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Item 05 - Minutes of Previous Meeting

West Dunbartonshire Council · 24 April 2024
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Page 1

WEST DUNBARTONSHIRE COUNCIL
At a Hybrid Meeting of West Dunbartonshire Council held in the Civic Space, 16
Church Street, Dumbarton on Wednesday, 27 March 2024 at 4.05 p.m.
Present: Provost Douglas McAllister and Councillors Jim Bollan, Ian
Dickson, Gurpreet Singh Johal, Daniel Lennie, David McBride,
Jonathan McColl, Michelle McGinty, June McKay, John Millar,
Karen Murray Conaghan, Lawrence O’Neill, Lauren Oxley, Chris
Pollock, Martin Rooney, Gordon Scanlan, Hazel Sorrell, Clare
Steel and Sophie Traynor.
Attending: Peter Hessett, Chief Executive; Michael McDougall, Manager of
Legal (Legal Officer); Laurence Slavin, Chief Officer –
Resources, and Section 95 Officer; Peter Barry, Chief Officer –
Housing and Employability; Amanda Graham, Chief Officer –
Citizen, Culture and Facilities; Gail Macfarlane, Chief Officer –
Roads and Neighbourhood; Laura Mason, Chief Officer –
Education; Beth Culshaw, Chief Officer – Health & Social Care
Partnership; Victoria Rogers – Chief Officer, People and
Technology; Michelle Lynn, Assets Co-ordinator; Gillian
McNamara, Economic Development Manager; Pamela Clifford,
Planning, Building Standards and  Environmental Health
Manager; Carol Alderson, Finance Manager; George Hawthorn,
Manager of Democratic and Registration Services; and Carol-
Ann Burns, Senior Democratic Services Officer.
Apologies: Apologies for absence were intimated on behalf of Councillors
Diane Docherty and James McElhill.
Provost Douglas McAllister in the Chair
STATEMENT BY CHAIR
Provost McAllister advised that the meeting was being audio streamed and
broadcast live to the internet and would be available for playback.
DECLARATIONS OF INTEREST
It was noted that there were no declarations of interest in any of the items of
business on the agenda.
ITEM 5

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RECORDING OF VOTES 
The Council agreed that all votes taken during the meeting would be done by roll call
vote to ensure an accurate record. 
URGENT ITEM OF BUSINESS
EMERGENCY MOTION BY COUNCILLOR DAVID MCBRIDE –
HEALTH & SOCIAL CARE PARTNERSHIP  
The Provost advised that he had accepted a request from Councillor McBride for an
emergency motion concerning the challenging financial situation faced by all Health
& Social Care Partnerships.  The Provost advised that this item would be considered
immediately. 
Councillor McBride moved:- 
This Council recognises the challenging financial situation faced by all Health
& Social Care Partnerships across Scotland and notes that the West
Dunbartonshire Health & Social Care Partnership (HSCP) will set its revenue
budget on Thursday 28th March with both Health savings and Social Care
savings required in order to set a balanced budget. 
Council also notes that since 2019, the Scottish Government settlement for
Social Care has been flat cash with no inflationary uplift applied, which means
a real terms cut in funding. For the first time in the history of the HSCP, the
Scottish Government has applied a flat cash settlement to the Health element
which means no inflationary uplift. This is a double hit for the HSCP and the
services used by our most vulnerable.  
The Chief Officer of the HSCP and her staff have gone to extraordinary
lengths to minimise the impact and level of savings. In February this year, the
starting point in the HSCP budget gap for Health was £2.639m and
£7.035m for Social Care. Therefore additional measures need to be taken to
ensure a balanced budget can be set for 2024/25.  
Social Care Services provided by community organisations like Ben View will
continue to be funded to ensure eligible social care clients receive the
services they need including Day Care /Lunch Service and Bathing Service.  
If there is any shortfall for other non-care related groups within Ben View, they
are encouraged to apply to the Cost of Living Working Group for funding to
help them manage any reductions in funding. 
In addition we encourage the Ben View manager to submit an application for
recurring revenue support to the Dumbarton Common Good Fund to help with
their ongoing running costs; and ask that Council Officers engage with any
affected groups and signpost them to the new funds established in the March
Budget.

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Councillor Dickson asked if Councillor McBride would accept the following
addendum to the motion:- 
Add “Council recommends” before “Social Care Services provided by
community organisations like Ben View will continue to be funded to ensure
eligible social care clients receive the services they need including
DayCare/Lunch Service and Bathing Service”. 
Councillor McBride confirmed his acceptance of the addendum. 
Councillor Bollan, was advised by the Manager of Legal Services that proposed
amendment was not competent, and therefore could not be considered by
Council. 
As an amendment, Councillor Murray Conaghan moved:-    
That this motion be brought back to Council at the next meeting which is a few
short weeks away and at that point we can obviously have a view of the
decision which has been taken at HSCP.  We can also be furnished with
information from the Cost of Living Working Group, given the sum taken out of
that during the budget process and fully appraised of the situation with the
Dumbarton Common Good Fund. 
Councillor McColl seconded the amendment and Councillor Singh Johal seconded
the motion, as amended by adding the addendum. 
Note: Councillor O’Neill left the meeting at this point due to technical difficulties. 
Having heard the Manager of Legal Services in clarification of certain matters, a roll
call vote was taken. 
Seven Members voted for the amendment, namely Councillors Dickson,
Docherty, McColl, Murray Conaghan, Pollock, Scanlan and Traynor and 10
Members voted for the motion, namely Provost McAllister and Councillors Singh
Johal, Lennie, McBride, McGinty, McKay, Millar, Rooney, Sorrell and Steel.
Councillor Bollan abstained from voting. The motion, with addendum, was
accordingly declared carried. 
REQUEST FOR DEPUTATION – EQUAL PAY CLAIMS 
The Provost advised that a late request had been received to hear a deputation
from Kirsten Muat in relation to the item ‘Motion by Councillor Bollan – Equal Pay
Claims’.  The Council agreed to suspend Standing Order 18 (b) in order to allow
the deputation to be heard. 
The Provost invited Ms Muat forward to join the meeting and she was heard in
relation to her concerns regarding equal pay claims. The Provost thanked Ms
Muat for her contribution and invited her to remain in the meeting for its duration
if she so wished. Ms Muat then returned to the public gallery.

