Residential Amenity 7.9 The cooking odours generated from hot food takeaways can be detrimental to residential amenity. As the application site is located with an established residential area with housing on all sides, including a house immediately to the south and rear gardens immediately to the west. Subject to the imposition of a variety of conditions to ensure the provision and implementation of a suitable ventilation and extraction system for cooking odours, the Council’s Environmental Health Service offer no objections to the proposal on the grounds of odour nuisance. Environmental Health also recommend conditions to control potential noise from any ventilation system and deliveries to the premises, and these matters alone could be addressed by condition if required. 7.10 Notwithstanding the consultation response from Environmental Health, wider concerns arise from a noise perspective in relation to the operation of such a use in close proximity to residential properties. The very nature of hot food takeaway uses often result in evening and night time activity, as in the case here with opening hours indicated to be until 10pm, 7 days a week. The existing area is residential in character and it is inevitable that the proposed use will bring additional pedestrian and vehicular movements into the area. Such a use at this location will result in a significantly increase in existing noise levels by way of additional traffic, vehicles revving and idling, car doors closing, in-car entertainment systems, and patrons talking. Due to the very close proximity of neighbouring residential properties and the lack of any dedicated parking which will result in on-street parking and associated activity occurring directly outside neighbouring properties. These effects would be amplified by the fact that hot food takeaways are often busiest in the evening and at night. 7.11 Overall, it is considered that the degree of additional noise, activity and disturbance the proposal would introduce, particularly late into the evening, would have significant adverse effects on residential amenity. Other Matters raised in representations 7.12 A variety of other issues have been raised in the objections received which have not already been assessed above. While it was highlighted that the increase in traffic, along with fumes from the operation of the hot food takeaway, would result in air pollution and pose a health risk, it is noted that the consultation response from the Environmental Health Service did not raise any such concerns. It would therefore be inappropriate to refuse permission on this basis. It was noted that there is no need/demand for the proposal in this location as there is sufficient provision within walking distance of the site, that the application site is too small for the proposed use and the proposal is not economically viable. These are commercial matters for the applicant, with the role of planning being to determine whether the proposed use and external alterations are appropriate in this residential location and what impact the proposal would have on town centre vitality and viability. 7.13 It was highlighted that the proposal could/would exacerbate existing drain blockages in the local area through grease or oils discharges and that no outside storage is provided for waste oils or flammables. These issues are addressed in the consultation response from the Environmental Health Service, which requested that, in the event that planning permission is granted, a condition be Page 43
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attached to ensure that waste oil, grease and fat from the premises do not cause damage to the public sewer in the interests of public health and amenity. 7.14 The objections highlight a view that the proposal would provide no social or economic benefits to local residents. While it is considered that the proposal would generate a very limited degree of economic activity in the area, it is certainly the case that the adverse social impacts detailed above, with respect to residential amenity, far outweigh any economic benefits. Concern is also raised that a hot food takeaway would not promote healthy lifestyles and could adversely affect the health and well-being of pupils at the nearby Balloch campus. Although the proposal is for a hot food takeaway, it is noted that no specific information has been provided on the type of food to be sold and it is not considered that this point can be a determining factor in this instance. While there is concern that the proposal would devalue house prices in the local area, house prices are not a material planning consideration and therefore do not form part of this assessment. 7.15 It is highlighted that the single entrance/exit and the suspected presence of asbestos pose fire safety and health risks. These are not planning matters. It is noted that concerns are raised with respect to littering and anti-social behaviour. These concerns must be treated as speculative in nature as no evidence has been provided to support the view that such effects would worse as a direct result of the proposal. Finally, while concern is raised regarding potential the impacts of signage and outdoor seating, it is noted that neither are proposed in the application. 8. CONCLUSION 8.1 The application site lies within a residential area and the proposed hot food takeaway has the potential to adversely impact on adjacent residents by way of activity and disturbance, including into the evening. The proposal fails to provide any dedicated parking and this would have the potential to lead to additional congestion within what is a heavily parked residential area. The proposed flue by virtue of its design and position on the building would also be unacceptably dominant to the detriment of the character and appearance of the area. The proposal is therefore not acceptable with reference to Policies 9, 14 and 23 of NPF4, Policies H5 and GD1 of the adopted West Dunbartonshire Local Plan, and Policies, CP1 and H4 of the proposed West Dunbartonshire Local Development Plan 2. 9. REASONS FOR REFUSAL 1. The proposed hot food takeaway would result in the introduction of a use that would be out of character with the surrounding area and would have a detrimental effect on residents living adjacent to the premises in terms of noise and activity, including into the eventing. It is therefore incompatible with adjacent residential properties and is contrary to Policies 9 and 23 of National Planning Framework 4 Policy H5 of the adopted West Dunbartonshire Local Plan and Policy H4 of proposed West Dunbartonshire Local Development Plan 2. 2. The visual impact from the design of the flue together with the proposed use do not respond to the locality and cannot be held to reflect the six qualities of Page 44
