Planning Committee (including Former Development Management And Development Quality) - 22/10/2012

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 22nd October, 2012.

Present:-

BAILIES

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Committee of 17th September, 2012 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor Keenan declared a non-financial interest in Article II(c) by virtue of his employer being involved in the production of ATM machines.

II PLANNING APPLICATIONS

(a) 12-00371-FULM - PROPOSED DEVELOPMENT OF 174 FLATS INCLUDING THE CONVERSION OF A 'B' LISTED MILL AND DEMOLITION OF SOME LISTED STRUCTURES ON SITE - FOR CRAIGIE ESTATES LTD

Having considered objections received, the Committee approved the application, subject to the condition recommended by the Director of City Development.

(b) 12-00367-PPPM - MIXED USE DEVELOPMENT COMPRISING CLASS FOUR BUSINESS USE, WHOLESALE CASH AND CARRY USE, TRADE COUNTER USE, CAR SHOWROOM USE, AUTOCARE (MOTOR VEHICLE MAINTENANCE) USE, PUBLIC HOUSE, RESTAURANT AND HOTEL USE WITH CAR PARKING, ACCESS, ENVIRONMENTAL IMPROVEMENTS AND OTHER ASSOCIATED WORKS FOR GLADMAN DEVELOPMENTS LTD

The Committee approved the application, subject to the undernoted conditions:-

(i) Prior to the commencement of any development on-site, the approval of the Council shall be obtained in writing for the following details: the siting of the building(s), the design of the building(s), the external appearance of the building(s), the means of access to the building(s), the landscaping of the site and the proposed boundary enclosures, in order to ensure the design and layout will provide high standards of development which will complement the high quality of the location of this site;

(ii) Before any unit is occupied, the remediation requirements previously agreed in association with application 08/00076/FUL and proposed in the submitted review and summation of works shall be fully implemented and a verification report with relevant documentation demonstrating that the objectives of the remediation strategy have been achieved shall be submitted to and approved by the Planning Authority in order to ensure the site is suitable for the use proposed;

(iii) A barrier of a type approved by the Planning Authority, after consultation with the Roads Authority, shall be provided and maintained by the developer or subsequent owner of the land along the boundary of the site with the trunk road to ensure that the movement of traffic and pedestrians is confined to the permitted means of access thereby lessening the danger to and interference with the free flow of traffic on the trunk road;

(iv) No part of the development shall be occupied until a comprehensive travel plan that sets out proposals for reducing dependency on the private car has been submitted and approved in writing by the Planning Authority, in consultation with Transport Scotland TRBO. In particular, this travel plan shall identify measures to be implemented, the system of management, monitoring, review, reporting and the duration of the plan to be consistent with the requirements of Scottish Planning Policy (SPP) and PAN 75 Planning for Transport;

(v) Prior to the commencement of works hereby approved, the recommendations set out in Table 17 - Fugitive Dust Mitigation Measures as detailed in the Air Quality Assessment dated 12th June, 2012 shall be fully implemented to the satisfaction of the Council in order to ensure the site is suitable for the use proposed; and

(vi) Once the hotel is built and as and when 80% of the existing office space is occupied, the developer will construct the second phase of office development comprising of c9,700 sq ft NIA and a third phase of office development comprising of c9,000 sq ft NIA once phase 1 and 2 are 80% occupied as the revenue from the hotel development will be reinvested into the next phase of office development but in a manner which ensures there is not an over-supply of potentially vacant office space on site.

(c) 12-00539-FULL - INSTALLATION OF EXTERNAL ATM - FOR A G GRANT CONSTRUCTION LTD

The Committee approved the application.

III SECTION 75 OBLIGATION - PERTH ROAD, DUNDEE

The Committee acceded to a request for a deputation to address the Committee in support of the above application (Ref: 12/00360/MDPO). After the deputation had stated its case and answered questions from members of the Committee, it was thanked for its attendance and withdrew.