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VARIATION IN ORDER OF BUSINESS 
Having heard Provost McAllister, the Council agreed to vary the order of
business as hereinafter minuted. 
NOTICE OF MOTION 
(a) Motion by Councillor Jim Bollan – Equal Pay Claims 
The Manager of Legal Services advised:- 
Alan Douglas, Chief Officer – Regulatory and Regeneration and Monitoring
Officer, has asked that I express his concerns to the meeting regarding the
Motion.  Whilst the Motion is not de facto illegal in the sense of creating a
criminal or civil offence two elements of the Motion are so problematic that he
has indicated that if it were passed unamended, he would be obliged in terms
of Section 5(2)  of the Local Government and Housing Act 1989 to prepare a
Monitoring Officer Report to a future meeting and in the interim the
implementation of the committee decision would be put on Hold. 
Mr Douglas has written to both Administration and Opposition Groups and
also to the Provost, Cllr Bollan and Cllr Docherty setting out his concerns in
detail.  These relate to the invitation to Councillors to accept that there is in
fact inequality without that fact having been established and also the
proposed application of the facts and circumstances of the “Fife Case” (as
referenced in the Motion) to West Dunbartonshire without the applicability
being tested.  Further, as appeal is being considered in the Fife case, he is
keen to point out it should not be considered settled law. 
In all the circumstances, Mr Douglas believes that passing the motion in its
present unamended condition would be contrary to the Council’s overriding
duty in terms of Section 1 of Local Government in Scotland Act 2003 - the 
Local authorities' duty to secure best value.   
As a further consideration, it is a requirement of the Standing Orders that the
mover states the source of any funds required to implement any such decision
and in order to comply with this requirement Cllr Bollan should advise the
source of funds required to address the proposed levelling up. 
After discussion and having heard the Chief Officer – People & Technology and
relevant officers in further explanation, Councillor Bollan moved:- 
Council recognises the steps taken by West Dunbartonshire Council in the
past to settle equal pay claims, but that pay discrimination remains an
ongoing issue in local authorities across Scotland; believes that all
Scottish local authorities must learn the lessons of the past and that it is
incumbent on all Councillors – especially Council Leaders – to
demonstrate and exercise political leadership in ending pay discrimination
and securing equal pay for equal value work.

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Council believes that West Dunbartonshire Council and West
Dunbartonshire Leisure Trust have an equal pay issue due to a disparity
in the levels of pay received by those in male-dominated roles i.e. craft
roles, compared to those in female-dominated roles; notes that these roles
are carried out by workers – predominantly women – in the heart of
communities on the frontline of our public services; and notes the
invitation from GMB Scotland to the council’s workforce to lodge equal pay
claims. 
Council notes that West Dunbartonshire Council has carried out a job
evaluation for certain female-dominated roles, but believes the job
evaluation scheme may have increased the value of those roles in
contradiction to the precedent set by the Employment Tribunal against
Fife Council1. 
Council believes that equal value work must result in equal pay and equal
terms and condition; that roles currently being underpaid must be brought
up with no detriment to those currently in receipt of higher pay; and notes
the consultative ballot carried out by GMB Scotland which demonstrated
100% support for industrial action by craft workers if pay inequality is not
addressed by bringing everyone up. 
Council resolves to set an example for other local authorities in delivering
equal pay by working with trade unions to negotiate compensation for lost
wages for those workers who have been the victim of pay discrimination,
and carrying out a fair job evaluation which takes full account of the
Employment Tribunal ruling against Fife Council. 
https://www.gov.uk/employment-tribunal-decisions/mrs-y-allan-and-
others-v-fife-council-4102824-slash-2016-and-others 
The Provost advised that, in accordance with advice given by the Manager of
Legal Services, Councillor Bollan would require to state the source of any funds
for settlement of equal pay claims.  Councillor Bollan confirmed that these would
be taken from reserves. 
Councillor McColl declared an interest in relation to this Item, namely that his
mother works within the Home Care Service and advised he would withdraw
from consideration of this item and not take part in any debate.  Accordingly,
Councillor McColl left the meeting at this point. 
Councillor Rooney made a transparency statement in relation to this item, and
advised that as there was no direct connection to this matter. Thereafter moved
the following amendment:- 
This Council notes that although the motion has been deemed to be legally
competent, if it was accepted, it would present a legal impediment for the
Council.

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Council notes that the first element of the motion is not recognised by the
Council and is not evidenced by our most recent equal pay audit (reported to
JCF in December 2023). 
Additionally, Council notes that the matter of ‘equal value’ has not been raised
with the Council. 
All roles have been subject to job evaluation, many to re-evaluation as the
roles change materially and permanently, using an agreed process that
includes our trade union (and other) colleagues as trained analysts. 
The motion also asks the Council to accept that we have done something
wrong when there is no prior evidence. The wording includes an acceptance
of default which is unfounded. 
The main focus of the amendment is to get all parties around the table without
preconditions to discuss how any issues can be identified and resolutions
found.   
The discussions should also look to investigate and resolve all suggested
equality issues including the suggested issue with the quasi-craft group. 
Given the above, the Council calls on the trades unions to initiate discussions,
with the Chief Officer of People & technology and her team, without pre-
judging the application of the Fife Case or indeed the assumptions in the
motion which asserts that there is a “disparity in the levels of pay received by
those in male-dominated roles” 
In addition, Council calls on the Joint Trades Unions to actively engage with
all care at home staff with a view to correcting the misinformation relating to
the outcome of their recent job evaluation. 
Note: Background information to this amendment is shown in Appendix 1 to these
Minutes. 
Note: Councillor O’Neill re-joined the meeting at this point. 
The Manager of Legal Services advised that Councillors Singh Johal and Sorrell
wished to make transparency statements to which they did along with Councillors
Lennie and McBride. The aforementioned Councillors remained in the meeting
room. 
As a second amendment, Councillor Murray Conaghan, moved:- 
Council recognises the fundamental right to equal pay for work of equal value.
Council further recognises that the road to achieving this and righting the
wrongs of mostly gender based pay discrimination, has been far from straight
forward and has at times caused further inequality in early attempts to
address it.

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This Council recognises that although many Councils will have similar
approaches and have adopted similar job evaluation schemes, each case
where inequality is found to exist must be looked at on its own merits and with
evidence based data. If this were not the case, we might stray into creating
unintended negative consequences. 
To this end, this Council directs the Chief Officer for People and Technology,
other senior officers and our Joint Trade Unions to get round the table to look
at cases where inequality may be ongoing, with a view to addressing these
issues as speedily as possible and reaching a fair resolution for our valued
workers. 
A report on the actions taken and the progress made should be brought to
June Council at the latest. 
Councillor Dickson seconded Councillor Bollan’s motion, Councillor Scanlan 
seconded Councillor Murray Conaghan’s second amendment and Councillor
McGinty seconded Councillor Rooney’s first amendment. 
On a roll call vote being taken between the first amendment (Councillor Rooney)
and the second amendment (Councillor Murray Conaghan), 7 Members voted for
the second amendment, namely Councillors Bollan, Dickson, Murray Conaghan,
Oxley, Pollock, Scanlan and Traynor and 11 Members voted for the first
amendment, namely Provost McAllister and Councillors Singh Johal, Lennie,
McBride, McGinty, McKay, Millar, O’Neill, Rooney, Sorrell and Steel. The first
amendment from Councillor Rooney was accordingly declared carried. 
On a further roll call vote being taken between the amendment (Councillor
Rooney) and the motion (Councillor Bollan), 11 Members voted for the 
amendment, namely Provost McAllister and Councillors Singh Johal, Lennie,
McBride, McGinty, McKay, Millar, O’Neill, Rooney, Sorrell and Steel, and 7
Members voted for the motion, namely Councillors Bollan, Dickson, Murray
Conaghan, Oxley, Pollock, Scanlan and Traynor. The amendment was
accordingly declared carried. 
Note: Councillor McColl rejoined the meeting at this point. 
MINUTES OF PREVIOUS MEETINGS 
The Minutes of Meetings of West Dunbartonshire Council held on 20 December
2023 (Ordinary) and 6 March 2024 (Budget) were submitted and approved as correct
records, subject to the following amendments being made to the Minutes of the
Budget meeting; 
• In relation to the item under the heading ‘General Services Budget Setting
2024/25 and 2025/26 to 2028/29 Budget Estimates’, replace the word
‘request’ with ‘requests’ in the sentence, ‘The Provost declined the requests’.   
• In relation to the item under the heading ‘Deputation – Joint Trades Union’,
include transparency statement declared from Councillor McColl.