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successful places, with respect to character, visual amenity and residential amenity. The proposal is not supported by Policy 14 of National Planning Framework 4, Policy GD 1 of the adopted West Dunbartonshire Local Plan and Policy CP1 of the proposed West Dunbartonshire Local Development Plan 2. 3. The proposal fails to provide any dedicated parking and this would have the potential to lead to additional congestion within what is a heavily parked residential area to the detriment of road safety. The proposal is therefore not supported by Policy GD1 of the adopted West Dunbartonshire Local Plan. Pamela Clifford Planning, Building Standards and Environmental Health Manager Date: 14th June 2023 Person to Contact: Pamela Clifford, Planning & Building Standards Manager Email: Pamela.Clifford@west-dunbarton.gov.uk Appendix: Location Plan Background Papers: 1. Application form and plans 2. National Planning Framework 4 3. West Dunbartonshire Local Plan 2010 4. Proposed West Dunbartonshire Local Development Plan 2 2020, as amended 5. Consultation responses 6. Representations Wards affected: Ward 1 - Lomond Page 45
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¯ Reproduced by permission of Ordnance Survey on behalf of HMSO. (C) Crown copyright and database right 30/05/2023. All rights reserved. West Dunbartonshire OS Licence Number 100020790. Scale: 1:1,250@A430/05/2023 DC23/046/FULWest Dunbartonshire Council 16 Church Street Dumbarton G82 1QL I T E M 5 b A P P E N D I X 1 Page 46
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WEST DUNBARTONSHIRE COUNCIL Report by Planning, Building Standards and Environmental Health Manager Planning Committee: 14th June 2023 _____________________________________________________________ Subject: Local Living and 20 Minute Neighbourhoods Planning Guidance Consultation 1. Purpose 1.1 To seek the agreement of the Committee to submit a response to the Scottish Government consultation on Local Living and 20 Minute Neighbourhood draft planning guidance. 2. Recommendations 2.1 It is recommended that the Committee agree the proposed Council response set out in Appendix 1. 3. Background 3.1 The Planning (Scotland) Act 2019 has introduced changes to the planning policy framework and development planning system in Scotland. The new National Planning Framework (NPF4) embeds local living and 20 minute neighbourhood approaches within planning policy “to enable people to meet the majority of their daily needs within a reasonable distance of their home.” This approach is now part of the development plan, must be included within the next local development plan for West Dunbartonshire and is a material consideration for the assessment of planning applications. 3.2 The Scottish Government published draft guidance on Local Living and 20 Minute Neighbourhoods on 27th April 2023. The purpose of the guidance is to provide further detail on the NPF4 policy framework. It is intended to support planning authorities, communities, the development industry and others in preparation of local development plans, local place plans and to support planning decision making. Responses are to be submitted by 20 July 2023. ITEM 6 Page 47
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4. Main Issues Draft Local Living and 20 Minute Neighbourhood Guidance 4.1 The Draft Local Living and 20 Minute Neighbourhood Guidance is split into four main parts. Part 1 sets out the benefits of local living and 20 minute neighbourhoods; the policy context; the place context as well as the rural and island context. Local living and 20 minute neighbourhoods approaches are expected to have benefits for climate and environment; health and wellbeing; local economy; and quality of life. This part of the guidance explains the role that local living and 20 minute neighbourhoods have as part of the reformed planning system and explaining that this role is embedded within Scottish Government strategic documents, such as the Programme for Government and Place Principle. 4.2 Part 2 explains “What Local Living Looks Like” in a Scottish context. The guidance presents a Local Living Framework, based on the Place Standard tool, to provide a consistent structure to consider local living and daily needs within a place. This framework presents 14 key themes, grouped into 5 categories: Movement, Space, Resources, Civic and Stewardship. Key considerations for each of the 14 themes are presented to provide detail on the important issues that should be considered in order to deliver successful local living. Further detail on the Local Living Framework is provided in Annex A of the guidance. 4.3 Part 3 looks at “Ways to Support Local Living and 20 Minute Neighbourhoods.” This part sets out a structured approach to delivering local living, three steps are recommended: 1. Understand context - understanding the context of the place through the use of quantitative and qualitative information. 2. Collaborate, plan, design - developing collaborative models of working to inform place-based planning and design processes. 3. Implement and review - aligning investment, developing delivery capacity and supporting new ways of working. 4.4 Part 4 details a number of case studies on how local living and 20 minute neighbourhood approaches are being implemented in a variety of contexts from across Scotland. This part is followed by a Glossary and two Annexes. Annex A provides further detail on the Local Living Framework and Annex B provides links to further resources and research. Page 48
