Planning Committee (including Former Development Management And Development Quality) - 18/11/2013

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 18th November, 2013.

Present:-

BAILIES

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Committee of 21st October, 2013 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

There were no declarations of interest.

II PLANNING APPLICATION

13-00597-FULL - 56 DUNDEE ROAD, BROUGHTY FERRY - CHANGE OF USE FROM RETAIL TO BEAUTY SALON - FOR MISS K BOYD

The Committee approved the application.

III B & Q, KINGSWAY EAST RETAIL PARK - APPLICATION TO MODIFY SECTION 50 AGREEMENT

There was submitted Report No 480-2013 by the Director of City Development relative to a request for the Committee to determine an application ( 13-00596-MDPO) to modify the terms of Schedule II of the Section 50 Agreements associated with planning applications 88/13779/D and 87/12345/D.

The proposed modifications involved a relaxation of the existing goods range restrictions at Kingsway East Retail Park to allow 10.3% of the net sales floor space of Unit 1 to be used for the sale of food, clothing and footwear, and toys.

The applicant also proposed to incorporate the floor space of the existing outdoor garden centre into the net sales floor space of the application site.

The Director advised that this application has been the subject of a purported appeal by the applicants on 12th November based on the Councils failure to determine the application. It was the view of the Council that this appeal was premature as the period for representations by interested parties had not expired on that date. The Committee agreed to determine this application as submitted, having noted that, in the event that the appeal was considered valid, then the decision taken by the Committee at this meeting would represent the views of the Council on the appeal and not an actual decision on the application.

Thereafter, the Committee agreed to refuse this request to vary the terms of the Planning Obligations and that the Planning Obligations continue to have effect without modification.

IV REQUEST FOR DIRECT ACTION AT FLAT 1/1, 93 NETHERGATE

There was submitted Report No 467-2013 by the Director of City Development seeking Committee approval for taking appropriate action to seek compliance with an Advertisement Enforcement Notice in respect of Flat 1/1, 93 Nethergate, Dundee.

The Committee authorised action under the terms of Section 26 of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 to allow the Council to enter onto land and take necessary steps to comply with the terms of the Advertisement Notice having noted that any expenses reasonably incurred by the Council in taking such action would be recovered from the landowner.

V DELEGATED ITEMS

There was submitted Agenda Note AN126-2013, advising the Committee that from 22nd September to 21st October 2013, 40 applications had been decided under delegated powers. Five of these applications had attracted objections and all five had been approved.

David BOWES, Convener.