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ADJOURNMENT 
The Provost adjourned the meeting at this point due to technical difficulties with the
hybrid meeting system.  After having heard the Manager of Democratic and
Registration Services in further explanation the Council agreed to note that the
meeting would need to continue with those present in the Civic Space.   
The meeting resumed at 6.05 p.m. with all Members listed in the sederunt present,
with the exception of Councillor O’Neill who had been attending via Zoom. 
CLYDEBANK: LONG–TERM PLAN FOR TOWN FUNDS 
The Chief Officer – Regeneration and Regulatory advised that at the meeting of the
Infrastructure, Regeneration and Economic Development Committee held on the 7
February 2024, Committee had considered a report entitled ‘Clydebank: Long - Term
Plan for Towns Fund’ and agreed:- 
(v) to invite the meeting of Council on 27th March 2024 to nominate two elected
members to the Clydebank Town Board; 
Councillor McBride moved that Councillors O’Neill and Steel be nominated to serve
on the Town Board.   
As an amendment, Councillor Murray Conaghan moved that one Labour member
and Councillor Oxley be nominated. 
Councillor McColl then seconded the amendment and Councillor Sorrell seconded
the motion. 
On a roll call vote being taken, 8 Members voted for the amendment, namely
Councillors Bollan, Dickson, McColl, Murray Conaghan, Oxley, Pollock, Scanlan
and Traynor and 10 Members voted for the motion, namely Provost McAllister
and Councillors Singh Johal, Lennie, McBride, McGinty, McKay, Millar, Rooney,
Sorrell and Steel. The motion was accordingly declared carried. 
MINUTES MEETING OF AUDIT COMMITTEE 
The Minutes of Meeting of the Audit Committee held on 13 December 2023 were
were submitted and all decisions contained therein were approved. 
OPEN FORUM 
The Council noted that no open forum questions had been submitted by members of
the public.

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DC23/149/FUL: ERECTION OF 128 RESIDENTIAL HOMES, ASSOCIATED
ROADS, INFRASTRUCTURE AND OPEN SPACE ON EXISTING BROWNFIELD
SITE, RESIDENTIAL DEVELOPMENT SITE, ABBOTSFORD ROAD, CLYDEBANK
BY MILLER HOMES. 
A report was submitted by the Chief Officer – Regeneration and Regulatory seeking
planning permission approval, subject to the conditions set out in the report. 
After discussion and having heard the Planning, Building Standards and 
Environmental Health Manager in further explanation and in answer to Members’
questions, Councillor Singh Johal, moved:- 
That Council approves planning permission subject to the conditions set out in
Section 9 of Appendix 1 to the report and the additional condition detailed in
Section 4.5 of this report (as detailed in full in Appendix 2 to these Minutes). 
As an amendment, Councillor Murray Conaghan moved:- 
We reject this item on the grounds that the parking is insufficient, and we go
back and meet with the developer to discuss how we might increase the
parking at this area.  I would say it seems to go against some of the ambitions
that we do have and looking at pavement parking for those with a view to
helping those mobility issues and to be able to safety walk and get about
places in a manner that doesn’t rely on private car and our intention here may
lead us to disadvantage people in this way. I move at this point we reject it. 
Councillor Traynor then seconded the amendment and Councillor Steel seconded
the motion. 
Councillor Dickson asked if Councillor Singh Johal would accept the following
addendum to his motion:- 
We grant with one additional condition, that in a year we have a survey of the
parking as we have done in our social housing, and as the caveat we can add
additional parking later. 
Councillor Singh Johal advised this addendum had been considered and rejected by
the Planning Committee and declined to accept the addendum. 
As a second amendment, Councillor Bollan moved:- 
This is a key town centre site owed by the Council, we have got a
responsibility I believe at any opportunity that we get to try get more socially
rented houses built anywhere we can and if we own the land it gives us a bit
of leverage, my amendment is we continue the matter and open discussion
with Millar homes to try and achieve 10% of these properties, should be built
for social rent.   
Councillor McColl seconded the second amendment.

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Councillor Dickson asked if Councillor Bollan would accept the following addendum
to his motion:- 
We grant with one additional condition, that in a year we have a survey of the
parking as we have done in our social housing, and as the caveat we can add
additional parking later. 
Councillor Bollan confirmed his acceptance of the addendum.
The Planning, Building Standards and the Environmental Health Manager was heard
in answers to Members’ questions. 
On a roll call vote being taken between the first amendment (Councillor Murray
Conaghan) and the second amendment (Councillor Bollan), with addendum, 3
Members voted for the first amendment, namely Councillors Dickson, Murray
Conaghan and Traynor and 5 Members voted for the second amendment with
addendum, namely Councillors Bollan, McColl, Oxley, Pollock and Scanlan. 
Provost McAllister, Councillors Singh Johal, Lennie, McBride, McGinty, McKay,
Millar, Rooney, Sorrell and Steel abstained from voting.
The second amendment from Councillor Bollan, with addendum, was accordingly
declared carried. 
On a further roll call vote being taken between the amendment (Councillor
Bollan), with addendum, and the motion (Councillor Singh Johal), 7 Members
voted for the amendment, namely Councillors Bollan, Dickson, McColl, Murray
Conaghan, Oxley, Scanlan and Traynor and 11 Members voted for the motion,
namely Provost McAllister and Councillors Singh Johal, Lennie, McBride,
McGinty, McKay, Millar, Pollock, Rooney, Sorrell and Steel. The motion from
Councillor Singh Johal was accordingly declared carried. 
GLASGOW CITY REGION CITY DEAL – UPDATE 
A report was submitted by the Chief Officer – Regulatory and Regeneration advising
of the progress with the implementation of the Exxon Infrastructure Project, and
providing an update on the Glasgow City Region City Deal Programme. 
After discussion and having heard the Economic Development Manager in further
explanation and in answer to Members’ questions, the Council agreed:- 
(1) to note the progress of the Glasgow City Region programme; and 
(2) to note the update on the Exxon Infrastructure Project. 
TREASURY MANAGEMENT STRATEGY AND ANNUAL INVESTMENT
STRATEGY 
A report was submitted by the Chief Officer – Resources seeking approval of the
proposed Treasury Management Strategy Statement and Annual Investment
Strategy.