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Consultation Response 4.5 The Council’s response to the draft Local Living and 20 Minute Neighbourhood Guidance is set out in Appendix 1. Key points from the Council response include: • The guidance could be strengthened by providing more of an evidence base to show how local living can deliver the benefits set out. • More explanation should be given of how local living approaches can apply in urban and town contexts, in addition to the focus on the rural and island contexts which is already included. • It is considered that the approach is too focussed on a methodology which is very resource intensive and based on a single community. It is concerning that the guidance does not show how this is scalable to cover a whole local authority area and the resource commitment of rolling this out in a place by place way is not addressed. • The clarification that planning judgement should be used in the assessment of planning applications against local living policy is supported, but this clarification should be strengthened by more robust planning guidance with a basis in quantifiable data as planning decisions made on this basis could be challenged. • It is accepted that planning authorities are expected to develop their own approach to local living and 20 minute neighbourhoods. It is considered that the statements in support of this approach could also be strengthened. A stronger evidence base at a national level which links local living and 20 minute neighbourhood approaches with positive outcomes would provide a stronger foundation for local decision making. • Delivering 20 minute neighbourhood and local living approaches to assist in addressing climate change and the wellbeing of the population will require a shift in direction of multiple processes, for multiple sectors and stakeholder groups. The scale of this challenge seems at odds with pushing the setting of detailed approaches to planning authorities. Further guidance to support a more unified approach across Scotland would be welcomed. • West Dunbartonshire Council has developed a 20 minute neighbourhood tool which gives a quantifiable metric for measuring accessibility of a range of different uses across the local authority area which is being used to inform the preparation of development briefs, advise on planning applications and support the preparation of funding applications. 5. People Implications 5.1 There are no direct personnel issues associated with this report. However, the local living and 20 minute neighbourhood approach will place extra demands on planning authorities, both in terms of a more resource- Page 49
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intensive process and the knowledge and skills required to implement it. This may result in requiring more staff resources or external support/knowledge to deliver. 6. Financial and Procurement Implications 6.1 There are no financial or procurement implications associated with this report. 7. Risk Analysis 7.1 There are no risks associated with this report 8. Equalities Impact Assessment (EIA) 8.1 The Scottish Government has undertaken an equalities impact assessment of the consultation documents. 9. Consultation 9.1 As the contents of the consultation are focussed on planning processes, officers from the Development Planning and Place prepared the response and Development Management were consulted. 10. Strategic Assessment 10.1 The finalised guidance will be of relevance and contribute to the following strategic priorities: • Our Communities – Resilient and Thriving: by highlighting the importance of communities having good access to facilities • Our Environment – A Greener Future: by encouraging communities to use sustainable/active travel to reach facilities. • Our Economy – Strong and Flourishing: by encouraging local and accessible employment opportunities. Pamela Clifford Planning, Building Standards and Environmental Health Manager Date: 14th June 2023 _________________________________________________________________ Person to Contact: Alan Williamson, Development Planning & Place Team Leader Alan.williamson@west-dunbarton.gov.uk Page 50
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Matthew Spurway, Development Planning & Place Officer Matthew.Spurway@west-dunbarton.gov.uk Appendix: Appendix 1: Response to Draft Local Living and 20 Minute Neighbourhood Planning Guidance Background Papers: Draft Local Living and 20 Minute Neighbourhood Planning Guidance - https://www.gov.scot/publications/local-living-20- minute-neighbourhoods-planning-guidance/ Wards Affected: All Page 51
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Local Living and 20 Minute Neighbourhoods. Planning Guidance - Draft for Consultation Respondent Information Form Please Note this form must be completed and returned with your response. To find out how we handle your personal data, please see our privacy policy: https://www.gov.scot/privacy/ Are you responding as an individual or an organisation? Individual Organisation Full name or organisation’s name Phone number Address Postcode Email Address The Scottish Government would like your permission to publish your consultation response. Please indicate your publishing preference: Publish response with name Publish response only (without name) Do not publish response We will share your response internally with other Scottish Government policy teams who may be addressing the issues you discuss. They may wish to contact you again in the future, but we require your permission to do so. Are you content for Scottish Government to contact you again in relation to this consultation exercise? Yes West Dunbartonshire Council 16 Church Street, Dumbarton 0141 562 8794 G82 1QL Matthew.spurway@west-dunbarton.gov.uk Information for organisations: The option 'Publish response only (without name)’ is available for individual respondents only. If this option is selected, the organisation name will still be published. If you choose the option 'Do not publish response', your organisation name may still be listed as having responded to the consultation in, for example, the analysis report. ITEM 6 - APPENDIX 1 Page 52
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Questionnaire Question 1 How helpful is Part 1 of the guidance to further the understanding of local living and 20 minute neighbourhoods in a Scottish context? Additional information for question 1: Part 1 - Local living, the benefits of local living and 20 minute neighbourhoods. Part 1 of the guidance explains that local living and 20 minute neighbourhoods in Scotland have the potential to contribute to global, national as well as local goals around climate action, decreased health inequalities, improved local economy and improved liveability/quality of life. It explains how local living and 20 minute neighbourhoods can be a means of tackling the interrelated environmental, social and economic challenges we face in Scotland through the alignment with policy context, the place context and the rural and island contexts. More information can be found in part 1 of the guidance document. Very helpful Somewhat helpful Not at all helpful Please explain your response explaining what else could be helpful The first section of this part, “The benefits of local living and 20 minute neighbourhoods”, provides a good overview of what the local living or 20 minute neighbourhood approach is intended to achieve, and in addition provides a series of key resources to help define and support these objectives. West Dunbartonshire Council agrees that a local living approach can contribute to delivering this wide range of benefits. It is