Item 14 Further Application under Section 42 to not Comply with Condition 11 of Planning Permission DC21/115/FUL at Queens Quay Full Development Site, Cart Street, Clydebank by Clydeside Regeneration Limited
West Dunbartonshire Council · 18 June 2025
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WEST DUNBARTONSHIRE COUNCIL Report by Planning, Building Standards and Environmental Health Manager Council: 18th June 2025 _____________________________________________________________ DC24/091/FUL: Further application under Section 42 to not comply with condition 11 of planning permission DC21/115/FUL at Queens Quay Full Dev Site, Cart Street, Clydebank by Clydeside Regeneration Limited 1. REASON FOR REPORT 1.1 This report relates to a planning application for a national development and as the application site sits within the Clyde Mission area as set out in National Planning Framework 4. Under the terms of the approved Scheme of Delegation, it therefore requires to be determined by Full Council. 2 RECOMMENDATION 2.1 That the Council approve the application. 3 BACKGROUND 3.1 The site comprises the Queens Quay Masterplan area consisting of 23ha. The extent of the masterplan area lies to the south of Clydebank Town Centre on the north bank of the River Clyde, which was previously John Brown & Co shipyard. Planning permission in principle was granted (DC15/234) for mixed use development including residential (including affordable/community housing), retail (Class 1), financial/service (Class 2), restaurant (Class 3), public house, office (Class 4), hotel (Class 7), care home (Class 8), health centre (Class 10), assembly and leisure (Class 11) uses, with associated car parking, access road, quay wall improvements and landscaping in March 2016. The approved Masterplan and Design Framework seeks to redevelop the area through a residential-led, mixed-use development which re-integrates the waterfront with the wider Clydebank area. 3.2 Significant process has been made on the re-development of the site with the spine road infrastructure and the works around the basin now complete and in place. Planning permission was granted for the erection of a new health and care centre in May 2018 (DC16/244) and permission for the erection of 146 flatted dwellings and 4 commercial units was granted in March 2019 (DC18/272). In January 2018, planning permission was granted for the erection of a water source heat pump energy centre (DC17/231). The new Clydebank Care Home and Energy Centre have been completed and the Health and Care Centre as well as 146 affordable homes. In addition, in 2021 planning permission was also granted for a Section 42 application (DC21/115/FUL) to vary Condition no. 1 (development phasing), Condition no. 3 (Design Codes ITEM 14
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reference) and Condition no. 27 (Bird Hazard Management Plan) of permission DC15/234. 3.3 This current application seeks permission to modify the terms of condition 11, which was attached to application DC21/115/FUL. Condition 11 of application DC21/115/FUL reads as follows: All applications for the approval of matters specified in conditions shall comply with the recommendations of the Flood Risk Assessment (October 2015), that is, land raising of low-lying areas of the site to above the 1 in 200 year plus climate change flood level (set at 5.1m AOD), and finished floor levels of all buildings are to be set to at least 0.6m above the 1 in 200 year plus climate change flood level at 5.7m AOD. All development shall be implemented in accordance with these details. 4 MAIN ISSUES 4.1 A copy of the report presented to the Planning Committee is provided in Appendix 1. Sections 6 and 7 of that report set out the planning policies and other material considerations relevant to the application. The report concludes that the acceptability of the redevelopment of the site has previously been established with the granting of previous planning applications, DC15/234 which granted Planning Permission in Principle and DC21/115/FUL which granted a previous Section 42 application. This application is a Section 42 application to vary the terms of condition 11 of planning application DC21/115/FUL. Following consideration of the applicants proposed variation to the condition and informed by the consultation responses from SEPA and the Council’s Road Service, it is concluded, subject to the further revised wording being applied as set out in paragraph 7.23 above, the proposal is in accordance with Policy 22 of NPF4. 4.2 As the effect of granting this Section 42 application is that the previous planning permission is renewed and a new permission granted, it has been considered whether any change in any material considerations has occurred since the previous grant of permission. In this respect, NPF4 is now part of the development plan. Having assessed the proposal with reference to NPF4, it remains that, subject to the conditions set out in section 9 of Appendix 1, it is considered that the proposal is acceptable with reference to the development plan. All other conditions are re-imposed to this permission together with additional conditions 26 and 27 to address low carbon energy technologies and biodiversity to comply with policies 3 – Biodiversity and 11 – Energy of NPF4. 4.3 It is considered that the proposals accord with the provisions of NPF4, the adopted West Dunbartonshire Local Plan and proposed West Dunbartonshire Local Development Plan 2.
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4.4 At the pre-determination hearing at Planning Committee no representations were heard from the applicant, supporters or objectors. Planning Committee sought clarification on minor typo details, and it was confirmed that the wording proposed in condition 11 is correct. 4.5 After discussion the Planning Committee recommended that the application be referred to the full Council for determination, expressing the provisional view that the application should be approved with the conditions indicated within Section 9 of the Planning Committee Report (Appendix 1). 5. People Implications 5.1 There are no personnel issues. 6. Financial and Procurement Implications 6.1 There are no financial or procurement implications. 7. Risk Analysis 7.1 No risks have been identified. 8. Equalities Impact Assessment (EIA) 8.1 There is no equalities impact. 9. Environmental Sustainability 9.1 A Strategic Environmental Assessment is not required. 10. Consultation 10.1 Publicity and consultation have been carried out in line with the requirements of the planning regulations. 7 representations from members of the public have been received in objection to the proposals and consultations received from West Dunbartonshire Council Roads Service (Flooding) and SEPA. These are summarised in Section 4 and 5 of the Planning Committee report (Appendix 1). 11. Strategic Assessment 11.1 The proposed development complies with the strategic priorities of the Council in particular: • Our Communities Resilient and Thriving • Our Environment A Greener Future • Our Economy Strong and Flourishing
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Michael Mulgrew Planning, Building Standards and Environmental Health Manager Date: 4th June 2025 ___________________________________________________________________ Person to Contact: Michael Mulgrew, Planning & Building Standards Manager Email: Michael.Mulgrew@west-dunbarton.gov.uk James McColl, Development Management Team Leader Email: James.McColl@west-dunbarton.gov.uk Appendices: Appendix 1 - Planning Committee Report: 4th June 2025 – DC24/091/FUL Background Papers: None Wards Affected: Ward 6 (Clydebank Waterfront)