Planning Committee (including Former Development Management And Development Quality) - 21/10/2013

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 21st October, 2013.

Present:-

BAILIES

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Committee of 16th September, 2013 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 13-00472-FULL - THE GLASS PAVILION, THE ESPLANADE, BROUGHTY FERRY - CONSTRUCTION OF TWO FLOORS OF RESIDENTIAL ACCOMMODATION COMPRISING SIX APARTMENTS - FOR PERTH ROAD INVESTMENTS

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

Thereafter, the Convener, seconded by Councillor Black, moved approval of the application, subject to the conditions recommended by the Director of City Development.

As an amendment, Councillor Bidwell, seconded by Bailie Scott, moved refusal of the application, on the grounds that:-

(i) the application is contrary to Policy 4: "Design of New Housing" of the Dundee Local Plan Review 2005 as there is insufficient justification for the construction of flats in this location; the parking provision fails to meet the minimum standard and the development will allow overlooking and resulting loss of privacy for adjoining residents to the west. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy. For the same reasons, the application also fails to comply with Policy 9: "Design of New Housing" of the Proposed Dundee Local Development Plan 2012;

(ii) the application is contrary to Policy 60: "Alterations to Listed Buildings" of the Dundee Local Plan Review 2005 as the excessive scale and massing of the new development will not preserve or enhance the architectural or historic interest of the listed building. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy. For the same reasons, the application also fails to comply with Section B of Policy 48: "Listed Buildings" of the Proposed Dundee Local Development Plan 2012; and

(iii) The application is contrary to Policy 55: "Urban Design" of the Dundee Local Plan Review 2005 as the excessive scale and massing of the new development will not respect the setting of the listed building. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy. For the same reasons, the application also fails to comply with Policy 7: "High Quality Design" of the Proposed Dundee Local Development Plan 2012 as the design does not complement the surrounding built environment.

On a division, there voted for the motion - the Convener, Lord Provost Duncan, Bailie Sawers and Councillors Guild, Alexander, Black, Campbell, Lynn, Melville, Murray, Ross, Gordon and McGovern (13); and for the amendment - Depute Lord Provost Roberts, Bailies Wright, Borthwick and Scott and Councillors Cordell, Hunter, McDonald, Keenan, Asif, Bidwell, Brennan, Cruickshank, Ferguson, McCready and Macpherson (15) - whereupon the amendment was declared carried.

(b) 13-00469-LBC - THE GLASS PAVILION, THE ESPLANADE, BROUGHTY FERRY - EXTENSION AND CONSTRUCTION OF TWO STOREYS OF RESIDENTIAL ACCOMMODATION - FOR PERTH ROAD INVESTMENTS

The Committee acceded to a request for a deputation to address the Committee in support of the above application. After the deputation had stated its case and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

Thereafter, the Convener, seconded by Councillor Black, moved approval of the application, subject to the conditions recommended by the Director of City Development.

As an amendment, Councillor Bidwell, seconded by Bailie Scott, moved refusal of the application, on the grounds that:-

(i) the excessive scale and massing of the proposed development fail to preserve the listed building or its setting. Therefore, in accordance with the statutory duty in Section 14 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, the application must be refused;

(ii) the application is contrary to Policy 60: "Alterations to Listed Buildings" of the Dundee Local Plan Review 2005 as the excessive scale and massing of the new development will not preserve or enhance the architectural or historic interest of the listed building. For the same reasons, the application also fails to comply with Section B of Policy 48: "Listed Buildings" of the Proposed Dundee Local Development Plan 2012; and

(iii) the application is contrary to Policy 55: "Urban Design" of the Dundee Local Plan Review 2005 as the excessive scale and massing of the new development will not respect the setting of the listed building. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy. For the same reasons, the application also fails to comply with Policy 7: "High Quality Design" of the Proposed Dundee Local Development Plan 2012 as the design does not complement the surrounding built environment.

On a division, there voted for the motion - the Convener, Lord Provost Duncan, Bailie Sawers and Councillors Guild, Alexander, Black, Campbell, Lynn, Melville, Murray, Ross, Gordon and McGovern (13); and for the amendment - Depute Lord Provost Roberts, Bailies Wright, Borthwick and Scott and Councillors Cordell, Hunter, McDonald, Keenan, Asif, Bidwell, Brennan, Cruickshank, Ferguson, McCready and Macpherson (15) - whereupon the amendment was declared carried.

(c) 13-00360-FULM - LAND TO WEST OF WRIGHT AVENUE, RIVERSIDE PARK, DUNDEE - CONSTRUCTION OF PARK AND RIDE FACILITY - FOR DUNDEE CITY COUNCIL

Councillors Campbell and Gordon declared a non-financial interest in the above item by virtue of their membership of TACTRAN, and took no part in its consideration.