suggested that this section could however be strengthened by providing more of a grounding in this evidence, in terms of data and research, which show how these benefits are supported by a local living approach. It is suggested that reframing these benefits as objectives, would help to focus conversations on local living and 20 minute neighbourhood approaches on the outcomes they can deliver rather than assuming that benefits will be realised no matter how the approach is undertaken. This outcomes focus would align the guidance more with the Place and Wellbeing outcomes. In relation to the policy context, it is suggested that a greater account could be given to how local living and 20 minute neighbourhoods have been set out in the Scottish Government’s strategic documents, such as the Programme for Government, as well as how it has been embedded within the other wider policy initiatives listed. In general terms there is a link between policy 15 and a number of other policies within NPF4, further acknowledgment and explanation of this link would be beneficial. In particular the guidance includes a lot of detail which relate directly to Policy 14: Design Quality and Place. It is accepted that all policies will be considered in decision making, but this lack of differentiation between policy 14 and 15 confuses and detracts from the Page 54
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understanding of local living and 20 minute neighbourhoods. Part 1 alone refers to ‘The Place and Wellbeing Outcomes’, ‘The Place Context’, ‘The Place Principle’, ‘The Place Based Framework’ and ‘The Six Qualities of Successful Places’. Whilst it is acknowledged that all of these ideas provide positive direction, it is suggested that further clarity is needed in using these ideas within the context of preparing development proposals and applications as well as the planning decision making process. The comments under Public Service Reform are also supported, but again could be strengthened by giving a direct reference to the Place Principle and the role that public services have in its implementation. It is suggested that the subheadings under Place Context would fit within the policy context section. The Six Qualities of successful places could be captured under the policy context as these are part of Policy 14 of NPF4. The section in relation to the Place Principle would fit more appropriately under the subheading on Public Service Reform, as this appears to be what that section is a reference to. While it is accepted that the unique circumstances of Rural and Island communities require consideration in relation to local living and 20 minute neighbourhoods, West Dunbartonshire Council considers that the challenges of delivering of local living for communities in urban and town settings should not be overlooked. A section on Scotland’s unique geography could make more reference to the fact that local living approaches around the world have been focussed on urban geographies, and then explain how this policy approach differs to take account of the more diverse nature of Scotland and how it could apply to urban, town and rural contexts. It is noted that there are graphics which illustrate how this could look within this section of the document, these could be expanded and what they show explained in a more structured way. This could go some way to explaining, the “where relevant” clause of policy 15 and how this could be approached by planning authorities, which include accessible towns or urban areas, when applying the policy in development management decision making. Whilst Part 1 pulls together multiple positive resources and ideas, it is felt that more clarity and rigour is needed to actually outline how they are linked, and how they refer to a specific Scottish context. Page 55
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Question 2 Please refer to the Local Living Framework Diagram on page 19 of the guidance. How helpful is the framework diagram in encouraging flexible, place-based approaches to support local living? Additional Information for question 2: Part 2 of draft guidance - local living framework diagram 20 minute neighbourhoods are one method of achieving 'local Living' and the benefits that flow from it. The way in which 'local living' works will vary from place to place and should evolve, over time as a result of place-based activity with communities and across sectors. The local living framework diagram was developed to support and encourage the type of flexible, place-based approach when considering the daily needs in a place that supports local living - whilst avoiding tick box approaches. More information can be found in part 2 of the guidance document. Very helpful Somewhat helpful Not at all helpful Please explain your response explaining what else could be helpful The local living framework seeks to connect local living and 20 minute neighbourhoods approaches to the existing place standard tool themes. It is likely to be helpful to structure conversations around local living this way and the Council supports having place standard conversations as an approach to getting a better understanding of how a place works. It is considered that taking this approach will be extremely challenging at the level of whole authority plan making. While the benefits of having detailed conversations about a place are recognised, we are not resourced to undertake this at a place by place level so that every area of the planning authority has this level of engagement. It is acknowledged that the Local Development Planning Guidance indicates that place- based studies which are underway can provide evidence to inform the development plan preparation. The Local Development Plan Guidance also indicates that authority wide considerations such as the spatial strategy and land allocations should be informed by this approach. It is also unclear to what extent this approach could be used when assessing a planning application. It is agreed that we could ask applicants to demonstrate this, as suggested later in the guidance, but that would be onerous for anything but the largest scale of development. It would be helpful to have more clarity within the guidance about how the Local Living Framework would be applied to development management decision making. Without providing more guidance on how this can be done based on information that is already available to planning authorities it is unclear how Policy 15 of NPF4 can be implemented. The Council agrees that a number of daily needs will remain constant, but would suggest that the list in Policy 15 of NPF4 should be reflected in the guidance. Development management planners will require to use the policy in decision making, so the link should be clear. Development of an accessibility tool at a national level, or Page 56