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After discussion and having heard the Finance Manager in further explanation and in
answer to Members’ questions, Councillor Lennie moved:- 
That Council agrees:- 
(1) to approve the proposed Treasury Management Strategy Statement
and Annual Investment Strategy and the indicators contained within;
(2) to approve the continued use of the asset life method (using either
annuity or equal instalment) for the repayment of loan fund advances
with the exception of spend to save schemes where the
funding/income profile method could be used; 
(3) to approve the ability to continue to use countries with a sovereign
rating of AA or above; and 
(4) to note the report would be referred to Audit Committee for further
scrutiny. 
As an amendment, Councillor Dickson moved:- 
Council agrees the recommendations at 2.1 of the report and adds the
recommendation that the short-term debt profile be capped at 30%. Council
recognises that transitioning from current short-term levels to longer-term will
take some time and invites the S95 officer to manage the timeline of this
change. This should be reported on at the next review of the Treasury
management strategy. 
Council also seeks to strike off lender option borrower option (LOBO’s) as an
approved source of long or short term borrowing from our borrowing and debt
strategy.   
Following discussion, Councillor Lennie indicated that he would be willing to accept
the wording of Councillor Dickson’s amendment as an addendum to his motion. 
Councillor Dickson agreed and the motion with addendum was agreed by the
Council. 
GENERAL SERVICES BUDGETARY CONTROL REPORT TO 31 JANUARY 2024
(PERIOD 10) 
A report was submitted by the Chief Officer – Resources providing an update on the
General Services revenue budget and the approved capital programme to 31
January 2024. 
After discussion and having heard officers in further explanation and in answer to
Members’ questions, the Council agreed:- 
(1) to note a current projected annual adverse variance on the revenue account
of £0.433m (0.2% of total budget); and

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(2) to note that projected expenditure on the capital account was lower than the
2023/24 budget by £59.397m (64.42% of budget), made up of £59.786m
(64.84% of budget) of project re-profiling, and an in-year overspend of
£0.388m (0.42% of budget). 
HOUSING REVENUE ACCOUNT (HRA) BUDGETARY CONTROL REPORT TO 31
JANUARY 2024 (PERIOD 10) 
A report was submitted by the Chief Officer – Resources providing an update on the
financial performance to 31 January 2024 (Period 10) for the HRA revenue budget
and the HRA capital budget. 
After discussion and having heard the Chief Officer – Resources in further
explanation and in answer to Members’ questions, the Council agreed:- 
(1) to note the HRA revenue account was forecasting an adverse variance of
£3.863m which would be offset by removing the £1.729m budgeted
contribution from revenue to capital (CFCR) and using £2.134m of the HRA
reserves; 
(2) to note that the use of HRA reserves to address the projected adverse
variance would lead to a closing HRA reserves balance of £0.500m which
was below the prudential target; 
(3) to note that work would continue to identify efficiencies across all areas of the
housing budget to allow HRA reserves to be replenished and maintained in
line with the prudential target, while ensuring that services were still delivered
and that there was not a corresponding reduction in service provision; and 
(4) to note the HRA capital budget was forecasting an in-year underspend of
£69.166m which comprises £4.912m for projects that would be re-profiled into
2024/25 and projects with a net underspend of £64.253m this year, as
detailed in Appendix 4 to the report. 
REPRESENTATION ON OUTSIDE BODIES 
A report was submitted by the Chief Officer – Regeneration and Regulatory
requesting that consideration be given to making a nomination to the Blindcraft Trust. 
Councillor McKay moved that Councillor O’Neill be nominated to represent the
Council on the Blindcraft Trust.  The Council agreed the nomination.

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CLYDEPLAN AND REGIONAL SPATIAL STRATEGY GOVERNANCE
ARRANGEMENTS 
A report was submitted by the Planning, Building Standards and Environmental
Health Manager seeking permission to formally withdraw from the Clydeplan Joint
Committee and agree to transfer the responsibility for the development of a Regional
Spatial Strategy to the Glasgow City Region Cabinet. 
After discussion and having heard the Planning, Building Standards and
Environmental Health Manager in further explanation and in answer to Members’
questions, the Council agreed:- 
(1) to note the recommendation of the Clydeplan Joint Committee to transfer
responsibility for the development of a Regional Spatial Strategy to the
Glasgow City Region Cabinet; 
(2) to note Glasgow City Region Cabinet’s approval of the establishment of a new
Regional Spatial Planning Sub-Committee to oversee the development of a
Regional Spatial Strategy; 
(3) to note that approval of participation in any future Regional Spatial Strategy
would be a future decision for West Dunbartonshire Council; 
(4)  to formally withdraw from the Clydeplan Joint Committee and transfer
requisition funding to Glasgow City Council as lead authority for the Glasgow
City Region; 
(5) to the participation in the Regional Spatial Planning Sub-Committee; 
(6) to confirm elected members, Councillor Lawrence O’Neill and Councillor
Gurpreet Singh Johal, and their respective successors as Convenor and Vice
Convenor of the Council’s Planning Committee, as representatives on the
new Regional Spatial Planning Sub-Committee; and 
(7) to request an update be brought to Planning Committee on progress of the
Regional Spatial Strategy within 12 months of the date of this report. 
NOTICE OF MOTIONS 
(a) Motion by Councillor Jim Bollan – Equal Pay Claims 
It was noted that consideration had been given to this item of business earlier
in the meeting. 
(b) Motion by Councillor Jonathan McColl – Transfer / Lease of Community
Facilities 
Councillor McColl, seconded by Councillor Traynor, moved:-

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Council notes that despite the best efforts of officers, timing and
resource issues have made the process for transferring/leasing Council
facilities as a result of budget decisions difficult.  This has led to
concerns being raised by Councillors in recent Committee meetings. 
To assist Elected Members to better understand the differences in
process and consider how we could enable officers to better meet the
needs of our communities, Council asks that a report be brought to a
future Council or IRED Committee for the purpose of: 
• Outlining the current process being followed for leasing/community
asset transfer of Council owned facilities.
• Proposing changes to the process to facilitate proper discussions
with current users of facilities prior to bringing reports to committee
for agreement.
• Proposing any further changes that can make the process more
transparent and ensure officers are able to provide Councillors with
all the information we require to make informed decisions, including
proposed rent levels and any non-standard conditions of the
lease/transfer. 
It may be useful to have an Elected Members’ seminar on this topic
in advance of a report being brought to committee. 
As an amendment, Councillor McBride, seconded by Councillor McGinty,
moved:- 
Council notes that the process for transfer and lease of community
facilities has not changed since Councillor McColl was Leader of the
Council. 
The process is fairly straightforward and is in line with West
Dunbartonshire Council’s Community Asset Transfer Procedures and
Policy which was approved at the Infrastructure, Regeneration and
Economic Development Committee on 15 March 2017.  
A note of interest is received which will indicate a preference of 
• Leasing Process
• Disposal
• Community Ownership 
This is then assessed and confirmation to proceed to full application or
not depending on a strategic requirement for the site or property. 
Consultation is then carried out with service areas within the Council
and service users of site or property if applicable.

