Democracy Spraffa

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
Back to West Dunbartonshire Council — 18 June 2025 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

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

Page 2

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.

Page 3

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

Page 4

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)