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reference to map based approaches would be welcomed, and would be in line with the shared data resource which is being developed by the Scottish Government’s Digital Transformation team. If it is intended that the list from Policy 15 is indicative and/or not exhaustive, this could be explicitly clarified within the guidance. Prior to outlining the framework diagram, Part 2 refers to the ‘Place Standard Tool’ as well as ‘The Place Standard Design Version’. Whilst its value is acknowledged, it is felt that further clarity is needed as to the application of multiple tools / approaches. There appears to be a bit of a disconnect between encouraging a collaborative process with local communities while focussing on the Design Version, which is aimed at professionals. Page 57
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Question 3 Looking at part 2 of the draft guidance: how helpful are the ‘categories’ and ‘key considerations for local living’ that are captured within this part of the document? Additional Information for question 3: Part 2: Categories and key considerations The ’categories’ - Movement, Space, Resources, Civic, and Stewardship, and the related key considerations support the local living framework and are detailed in part 2 of the guidance. They provide detail on the important issues that should be considered and where appropriate, addressed for successful local living. More information can be found in part 2 of the guidance document. Very helpful Somewhat helpful Not at all helpful Please explain your response explaining what else could be helpful The categories and key considerations are useful in capturing multiple ideas that should be considered in design of places. These would be useful, for example, in helping to inform conversations with existing communities to prompt ideas of how places could be improved. West Dunbartonshire Council is very concerned that the level of information being suggested is far more detailed, and resource intensive to collect than the plan making cycle would allow. It questions whether this is proportionate to expect at a local authority wide level when preparing the next local development plan. It is recognised that the Local Development Planning Guidance states that “planning authorities are not expected to collect this information as primary data” however this should also be clear in the Local Living and 20 Minute Neighbourhood Guidance. It is noted that the Local Development Planning Guidance puts forward a number of different authority wide interventions which could be applied in Proposed Plans, it would be helpful if the Local Living and 20 Minute Neighbourhood Guidance made more reference to how these should be evidenced at an authority wide level. It would be helpful to differentiate which of the key considerations are spatial, data based (quantitative) and which are experiential (qualitative). It is noted that this differentiation was included in the Climate Xchange research, but has not been carried through here, nor is this captured in the additional information included in Annex A. Inclusion of this detail within the guidance could make it a material consideration in assessment of planning applications and give certainty while the first Local Development Plans under the new system are emerging. Page 58
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Question 4 How helpful is the proposed 'structured approach' for use? Additional Information for question 4: A structured approach to delivering local living. Part 3 of the draft guidance offers a structured approach that can assist with delivering local living. Three 'key steps' are detailed that can be repeated for incremental change. These are: 1. understand context - understanding the context of the place through the use of quantitative and qualitative information 2. collaborate, plan, design- developing collaborative models of working to inform place-based planning and design processes 3. implement and review - aligning investment, developing delivery capacity and supporting new ways of working More information can be found in part 3 of the guidance document. Very helpful Somewhat helpful Not at all helpful Please explain your response explaining what else could be helpful The approach set out does outline a general process for bringing forward a 20 minute neighbourhood approach, acknowledging that this will require to be tailored to individual locations and circumstances. This is a reference back to NPF4, which could be made explicit. More direct reference to the formal requirements for preparation of local development plans, would be welcomed, although it is noted these broadly align with the cycle as presented and further detail is provided within the Local Development Planning Guidance. As a strategy, local living and 20 minute neighbourhoods offer an organising principle which will create a fundamental shift in how local development plans are prepared as well as decisions on allocations and applications will be made. The change that this will require within the first cycle of local development plans prepared after the new Planning Act, is a more fundamental shift than is suggested by saying this is a process of incremental change, and should not be understated. In light of the climate emergency and other critical issues highlighted earlier in the guidance it is suggested that the transformational impact of local living policy could be emphasised. Page 59
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Question 5 Does part 3 of the guidance clearly communicate the importance of both qualitative and quantitative data in establishing a baseline for a place? Additional Information for question 5: Part 3 - Ways to support local living and 20 minute neighbourhoods; key step 1 - understand the context Part 3 of the draft guidance offers a structured approach to support local living. Three 'key steps' are detailed that can be repeated for incremental change. Key step 1: Understand context - understanding the context of the place through the use of quantitative and qualitative information. This step explains that gaining a full understanding of the context of a place, at the outset, is critical for forming a baseline and for understanding a place. This part of the guidance aims to communicate and emphasise that while quantitative data is important in this regard, the gathering of qualitative information and the way in which this informs action is equally as critical. More