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Where properties are assessed as surplus to service delivery
requirements these do not follow this process as the strategic
requirement has already been carried out as part of the disposal
decision.    
Council agrees that the asset disposal, asset leases and Community
Ownership process is included in training for Elected Members. 
Following the seminar(s) the Asset Manager in consultation with the
Chief Officer will review the processes and make any appropriate
changes. 
On a roll call vote being taken, 10 Members voted for the amendment, namely
Provost McAllister and Councillors Singh Johal, Lennie, McBride, McGinty,
McKay, Millar, Rooney, Sorrell and Steel, and 8 Members voted for the motion,
namely Councillors Bollan, Dickson, McColl, Murray Conaghan, Oxley, Pollock,
Scanlan and Traynor.  The amendment was accordingly declared carried. 
(c) Motion by Councillor Jim Bollan – Unison Charter 
Councillor Bollan moved:- 
Council agrees to adopt, support and implement the Unison Charter as
follows: 
“To qualify for the UNISON Violence At Work Charter mark, employers
must meet the following standards: 
1.  The employer has a written violence and aggression at work
policy, which is* available to all staff.  The policy should also
cover lone working. 
2.  Responsibility for implementing these policies lies with a senior
manager. 
3.  Measures are taken to reduce staff working in isolated buildings,
offices or other work areas to a minimum. 
4.  Staff are encouraged to report all violent incidents and they are
told how to do this. 
5.  The employer collects and monitors data on violent incidents on
a regular and ongoing basis. 
6.  Where they are in place, union safety reps are able to access
this data and are consulted on solutions to issues relating to
violence in the workplace.

Page 16

7.  Thorough risk assessments are conducted for staff placed in
vulnerable situations. 
8.  The employer has support pathways in place for staff who are
victims of violence at work, so that they know where to turn for
advice and support. 
9.  Training to ensure staff are aware of the appropriate way to deal
with threatening situations. 
10.  Where appropriate, independent counselling services are
available to staff who are the victims of violence at work” 
As an amendment, Councillor Lennie, seconded by Councillor McGinty, moved:- 
Council notes that the “End Violence at Work Charter” launched by
UNISON across various sectors including third sector, voluntary sector,
community, and local government. 
The first stage of the process is for the local branch to submit
proposals to the employer and thereafter to start discussions. This has
not yet happened with the local UNISON Convenor confirming to the
Chief Officer People and Technology that they were still working on
this. Meantime, WDLT has agreed a joint awareness campaign with all
SJC signatory unions. 
In terms of signing up to the charter, as with other commitments made
to our union colleagues, it would be preferable that this was a joint
approach with ALL unions rather than just one. 
Looking at each standard in turn: 
1. “The employer has a written violence and aggression at work policy,
which is available to all staff. The policy should also cover lone
working.” The Council already has a number of policies and
processes in place for this: 
• An ‘Accident and Violence at Work’ document which also links
to other policies that cover different forms of violence and/or
abuse, such as:
• Safety Management Standards: Code 01 – Investigating,
Recording and Reporting of Incidents. 
• Safety Management Standards: Code 13 - Violence at Work; 
• Supporting Employee Wellbeing Policy; 
• Dealing with aggression and Threatening situations in
Educational establishments; 
• Home Carers’ Handbook; 
• Domestic Violence and Abuse Policy; 
• Respect at Work Policy; 
• Gender based Violence Policy.

Page 17

2. “Responsibility for implementing these policies lies with a senior
manager”. This is already in place and responsibility for
implementing, applying and supporting these lies with all
managers and expectations extend to employees. 
3. “Measures are taken to reduce staff working in isolated buildings,
offices or other work areas to a minimum”. Measures are taken to
reduce staff working in isolated buildings, offices or other work areas to
a minimum, are already in place.   
4. “Staff are encouraged to report all violent incidents and they are told
how to do this. Staff are encouraged to report all violent incidents
and they are told how to do this so this is already in place.   
5. “The employer collects and monitors data on violent incidents on a
regular and ongoing basis”. The employer collects and monitors
data on violent incidents on a regular and ongoing basis so this is
already in place. 
6. “Where they are in place, union safety reps are able to access this
data and are consulted on solutions to issues relating to violence in the
workplace”. Where they are in place, union safety reps are able to
access this data and are consulted on solutions to issues relating
to violence in the workplace, therefore they are already in place. 
7. “Thorough risk assessments are conducted for staff placed in
vulnerable situations”. Thorough risk assessments are conducted
for staff placed in vulnerable situations. This is already in place,
and they are reported to H&S Committees. 
8. “The employer has support pathways in place for staff who are
victims of violence at work, so that they know where to turn for advice
and support”. The employer has support pathways in place for staff
who are victims of violence at work, so that they know where to
turn for advice and support. These arrangements are already in
place, reported to H&S Committees and TU safety reps attend. 
9. “Training to ensure staff are aware of the appropriate way to deal
with threatening situations”. Training to ensure staff are aware of the
appropriate way to deal with threatening situations. This is
already in place and the range of supportive policies is referred to
at serial 1.   
10. “Where appropriate, independent counselling services are available
to staff who are the victims of violence at work”. Council offers routes
to counselling which may also require reversion to GP. 
While it seems that the charter would be relatively straightforward to
sign up to, the actual local UNISON proposals are not yet known.
Additionally, it is important that we seek the views of the other

