Planning Committee (including Former Development Management And Development Quality) - 12/05/2014

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 12th May, 2014.

Present:-

BAILIES

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Committee of 17th February, 2014 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor Campbell declared a financial interest in Article II(a) by virtue of his employment and left the Chamber for this item.

II PLANNING APPLICATIONS

(a) 14-00099-FULM - ASDA STORES, MILTON OF CRAIGIE RETAIL PARK, MILTON OF CRAIGIE ROAD NORTH, DUNDEE - VARIATION OF CONDITION OF PLANNING PERMISSION TO ALLOW UNRESTRICTED DELIVERIES TO THE SUPERMARKET ELEMENTS OF THE RETAIL PARK - FOR ASDA STORES LTD

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

Thereafter, having considered objections received, the Committee refused the application on the grounds that the original restrictions imposed by Condition 16 of Planning Application Ref: D13779 to allow for restricted deliveries to the supermarket element of the retail park were imposed to safeguard the amenity of surrounding residents from noise disturbance. The proposal failed to demonstrate that by allowing unlimited delivery hours the amenity of the surrounding residents would be protected. The material considerations support the retention of the original restricted hours.

(b) 14-00185-FULL - GARDEN GROUND TO SOUTH OF 42 VICTORIA ROAD, BROUGHTY FERRY - ERECTION OF SINGLE STOREY DWELLINGHOUSE IN GARDEN GROUND AND FORMATION OF NEW GATEWAY - FOR MRS A M DEANSCOURT

After considering objections received, the Committee approved the application, subject to the conditions recommended by the Director of City Development.

III KINGSWAY WEST RETAIL PARK, 467 CLEPINGTON ROAD, DUNDEE - MODIFICATION OF PLANNING OBLIGATIONS RECORDED ON 26THJUNE, 1987 AND 2ND APRIL, 1997 AND DISCHARGE OF PLANNING OBLIGATIONS RECORDED

There was submitted Report No 223-2014 by the Director of City Development detailing three applications to transfer the existing allowance for an undersized (660m2 gross floor area) electrical retail warehouse unit, currently occupied by Maplin Electronics within Phase 1 of Kingsway West Retail Park, to a new unit to be built on the site of the existing Pagazzi warehouse unit.

Reference was made to Article I of the minute of meeting of this Committee of 21st October, 2013, wherein Planning Application Ref: 13-00405-FULL was approved relative to the erection of two new retail units on the site of the exiting Pagazzi unit of Kingsway West Retail Park. One of these new units would accommodate the provision for the undersized electrical retail warehouse unit being transferred from Phase 1.

To facilitate the transfer of the undersized unit modifications to two existing planning obligations and a discharge to a variation to one of the obligations were required.

The Committee approved:-

(i) the request to discharge the planning obligation recorded on 12th October, 1990 to remove the allowance for an undersized electrical warehouse unit at Phase 1 of Kingsway West Retail Park;

(ii) the request to modify the planning obligation recorded on 26th June, 1987 to allow an electrical warehouse unit of only 1,000m2 gross floor space at Phase 1 of the Kingsway West Retail Park;

(iii) the request to modify the planning obligation recorded on 2nd April, 1997 to create an allowance for an undersized unit on the site of the existing Pagazzi warehouse unit; and

(iv) the phasing of the proposed modifications and discharge of planning obligations so that the discharge of the 1990 obligation and consequent registration with the General Register of Sasines occurs prior to the registration of the modifications to the 1987 and 1997 Obligations.

IV SITE PLANNING BRIEF, FORMER FIRE STATION, STRATHMORE AVENUE, DUNDEE

There was submitted Agenda Note AN148-2014, making reference to Article II of the minute of meeting of the City Development Committee of 24th February, 2014, wherein the Committee agreed to refer to the above-mentioned Site Planning Brief to this Committee as a material consideration in the determination of future planning applications.

The Committee noted accordingly.

V SITE PLANNING BRIEF, FORMER DOWNFIELD PRIMARY SCHOOL ANNEXE, EAST SCHOOL ROAD, DUNDEE

There was submitted Agenda Note AN149-2014, making reference to Article V of the minute of meeting of the City Development Committee of 24th March, 2014, wherein the Committee agreed to refer to the above-mentioned Site Planning Brief to this Committee as a material consideration in the determination of future planning applications.

The Committee noted accordingly.

VI APPEAL DECISION - THE GLASS PAVILION, THE ESPLANADE, BROUGHTY FERRY, DUNDEE - ERECTION OF TWO STOREYS OF RESIDENTIALACCOMMODATION ABOVE EXISTING CATEGORY C LISTED RESTAURANT (PLANNING AND LISTED

There was submitted Agenda Note AN150-2014, making reference to Articles I(a) and (b) of the Committee of 21st October, 2013, wherein the above proposal was refused planning permission and listed building consent, contrary to the Directors recommendation, because the Council considered that:

(i) the planning application contravened Policies 4, 55 and 60 of the then adopted Dundee Local Plan Review 2005 and the equivalent policies in the Proposed Dundee Local Development Plan due to the lack of justification for flats, insufficient parking and overlooking of adjoining residents and that the excessive scale and massing of the development would not preserve the architectural or historic interest of the listed building and would not respect its setting; and

(ii) the listed building application was for a development of an excessive scale and massing which would not reserve the architectural or historic interest of the listed building and would not respect its setting.

It was reported that the decisions were appealed by the applicant and had been dismissed.

VII DELEGATED APPLICATIONS

There was submitted Agenda Note AN151-2014, advising that from 22nd January, 2014, 126 applications were decided under delegated powers. 15 of these applications had attracted objections and, of these, 14 were approved and one was refused.

The Committee noted accordingly.

David BOWES, Convener.