information can be found in part 3 of the guidance document. Very useful Somewhat useful Not at all useful Please explain your response explaining what else could be useful A lot more detail could be included in the section in relation to what spatial/quantitative as well as quantitative data is available, or how it could inform a local living approach. It would be helpful if this followed the structure of the Local Living Framework rather than appearing to contradict it. The balance within this section is good, however the earlier section on the Local Living Framework appears to tip the balance far more towards qualitative data. It is considered that the benefit of the quantitative data to provide a baseline should not be understated, particularly where this can be based on readily available information or data which planning authorities collect. While it is accepted that qualitative data provides the richness of lived experience to help to shape an approach to local living, the importance of qualitative data which informs evidence based decision making should not be understated. It is also suggested that the guidance could give greater consideration to how this approach can be linked to the Scottish Government’s Digital Transformation in Planning programme. Whilst the need to have a detailed understanding of context is acknowledged, there is a concern regarding the resource necessary to implement such processes. In addition, given that individuals are likely to have a unique view of what their 20 Minute Neighbourhood should consist of, how are Council Officers expected to carry out Page 60
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these exercises (in multiple areas) and in turn evidence and define specific interventions? The local context is of course critical. However, there is a concern that huge resource will be necessary to establish incremental minor changes, which whilst welcomed, may not respond to bigger challenges regarding climate change, upon which the whole policy is built. The guidance rightfully points to referencing other datasets such as SIMD and Census Data. Whilst this is welcomed, it is felt that further support should be provided in unpicking the complex relationship between deprivation and place. Page 61
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Question 6 How helpful is the 'collaborate, plan, design' section of part 3 in supporting collaborative practices? Additional Information for question 6: Part 3 - Ways to support local living and 20 minute neighbourhoods - key step 2 - collaborate, plan, design Key step 2: Collaborate, plan, design - developing collaborative models of working to inform place-based planning and design processes. Land-use planning is a fundamental tool for embedding local living and 20 minute neighbourhood principles in our places. National Planning Framework 4 (NPF4) provides a new approach to planning by combining the long term spatial strategy with national planning policies to form part of the statutory development plan. This section explains the context for the delivery of local living and 20 minute neighbourhoods beyond planning mechanisms. Local living requires input from a broad range of stakeholders and a cross sector commitment to collaborative working, informing place based planning and design. It involves coordination across investment plans and opportunities and the bringing together of the knowledge and skills of different organisations and sectors. More information can be found in part 3 of the guidance document. Very helpful Somewhat helpful Not at all helpful Please explain your response explaining what else could be helpful The Council supports the approach set out in the “collaborate, plan, design” section of the guidance. Much of what is set out reflects work which is already undertaken as part of plan making and investment decisions. The additional support that the guidance on local living gives for approaches such as “town centre first” and co- location of services is welcomed. The addition of real projects to illustrate the examples given would be beneficial, and show that some aspects of local living and 20 minute neighbourhoods are not radically different from sustainable planning practices which have gone before. West Dunbartonshire Council is relocating the Dumbarton Library from an edge of centre site, to more multi-functional hub located on the High Street so as to enhance the clustering effect of services within the core town centre area. This aims to support more linked journeys and reduce separate journeys to access town centre services. It is anticipated that allocation of land in accordance with 20 minute neighbourhood and Local Living policy will be a significant shift away from current practices in many areas of Scotland. It is suggested that the guidance could give a greater steer in relation to a measurable decision making process to inform these changes, particularly as these are very likely to be challenged. West Dunbartonshire Council has developed a 20 Minute Neighbourhood mapping tool which can show accessibility Page 62
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to key services from a location. This provides an evidence base for local decision making. The approach of pushing decision making on this down to planning authorities is acceptable, giving support to this local approach, but this message could be further reinforced through the guidance, to give planning authorities confidence to make decisions based on a 20 minute neighbourhood or local living approach. More guidance in relation to interim measures, which would better enable us to implement Policy 15, in development management decisions, prior to adoption of the next Local Development Plan would be welcomed. While this section notes recent examples of successful roll out of similar concepts from outwith Scotland, it would be interesting to have a bit more of an overview of some of these more established approaches. As we prepare our own local living approaches, it would be helpful to understand how international exemplars have informed thinking about the local living approach in this guidance as well as how and why the approach in NPF4 and this guidance differs. Page 63