Page 18

recognised trades unions, so that they can be understood and
considered for inclusion.   
Given the above, the Council agrees that appropriate officers engage
with West Dunbartonshire UNISON Branch to understand their
proposals, assess any gaps, and identify any potential costs that may
arise from adoption of the charter. 
Councillor Murray Conaghan then seconded Councillor Bollan’s motion. 
On a roll call vote being taken, 10 Members voted for the amendment, namely
Provost McAllister and Councillors Singh Johal, Lennie, McBride, McGinty, McKay,
Millar, Rooney, Sorrell and Steel, and 8 Members voted for the motion, namely
Councillors Bollan, Dickson, McColl, Murray Conaghan, Oxley, Pollock, Scanlan and
Traynor.  The amendment was accordingly declared carried. 
(d) Motion by Councillor Michelle McGinty – Immediate Resignation of
Convicted Criminal Councillor Craig Edward 
Having heard Provost McAllister, Council noted that consideration was no
longer required to be given this motion. 
(e) Motion by Councillor Karen Murray Conaghan – Equalities Act 
It was noted that the suspension of Standing Order 20 (d) would be required
in order to consider the undernoted motion, using the procedure provided in
Standing Order 28.  The Council agreed to suspend the Standing Order. 
Councillor Murray Conaghan then moved:- 
Council notes its responsibilities under the Equality Act, to make
reasonable adjustments to facilitate the participation of disabled people
in the democratic processes of Council. 
In the case of Council meetings, the interpretation of this duty falls to
the Provost.  To ensure that there is no misinterpretation, Council
agrees that Standing Orders will be updated by the Monitoring Officer
to include a provision as follows: 
That the Provost be required to call a minimum of a 15-minute recess
where, 
1. A motion to set the General Services budget in full or part is
moved and, 
2. Any Elected Member has requested such a recess.

Page 19

As an amendment, Councillor Rooney moved:-   
Council notes that the Standing Orders are largely the same that were in force
under the previous SNP Administration. 
The Standing Orders were agreed at the Council meeting on 22nd October
2022. 
Following the Council meeting on 6th March, Provost McAllister had raised the
issue of making changes to Standing Orders with the Chief Officer Regulatory
& Regeneration along the similar lines to those in the motion. 
Given the above the Council agrees to the following changes to Standing
Orders: 
Standing Order 17 
Renumber current Standing Order “17(d)” as “17(e)” and insert a new 17(d): 
“Without prejudice to the Provost’s rights in terms of Standing Order 17(a)
where a motion to set the General Services annual Estimates of Capital and
Revenue Expenditure in full or part is moved, which shall include
circumstances narrated in Standing Order 19(b)(i)  and an elected member
has requested an adjournment of the meeting during consideration of the item
on which the motion is moved, the Provost will be required to call an
adjournment of no less than 15 minutes.  It will be for the Provost to determine
the actual length of such adjournment.” 
Councillor Rooney asked if Councillor Murray Conaghan would accept the
following addendum to the motion:- 
Given the above the Council agrees to the following changes to Standing
Orders: 
Standing Order 17 
Renumber current Standing Order “17(d)” as “17(e)” and insert a new 17(d): 
“Without prejudice to the Provost’s rights in terms of Standing Order 17(a)
where a motion to set the General Services annual Estimates of Capital and
Revenue Expenditure in full or part is moved, which shall include
circumstances narrated in Standing Order 19(b)(i)  and an elected member
has requested an adjournment of the meeting during consideration of the item
on which the motion is moved, the Provost will be required to call an
adjournment of no less than 15 minutes.  It will be for the Provost to determine
the actual length of such adjournment.” 
Councillor Murray Conaghan confirmed her acceptance of the addendum.

Page 20

The Council agreed the motion with addendum. 
The meeting closed at 8.25 p.m.

Page 21

BACKGROUND INFORMATION
The Council has been attempting to engage the local Convenors, to further its’
equalities obligations since 2017 specifically looking at terms and conditions. All
have consistently refused to engage with the employer on the basis that they saw no
potential inequalities. 
The Council undertook another equalities review of the terms and conditions in 2022,
reporting the findings to Council in December of that year. This report included the
difference in public holiday offering to those employed in quasi-craft roles pre-2015. 
In January 2023, six meetings were scheduled to begin discussions with the
Convenors with various regional officials in attendance. After the third meeting,
which was two months into discussions, the Convenors unilaterally withdrew from
the process citing lack of time for this topic and reiterating their disagreement that
there were any inequalities. Further attempts by Council officers to engage were
unsuccessful.
In June 2023, six months after the report to Council and approximately a year since
discussions on the audit had begun, a Joint Trade Union (JTU) legal response was
received. This document unequivocally refuted the existence of inequalities albeit
was somewhat lacking in any legal argument(s). 
On 11 July 2023, GMB specifically requested a copy of the terms and conditions of
the quasi-craft group, which they negotiated and agreed. These were duly provided
on 13 July 2023. 
On 18 July 2023 at the regular scheduled Convenor meeting, there was a further
discussion about the equalities audit and a repeated request from all Conveners for
a response on each point. At this meeting, the JTU legal opinion and Council
response were discussed. The Council response was issued to all parties on 19 July.
Later on that day, GMB withdrew as a signatory to this opinion confirming that their
own legal advice would now be sought. Unite later confirmed that they had not taken
their own legal advice and so could not say whether they remained in agreement
with that submitted as JTU opinion.
One year on from the 2022 Council report, the employer wrote once again to the
unions requesting a formal response on the issues raised, most recently at the
meeting of 18 July 2023. Finally, in December 2023, GMB and UNITE confirmed that
their legal advice did in fact acknowledge the public holiday inequality (the retention
of which was negotiated by the same unions), and GMB indicated a desire to ‘level
up’ or equal pay claims would be lodged. 
The employer’s response explained that the total number of recipients of the 12
Public Holidays was 199 (97% male). The GMB suggestion would result in 5666
employees having 4 days deducted from their annual leave, would create unfunded
additional cost to maintain service delivery where this was necessary, and at a time
when the Council has an estimated funding gap of £20million for 24/25, increasing
year on year. This was unaffordable and disproportionate and, crucially, would be an
unwelcome change to those employees who appreciate the flexibility that is provided
APPENDIX 1

Page 22

by the annual leave / public holiday arrangements currently enjoyed by the majority
of the workforce. 
GMB’s approach, and limited ballot, entirely disregards most workers, focusing
entirely on the male craft group who benefit from the additional public holidays, and
given the lack of engagement with the Council despite its readiness to discuss such
inequalities, it also omits to consider the service needs of the communities we serve,
many of which must continue during holiday periods. 
In respect of the care at home job evaluation, consideration and/or application of
another employer’s assessments/scores or outputs, is not permitted in this agreed
scheme. The agreed national and local job evaluation appeals processes both
explicitly state: 
• National: "Appeals on the grounds of comparability with other jobs (either
within the individual Council, other Councils or nationally), or appeals seeking
to restore previous grading or pay differentials will be inadmissible." 
• WDC: "Appeals on the grounds of comparability with other jobs (either within
the individual Council, other Councils or nationally) or appeals seeking to
restore previous grading or pay differentials will be inadmissible."     
In terms of the motion’s suggestion that “full account of the Employment Tribunal
ruling against Fife Council” should be taken (that is Allan and others vs Fife Council),
the Tribunal’s own note at paragraph 9 of the aforementioned judgment (link above)
confirms that they are “not trained job analysts”. Furthermore, precedent has not
been set by this judgment being as it is subject to application to appeal and, that
particular aspect, cannot be caught by legal precedent. 
In light of this, the motion insisting that the Council should consider the evaluation
outcome of another local authority employer (or indeed untrained analysts) in respect
of the care worker role which the union knows is not permitted and is in conflict with
the local and national job evaluation schemes and guidance, agreed by the Scottish
Joint Council (SJC) unions, is misdirected. 
The Council has an agreed process for job evaluation and this process was initiated
when Care at Home workers submitted their request for re-evaluation of their role. 
Care at Home workers have recently completed the process of job re-evaluation and
as a result both their grade and rate of pay increased from Grade3 to Grade4 and
backdated pay was made in February as planned. 
In line with our policy and the national scheme, the request was considered by the
Job Evaluation Panel which includes our trade union colleagues at the evaluation
and consistency checking stages. As a result of identified changes to the role since
the previous evaluation, particularly an increase in the level of responsibility, the
overall scoring for the position was increased. This resulted in an increase in grade
and corresponding pay. 
The appeal, submitted in connection with the above evaluation outcome, failed to
meet the criteria as set out in the agreed Job Evaluation Policy & Procedure (see

