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The Council's reasons for refusal of the application

The strength of these reasons raises serious questions concerning the recommendation of the Council's planning officials that permission be granted. Download the officials' report (.pdf) »

1. The proposed development would by reason of scale and massing result in an intrusive form of development out of keeping with the existing buildings in the vicinity of the site contrary to Policy DQ2 and DQ2A of the East Dunbartonshire Local Plan. Policy DQ2A (a) states that particular regard should be given to the "Scale, massing, materials, fenestration - especially on prominent frontages and at corner sites". The scale of the proposed building is considerably larger and more prominent than either the existing supermarket or any surrounding buildings in the context of the area and as a result creates a significant detrimental visual intrusion to the area particularly to the street scene along Woodburn Way.
2. Policy HE7 of the East Dunbartonshire Local Plan, states that, "developments outwith a Conservation Area, but which could affect its visual setting, must also be sympathetic to the special character of the area." Additionally, Policy DQ2A (a) states that "Developments should generally take recognition of, and reinforce or complement the character of their surrounds". The proposed development by virtue of its size, siting and design would have an adverse impact on the adjacent Milngavie Town Centre Conservation Area and considerably detract from the setting and established character of the area.
3. Policy HE5 indicates that the Council will protect the setting of listed buildings and it is considered that this proposal will have an adverse effect on the setting of the Gavin's Mill Listed Building by virtue of its size, scale and visual dominance.
4. The proposal would be contrary to the retail policies of the East Dunbartonshire Local Plan, in particular policy RET 2. Policy RET2 supports development within town centres as long as it can be demonstrated to accord with certain criteria. In terms of those criteria, it is considered that the proposed development would not "a) sustain or enhance the vitality and viability" of Milngavie Town Centre and would not "b) be in keeping with the scale and character" of Milngavie Town Centre. In addition, the proposal would also conflict with the criterion of the Structure Plan Schedule 6(c)(i)(d) which seeks the improvement of the vitality or viability of town centres.
5. In terms of the retailing provisions of the SPP, when a proposed retail or commercial leisure development is contrary to the development plan, planning authorities should ensure that there is no unacceptable cumulative impact on the vitality and viability of the identified network of centres. The proposed development would have a detrimental impact on Bearsden Town Centre.
6. The approval of the proposed development would increase traffic movements in the area and will increase traffic congestion to the detriment of the local road network. Additionally, the increase in traffic would have an adverse effect on air quality, both locally and within the surrounding area.