Access row could stop businessman building a mansion in Glenpath

The controversy surrounds access next to a plot of land in Glenpath, adjacent to Stirling Road, where Dumbarton businessman Sajad Nazir wants to build his family home.

Mr Nazir was granted planning permission back in September 2015.

However, the landowner was given permission subject to conditions (condition 9), namely that he widened the access road before he started building, to accommodate heavy plant traffic at the site and maintain access for nearby residents.

It's understood that Mr Nazir, who owns half of the private road, tried to vary the condition attached to the original planning application.

But the local authority failed to determine that request within a statutory two-month period- resulting in an appeal from the businessman.

As a result the request will now be determined by a Scottish Government Reporter, appointed by Scottish Ministers.

Now the West Dunbartonshire Council planning committee will meet at Clydebank Town Hall on Wednesday where they will note submission of Mr Nazir's appeal.

A report to go before members said: "Planning permission was granted in September 2015 (decision DC14/096) for the erection of a 2½ storey dwellinghouse and installation of associated driveway and access.

"As most of Glenpath is a private road which already serves a larger number of houses than the adopted Roads Development Guide specifies, permission was granted subject to a condition that the road be upgraded to an adoptable standard as far as the access into the new house."

The report also states that there were several objections to application from existing residents in Glenpath who disputed the applicant’s rights to use or alter the private road, resulting in a legal challenge.

There were also concerns that residents would not be able to access their homes with large trucks travelling to and from the site.

Another concern was the possibility of emergency vehicles trying to negotiate an already narrow track.

The Reporter has previously told how the property will dwarf all other properties in the cul-de-sac and how planning permission was granted- despite objections from 10 residents from nearby houses and another from Silvertoun and Overtoun Community Council.

In conclusion the report to go before planning committee members states: "Condition 9 was imposed because Glenpath is a substandard private road which is in poor condition and which already serves a larger number of houses than the adopted standard allows.

"Any additional houses accessed from Glenpath would increase the traffic using the substandard road, and this is particularly true of the proposed house because it would be such a large property intended to be occupied by an extended family and would therefore be likely to generate more vehicle movements than would typically be expected of a single dwelling.

"It is recognised that the appellant may have difficulty complying with the condition due to the need to reach agreement with other landowners, but this does not negate the necessity of the condition.

"The arguments which the appellant has advanced in favour of deleting the requirement to upgrade the road to an adoptable standard do not provide a clear rationale for departing from the roads development standards in a situation where the road is already substandard, and whilst the appellant has indicated a willingness to carry out some form of alternative upgrading work it is not clear what this might entail or how it could be achieved without the agreement of the other landowners."

The report goes on: "As the appellant now indicates that there is no likelihood of reaching the agreement with third party landowners necessary to comply with the condition, it would be more appropriate to refuse the application than to grant planning permission subject to repetition of condition 9.

"For these reasons it is recommended that the Council should express its view to the Scottish Ministers that the appeal should be dismissed and planning permission refused."