Page 23

section 6, in particular 6.1 and 6.8) and did not provide sufficient evidence relevant to
the factor(s) being appealed.  Again, all three SJC unions are signatories to both
national and local policies/guidance, just recently re-affirming their agreement to the
SJC JES v3 amended. 
The Council have written again to GMB specifically to return to the table to discuss
their concerns, with a view to resolution and without industrial dispute. 
Excerpt of Email from the Monitoring Officer: 
I write with regard to the motion “Equal Pay Claims “which appears on the agenda of
next week’s Council calling on the Council to accept that the Council and the Leisure
Trust have an equal pay issue with regard to alleged disparity between roles
performed predominantly by male staff and roles performed predominantly by female
staff.  I would ask that you bring the terms of this email to the notice of your group.  I
have written to both Groups and to Councillors Bollan and Docherty in these terms.  I
have also written separately to the Provost. 
The motion, which is similar to correspondence the Council has very recently
received from the GMB union, effectively calls on the Council to accept there is
wrongdoing and to settle on a “levelling up” basis (i.e. with no detriment to those
currently in receipt of higher pay) with individuals allegedly suffering gender based
pay inequality. 
While the Motion required to be admitted onto the agenda as it was not de facto
illegal, it does present a challenge to me in that I believe that an admission of
culpability (as is implied from the suggestion that the Fife Case be applied) without
establishing facts, or indeed properly considering the applicable law, would be
contrary to the a number of legal duties regarding protecting the public pound, not
least of all is the overriding duty in terms of Section 1 of Local Government in
Scotland Act 2003 - the  Local authorities' duty to secure best value.  It also does not
state the cost of the proposal nor the source of any funds required to meet cost.  In
part this may be because the sum is unquantifiable and therefore represents a high
degree of risk to the Council.   
As I will not be at the meeting on 27th I will request the Legal Officer to enquire these
details from the mover of the motion in order that it complies with Standing Order
requirements for such a statement. 
I think it important to point out that my aim is not  to prevent the Council from
engaging with any party wishing to discuss potential inequality.  We are obliged to
address such inequalities where they are shown to exist, however the proposed “lift
and shift” approach of taking the rationale of a case in another authority and
assuming it applies to our own circumstances, does not, I believe, comply with the
requirements of the duty within Section 1 of Local Government in Scotland Act
2003.  I should add the Council involved in the case quoted (Fife Council)  are likely
to appeal as they believe there are good grounds to do so in terms of the Tribunal’s
determination.  This motion may therefore tie us to a course of action which is
contrary to the final outcome of the case on appeal.

Page 24

It is also fundamentally a risk to the Council to accept without evidence, the
statement that there is de facto inequality on the basis alleged.  Whether or not this
is subsequently shown not to be the case, an admission by elected members that
there was, in circumstances like this, would be unduly persuasive to any tribunal and
it would be difficult for the Council to present a fair statement of its understanding of
the facts and law following such an admission. 
For the reasons above I would advise that if the motion were to pass, I would be
obliged as Monitoring Officer, to prepare a report to Council in terms of Section
5(2) of the Local Government and Housing Act 1989 into a possible breach of law or
maladministration given the duty to protect public funds.  As you are doubtless
aware, this so called Monitoring Officer report is an extremely serious step, is one
which is rare in local government and particularly within West Dunbartonshire. 
In the interim, no steps could be taken to further implement the motion and the report
would be brought back to a future meeting of the Council. 
Given the seriousness of the situation I would be happy to discuss the matter on
either Monday or Tuesday to allow you to discuss with your group and revert to me
with your thoughts. 
Yours sincerely 
Alan
Alan Douglas
Chief Officer: Regulatory and Regeneration

Page 25

APPENDIX 2 
DC23/149/FUL: Erection of 128 residential homes, associated roads,
infrastructure and open space on existing brownfield site, (former Playdrome
site) Residential Development Site, Abbotsford Road, Clydebank by Miller
Homes. 
1. Prior to the commencement of development on site, exact details, specifications
and samples of all proposed external materials to be used within the development
site shall be submitted to and approved in writing by the Planning Authority. For
the avoidance of doubt, all facing bricks to be used shall be good quality clay
bricks. Thereafter, unless otherwise first agreed in writing with the Planning
Authority, the development shall be completed in strict accordance with the
approved material details and palette. 
2. Further to Condition 1 above, prior to the approved brickwork associated with any
house being constructed on site, a sample panel of the brickwork shall be
constructed on site in order for it and the associated mortar to be reviewed,
inspected and approved in writing by the Planning Authority. Thereafter, unless
otherwise first agreed in writing with the Planning Authority, the development shall
be completed in strict accordance with the approved brick details. 
3. Prior to the commencement of development on site, full details of the
timescale/phasing for the build-out of the development shall be submitted to and
approved in writing by the Planning Authority. Works shall then proceed as
approved unless an alternative timescale is first agreed in writing by the Planning
Authority. 
4. Prior to the commencement of development on site, full details of all hard surfaces
shall be submitted for the further written approval of the Planning Authority. The
development shall thereafter be proceed in accordance with the approved details. 
5. Prior to commencement of development on site, a 'Play Equipment Strategy' for
the site shall be submitted to and approved in writing by the Planning Authority.
This shall include (but not be limited to) the following: 
•  Details and specifications of forms of play equipment and structures to be   
provided within the site. 
•  Provide full details regarding the maintenance arrangements for all play    
equipment and associated features within the site. 
•  Provide timescales for implementation of the play equipment. 
Thereafter, the approved play equipment strategy and all associated features
and specifications shall be installed within the development in accordance with
the strategy unless otherwise first agreed in writing by the Planning Authority