Thereafter, there was submitted Report No 405-2012 by the Director of City Development advising of an application to modify the terms of a Section 75 Agreement to remove the restriction on the use as HMOs of 14 flats and one house in a development which was approved by planning permission 10/00092/FULL and replace it with a restriction for student housing.

Clause 3.1, the subject of this application, was as follows:-

(i) "Use of the Subjects or any part thereof as a House in Multiple Occupation is prohibited now and in all time coming";

The interpretation of the meanings of the words in the obligation were as follows:-

(i) "House" includes/means any part of a building, being a part which is occupied or intended to be occupied as a separate dwelling and in particular includes a flat;

(ii) "House in Multiple Occupation" means a house occupied by more than two Qualifying Persons, being persons who are not all members of the same family; and

(iii) "Qualifying Persons" means persons whose only or principal residence is the House in Multiple Occupation, and for that purpose a person undertaking a full-time course of further or higher education who resides during term-time in a house shall, during the period of that person's residence, be regarded as residing there as his only or principal residence.

The application sought approval for the following modification to Clause 3.1 in respect of the application properties only:-

(i) "The Properties for Student Occupation shall be used and occupied only by students enrolled in and undertaking a full-time course of study at one of the establishments situated within the local government area of Dundee providing higher education or further education and for no other purpose whatsoever. At any time during a vacation period, the properties for student occupation shall be used and occupied only by students as aforesaid or business conference or recreational visitors to the city of Dundee in association with business, educational conference or tourist events and for no other purpose whatsoever".

(ii) "Further Education" shall have the meaning attributed to this term by the Education (Scotland) Act 1980 and the Further and Higher Education (Scotland) Act 1992 and any amendment thereto;

(iii) "Higher Education" shall have the meaning attributed to this term by the Further and High Education (Scotland) Act 1982 and any amendment thereto;

(iv) "A Vacation Period" means any vacation period of any one of the establishments situated within the city of Dundee providing higher education or further education; and

(v) "Properties for Student Occupation" means the properties comprising 19, 23A, 23B, 23C, 23D, 23F, 23G, 25A, 25B, 25C, 25D, 25E, 25F and 25G Perth Road, Dundee

The Committee approved the application on the basis of and for the reasons set out in the report and noted that the planning obligation would have effect, subject to the modifications specified in the application.

IV PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN165-2012 advising of the undernoted planning appeal decision.

(a) 2 BLINSHALL STREET, DUNDEE - CONSENT TO DISPLAY ADVERTISEMENT

Reference was made to the decision of the Council on 28th June, 2012 under powers delegated to the Director of City Development to refuse advertisement consent for the above proposal. The Council considered that the advertisement, because of its size, form and position, appeared conspicuous and intrusive and would neither improve nor enhance but instead would be detrimental to the visual amenity of the area. It was therefore considered that the proposed advertisement was contrary to Policy 63 (Advertising) of the Dundee Local Plan Review 2005.

The decision was appealed by the applicant under the provisions of Section 182 of the Town and Country Planning (Scotland) Act 1997 and Regulation 21 of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984.

The appeal was determined by written representations and the decision was received by the Council on 19th September, 2012. Copies of the Reporter's decision letter have already been circulated to members by e-mail.

The Reporter DISMISSED the appeal.

In reaching his decision, the Reporter considered that the determining issue was whether the proposed display would be contrary to the interest of the amenity. He felt that although the sign was well designed in itself, it had the appearance of a temporary feature and over dominated the relatively narrow facade. He stated that it was close by and visible from nearby conservation areas and detracted from their character. Finally, he considered that the presence of other unauthorised signs in the vicinity of the site did not alter his opinion that the appeal proposal would not be appropriate.

Enforcement action has now commenced to secure the removal of this unauthorised sign and other unauthorised signage in the vicinity.

V DELEGATED APPLICATIONS

There was submitted Agenda Note AN166-2012 advising that from 22nd August to 21st September, 2012, 51 applications were decided under delegated powers. Seven of these applications attracted objections and, of these, six were approved and one was refused.

David BOWES, Convener.