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Question 7 How helpful is the 'implement and review' section of part 3 in assisting the delivery of collaborative approaches to support local living? Additional Information for question 7: Part 3 - Ways to support local living and 20 minute neighbourhoods - key step 3 - implement and review Key step 3: implement and review - aligning investment, developing delivery capacity and supporting new ways of working. This is the stage at which the action identified in the previous steps could be taken forward or planned for. This section of the guidance explains that while a number of cross government policies, strategies and investments are aligned to support local living and 20 minute neighbourhoods, there needs to be a cross sectoral alignment of knowledge, skills and resources, local knowledge, insights and capacity to maximise the benefits of local living. The 'trip chain' diagrams in this section demonstrate the issues that can arise for local services when decisions about key infrastructure are made and local living is not prioritised. More information can be found in part 3 of the guidance document. Very helpful Somewhat helpful Not at all helpful Please explain your response explaining what else could be helpful Comments in relation to the limited resources and capacity for delivery within this section are welcomed. The Council shares this concern regarding the current capacity (in time) given the scale of the challenge outlined in the guidance. The case studies make reference to positive examples but often there is little reference to how long the project took, or how successful the local pilots (which more closely reflect the approach set out in this guidance) have been in developing a process which is scalable across a whole council area. Without the provision of significant additional resource (as shown is necessary within the Stewarton and Wester Hailes case studies) it is anticipated that it will be difficult for councils to deliver that level of engagement for all of our communities. This is a significant challenge for delivering local living policy in line with this guidance. The Council supports the paragraph, “The concept is also applicable (where relevant) to planning decisions. Planning authorities are expected to apply planning judgement in determining whether or not planning applications are supported, or not, by Policy 15. To assist with this, applicants should be prepared to demonstrate how the proposal responds to its context including the existing settlement pattern and the level and quality of interconnectivity of the proposed development with the surrounding Page 64
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area. Policy 15 also sets out a list of considerations to help establish this, but it is recognised that their relevance will vary between applications and contexts. Over time, local living will be embedded within local development plans, providing a further steer on expectations for applications.” This provides a helpful clarification of the development plan section of the local living chapter in NPF4; this link could be emphasised to add further weight to the guidance and could be emphasised earlier in the guidance in relation to the Policy Context. Page 65
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Question 8 Looking at part 4 of the draft guidance: do the case studies provide a useful and appropriate range of examples of good practice? Additional Information for question 8: The case studies in part 4 of the document are included to demonstrate real place- based action being undertaken that helps support local living and 20 minute neighbourhood principles. More information can be found in part 4 of the guidance document. Very useful Somewhat useful Not at all useful Please explain your response explaining what else could be useful The case studies show a really interesting range of approaches from across Scotland, picking up on all of the different types of area and settlement. It is interesting to see the progress that has been made already in light of the emerging policy context around local living, and indeed how established practices can be adapted to form the basis of a local living approach. This section could be improved by including an introduction to the section which explains a bit more about how the case studies have been chosen, for example highlighting that the areas have been chosen to give a range of geographies based on the Scottish Government’s Urban/Rural classification. This could also indicate the range of different project scales and planning processes which are covered. The projects chosen appear to represent a wide range of scales also, but it would be helpful to indicate this within the summary box. This could indicate where the case study covers single settlement/community approach; a whole council strategy; or a local pilot. The case studies do cover different scales, but highlighting this, and making sure there is a balance between them, would be beneficial. It would also be helpful to highlight which planning processes are being supported through the case studies. For example, highlighting if a case study is looking at process change; preparation of the local development plan; supporting Local Place Plans; preparation of a development framework; informing the development of a single site; supporting funding applications; or supporting the determination of planning applications. Again there is a good range of processes covered but this could be highlighted more clearly and there are key processes which will be informed by NPF4 policy on local living which are not captured in the case studies. It is accepted that while local living is an emerging practice, there may not be case studies for every process, however West Dunbartonshire Council can provide examples of where we have used a local living approach to inform the preparation of site briefs and development management decision making; as well as supporting the preparation of funding applications. As previously noted, the Stewarton Case Study is an interesting example. However, in using this, and other case studies, more clarity should be given about the amount and type of resource and time needed to deliver such a project. In doing so, one can plan accordingly in trying to establish how this approach can be applied across a council Page 66
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area. It is noted that the Wester Hailes case study, highlights this by indicating that Place Based Investment Programme funding had been used to buy in professional support to deliver the Local Place Plan in line with 20 minute neighbourhood principles. Page 67