Page 26

and maintained in accordance with the approved details for the lifetime of the
development. 
6. Notwithstanding the approved plans, all recommendations within the Ecological
Constraints Survey dated 23th August 2022 shall be followed. This shall include
all required further survey work identified as being required for otters. Further
survey work undertaken shall be submitted to and approved in writing by the
Planning Authority prior to the commencement of development on site and
implemented as approved. 
7. Notwithstanding the approved plans and condition 6 above, and prior to the
commencement of development on site, the recommendations in paragraph
4.2.12 of the Ecological Constraints Survey dated 23th August 2022, in respect of
reestablishing the ecological baseline shall be followed and the approach to this
submitted to and approved in writing by the Planning Authority. 
8. Notwithstanding the approved plans and condition 6 above, and prior to the
commencement of development on site, a further submission which demonstrates
an understanding on how the proposal enhances biodiversity beyond the current
baseline including any adjustments to the approved landscaping proposals
together with the implementation details on site shall be submitted to and
approved in writing by the Planning Authority. All measures shall then be
implemented as approved. 
9. Prior to commencement of development on site, a full planting schedule shall be
submitted for the further written approval of the Planning Authority. Thereafter, the
approved hard and soft landscaping and all associated approved planting details
shall be implemented within a timescale to be agreed with the Planning Authority
prior to the commencement of works on site. 
10. Any trees, shrubs or areas of grass which die, are removed, damaged or become
diseased within five years of completion of the landscaping shall be replaced
within the following year with others of a similar size and species. 
11. Prior to commencement of development on site, a site management scheme for
construction traffic, shall be submitted to, and approved in writing by the
Planning Authority and thereafter shall be implemented in accordance with the
approved scheme. For the avoidance of doubt, construction access shall only be
taken via Abbotsford Road and at no time will any vehicular access be taken to
or from Argyll Road, unless otherwise agreed in writing with the Planning
Authority. 
12. That prior to each house hereby permitted being occupied, all new roads and
footways leading to it shall be surfaced to a sealed base course. 
13. That within 4 weeks of the last of the houses hereby permitted being completed,
all roads and footways within the application site shall be completed to a final
wearing course.

Page 27

14. Prior to the occupation of any house, the on-street parking provision associated 
to that house shall be completed and be available for use by residents of the
associated house. The on-street parking provision shall then remain  
unobstructed and available for use by residents of the associated house at all
times thereafter. 
15. The additional parking provided on Abbotsford Road, as identified on drawing 
ARC/SITE001 Rev Q – Site Layout shall be constructed and made available for 
use prior to the removal of the existing parking area. 
16. That prior to the commencement of development on site, full details of the
proposed drainage regime inclusive of calculations and overland flow details
shall be submitted to and approved in writing by the Planning Authority. The
drainage regime shall then be implemented and maintained thereafter. For the
avoidance of doubt, the drainage regime shall be implemented commensurately
with the construction of the houses it serves. 
17. That all surface water shall be intercepted within the site both during construction
and on completion of the development and full details of measures to ensure that
surface water run-off is contained within the site shall be submitted to and
approved in writing by the Planning Authority prior to the commencement of
development on site. The measures shall be implemented and maintained as
approved. 
18. The approved car charging points/units/ducting and associated infrastructure
shall be installed in accordance with the approved details in a timescale agreed
by the Planning Authority and maintained at all times thereafter. 
19.  Prior to the occupation of the first house within the site, the developer shall
install the necessary infrastructure to enable the full development and all
associated properties to be connected to the existing fibre optic network, where
available in West Dunbartonshire, and in accordance with the relevant
telecommunications provider’s standards. 
20. Prior to the commencement of development on site, details of any street furniture
inclusive of grit bins and telecommunications cabinets as well as lighting and
bins adjacent to the canal, shall be submitted to and approved in writing by the
Planning Authority and within a timescale agreed with the Planning Authority. 
21. The Residential Travel Plan as approved as part of this application shall be
provided on occupation of each dwelling to new residents. 
22. No development (other than investigative works) shall commence on site until
such time as a revised 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

Page 28

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 
b) An appraisal of remedial options, including a detailed remediation strategy
based on the preferred option. 
23.  No development (other than 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. 
24. 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. 
25. 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 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. 
26.  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

Page 29

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. 
27.  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. 
28.  Prior to commencement of development on site, an updated noise assessment
shall be submitted to, and approved in writing by the Planning Authority, to
determine the impact of noise on the proposed development. The noise impact
assessment and any recommendations in respect of mitigation measures shall
be implemented as agreed prior to the development being brought into use and
where appropriate shall be retained in accordance with approved details. The
noise assessment shall include an assessment of aircraft noise taking into
account the structure of the roof design as a possible pathway for noise
transmission. 
29.  Prior to occupation of any house, the applicant shall have a third party
independent verifier submit a verification report which shall provide verification of
the installed noise mitigation measures demonstrating that the projections as
detailed within the approved noise impact assessment are reliable and meet with
the relevant conditions. 
30.  Prior to the commencement of development on site, a noise control method
statement for the construction period shall be 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-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. 
31.  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 first agreed in writing by the Planning Authority:

Page 30

• Mondays to Fridays:  0800 – 1800
• Saturdays:    0800 – 1300
• Sundays and public holidays:  No Working 
32.  No commercial vehicle making deliveries to or collecting material from the
development during construction shall enter or leave the site before 0800 or after
1800, unless otherwise first agreed in writing by the Planning Authority. 
33. 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. 
34. Prior to the commencement of development on site a scheme for the control and
mitigation of dust shall be 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 first
agreed by the Planning Authority. 
35.  Prior to the commencement of development on site, an air quality impact
assessment shall be submitted to and approved by the Planning Authority. 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. 
36. Prior to the commencement of development on site, details (including specific
luminaire and lamp type; beam control; wattage; the use of reflectors; baffles;
louvers; cowling; lux contours/distribution diagrams and columns types/colours)
of the lights /floodlights have been submitted to and approved in writing by the
Planning Authority. The floodlights shall then be implemented in accordance with
the approved details and shall be maintained in this condition. Any subsequent
changes to their position or specification shall be subject to the prior written
approval of the Planning Authority. 
The applicant should also take cognisance of the nearby commercial premises
and

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any associated floodlights. The potential for obtrusive light affecting the
properties must be assessed and appropriate mitigation measures put in place to
negate any nuisance from any lights on the commercial premises. 
37. Prior to the commencement of development on site, details for the storage and
the collection of waste arising from the development shall be submitted to and
approved in writing by the Planning Authority. The agreed details shall be in
place prior the occupation of the first house within the site and thereafter
maintained for the lifetime of the development. 
38. That at all times, during the construction of the development, vehicular and
pedestrian access shall remain available via Abbotsford Road, or any other
equivalent access road, to all existing properties which were, at the time of
granting planning permission, accessed via Abbotsford Road.