The Committee acceded to requests for deputations to address the Committee both in support of and relative to objections to the above application. After the deputations had stated their case and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

The Convener moved approval of the application, subject to the conditions recommended by the Director of City Development, but failed to find a seconder, whereupon the motion fell.

Thereafter, the Committee refused the application on the grounds that:-

(i) the proposed development was contrary to Policy 66B (Protection of Other Open Space) of the Dundee Local Plan Review 2005 as it fails to meet the criteria set out within Policy 66A and is not consistent with a park masterplan, strategy or programme approved by the Council to improve the management of open space. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the provisions of the Development Plan; and

(ii) the proposal was contrary to Policy 70 (Semi-Natural Greenspaces of Local Nature Conservation Importance) of the Dundee Local Plan Review 2005 as the proposal adversely affects the nature conservation qualities of the nature park having an adverse impact on breeding birds which utilise the woodland habitat within and close to the site boundary. There are no material considerations that would justify approval of the proposal contrary to the provision of the Development Plan.

(d) LAND TO WEST OF CAMPERDOWN LEISURE PARK, DAYTON DRIVE, DUNDEE - MIXED USE DEVELOPMENT FOR VICO PROPERTIES/CARVILL HOMES

This item was withdrawn.

(e) LAND TO WEST OF CAMPERDOWN LEISURE PARK, DAYTON DRIVE, DUNDEE - ERECTION OF 83 DWELLINGHOUSES AND 14 FLATS FOR VICO PROPERTIES/CARVILL HOMES

This item was withdrawn.

(f) 13-00405-FULL - UNIT A5, KINGSWAY WEST RETAIL PARK, CLEPINGTON ROAD, DUNDEE - DEMOLITION OF EXISTING UNIT AND ERECTION OF TWO NEW RETAIL UNITS - FOR RAVENSIDE INVESTMENTS

It was reported that a request had been received for a deputation to address the Committee in support of the above application.

The Committee approved the application, subject to the conditions recommended by the Director of City Development and, in the circumstances, declined to hear the deputation.

(g) 13-00402-FULL - UNITS A3 TO A4, KINGSWAY WEST RETAIL PARK, CLEPINGTON ROAD, DUNDEE - ALTERATIONS AND EXTERNAL SALES AREA

It was reported that a request had been received for a deputation to address the Committee in support of the above application.

The Committee approved the application, subject to the conditions recommended by the Director of City Development and, in the circumstances, declined to hear the deputation.

II KINGSWAY WEST RETAIL PARK - MODIFICATION OF LEGAL AGREEMENT TO PERMIT SALE OF CLOTHING AND FOOTWEAR FROM NOT MORE THAN 1,300 SQUARE METRES OF SALES ARE OF UNIT 3

The Committee acceded to requests which had been received for deputations to address the Committee both in support of and relative to objections to the above application.

After the deputations had stated their case and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

Thereafter, there was submitted Report No 441-2013 by the Director of City Development detailing a request to modify the existing planning obligation associated with planning application D/12001 to permit clothing and footwear to be sold from not more than 1,300m2 of the sales area of Unit 3, Kingsway West Retail Park.

The Convener, seconded by Councillor Lynn, moved refusal of the request.

Councillor Hunter, seconded by Lord Provost Duncan, moved approval of the request.

On a division, there voted for the motion - the Convener, Depute Lord Provost Roberts, Bailies Sawers, Borthwick and Scott and Councillors Guild, Campbell, Cordell, Lynn, Melville, Keenan, Bidwell, Brennan, Gordon and McCready (15); and for the amendment - Lord Provost Duncan, Bailie Wright and Councillors Alexander, Black, Hunter, McDonald, Murray, Ross, Asif, Cruickshank, Ferguson, McGovern and Macpherson (13) - whereupon the motion was declared carried.

III CENTRAL CONSERVATION AREA APPRAISAL

There was submitted Agenda Note AN111-2013, making reference to Article III of the minute of meeting of the City Development Committee of 23rd September, 2013, wherein the Committee agreed to approve the Central Conservation Area Appraisal as supplementary guidance to the Local Plan Review and refer the Conservation Area Appraisal to this Committee for approval as a material planning consideration.

The Committee approved accordingly.

IV DELEGATED APPLICATIONS

There was submitted Agenda Note AN112-2013, advising that from 22nd August to 21st September, 2013, 60 applications had been decided under delegated powers. Seven of these applications had attracted objections and, of these, five had been approved and two had been refused.

The Committee noted accordingly.

David BOWES, Convener.