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Question 9 Looking at the impact assessment update report: do you have any views about the initial conclusions of the impact assessment update report that accompany and inform this guidance? Additional Information for question 9: The impact assessment report update relates to the draft guidance on Local living and 20 Minute Neighbourhoods, produced to support the fourth National Planning Framework (NPF4). Local Living and 20 minute neighbourhoods are included within the policy framework of NPF4, adopted by Scottish Ministers on 13th February. The concept of local living and 20 minute neighbourhoods is intended to support places where people can meet the majority of their daily needs within a reasonable distance of their home, preferably through active travel modes or by public transport. NPF4 was the subject of extensive consultation and parliamentary scrutiny and an Integrated Impact Assessment (IIA), involving a number of statutory and non-statutory assessments, was prepared for NPF4 and is available on the Transforming Planning website. The policy intent and outcomes for Local Living and 20 minute neighbourhoods were included within this assessment process. Therefore, the impact of the policy has already been assessed and this updated report summarises key content relevant to local living and 20 minute neighbourhoods gathered as part of the previous impact assessment process. Additional content on the impacts of the draft guidance has been added where relevant or necessary. Read the impact assessment update report. Yes No Please tell us here Business & Regulatory Impact Assessment (BRIA) The draft guidance sets out a very resource intensive approach to understanding local living and 20 minute neighbourhoods, which has largely been based on focussed collaborative placemaking at the scale of a single community. Replicating this approach across a local authority area, has significant resource implications, which have been overlooked in the guidance and understated in the BRIA. The Council disagrees that this places no additional burden on the planning authority. The approach set out in the guidance is fundamentally based on local authorities taking their own approach to the guidance. The Council questions how this achieves the outcomes as suggested by the preferred option in the BRIA, because the alternative, not-preferred, option of doing nothing, also states that not preparing the guidance would result in council’s taking their own approach to the NPF4 policy. It is considered that this highlights a weakness in the guidance which focusses on how to develop a 20 minute neighbourhood approach, rather than how to apply the policy in NPF4. Page 68
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Equalities Impact Assessment (EQIA) The Equalities impact assessment provides a lot of interesting information about how people with a range of different characteristics can be impacted on by local living proposals. Much of this information and the data which it is based on could have been highlighted within the guidance itself. Page 69
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Question 10 Please provide any further comments on the draft guidance document in the box below. West Dunbartonshire Council welcomes the publication of this guidance which describes the positive aspects of living locally; the wider aspirations of this policy and points to toolkits which can be used delivering local living and 20 minute neighbourhoods across Scotland. The Council has pushed forward with developing a 20 minute neighbourhood tool which gives a quantifiable metric for measuring accessibility of a range of different uses across the local authority area. In anticipation of this guidance the Council hoped for a clarification in relation to how current processes and outcomes can be taken in light of Policy 15 of NPF4. In particular, the Council was seeking greater clarity around how 20 minute neighbourhood approaches should be used to inform the allocation of sites in the next local development plan, as well as how to use the information to inform development management decision making. The response to this is that “Planning authorities are expected to consider how the guidance can be applied in a proportionate and place-based way and to use their discretion in deciding which components of the advice are relevant to their processes.” The Council accepts the support that this gives in relation to shaping an approach tailored to our own circumstances, as well as the range of toolkits that the guidance presents to assist in developing an approach. While these toolkits have some helpful suggestions, there is a concern that they have to date been applied at a local level for a focussed conversation about an individual community. As stated above, the application of this is at a local authority wide level to inform a local development plan, is significant resource challenge, and the guidance does not offer examples of how the approach has been taken forward at a local authority wide scale. It is noted that further guidance is provided in the Local Development Planning Guidance in relation to what should be taken into account when developing a spatial strategy and identifying land use allocations, in a way that supports local living and 20 minute neighbourhoods. The Local Living and 20 Minute Neighbourhood Guidance would benefit from providing the evidence base to support these authority wide proposals or giving greater indication of how these proposals can be evidenced by Local Development Plans at an authority wide level. In relation to Development Management, there is very little guidance about how developers and officer should apply the policy before local approaches have been brought forward, in the Local Development Plan or otherwise. The Council hoped that this guidance would provide a more robust approach to help support decision making. Whilst it is acknowledged that the Scottish Government cannot prescribe specific criteria, the decision to place this entirely upon individual councils seems somewhat unfair. The range and complexity of decision making that is necessarily of a huge scale, and will likely be challenged from various parties. As noted, the scale of the challenge in delivering 20 Minute Neighbourhoods and Local Living is huge. It requires a shift in direction across multiple processes within the development of the built environment, and across multiple sectors and stakeholder groups. As such, the ability to think, respond and plan at a scale that is comparable to the task is necessary. To then place the responsibility on individual councils to develop their own approach sits at odds with this. There is a concern that 34 different Page 70
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ideas about what 20 Minute Neighbourhoods and Local Living is, will result in a disjointed national approach, and in doing so, will result in the inability to respond to the scale of the task in addressing climate change and the wellbeing of the population. Page 71