Planning Committee (including Former Development Management And Development Quality) - 18/08/2014

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 18th August, 2014.

Present:-

BAILIES

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Committee of 16th June, 2014 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

There were no declarations of interest.

II HILLSIDE HALL, 48 DALRYMPLE STREET, DUNDEE - ERECTION OF 70 HOUSES - FOR PERSIMMON HOMES EAST

The Committee acceded to a request for a deputation to address the Committee in support of the above application ( 13-00717-FULL). After the deputation had stated its case and answered questions from members of the Committee, it was thanked for its attendance and withdrew.

Thereafter, having considered representations received, the Committee approved the application subject to the conditions recommended by the Director of City Development.

III PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN187-2014 advising of the undernoted planning appeal decisions:-

(a) B&Q, MILTON OF CRAIGIE RETAIL PARK, KINGSWAY EAST, DUNDEE - VARIATION OF A PLANNING CONDITION AND MODIFICATION OF LEGAL AGREEMENTS TO PERMIT THE SALE OF FOOD, CLOTHING, FOOTWEAR AND TOYS FROM THE B&Q UNIT

Reference was made to Article II(b) of the minute of meeting of this Committee of 12th August, 2013, wherein the Council refused the above planning application, and Article III of the minute of meeting of this Committee of 21st November, 2013, wherein the Council refused to modify the planning obligations to permit the sale of restricted goods from the premises.

The Committee had refused both the applications on the grounds that the proposals failed to demonstrate that the introduction of restricted goods sales would not undermine the Local Plan retail strategy which could result in an adverse impact on the vitality and viability of the city centre and district centres. In terms of the application to modify the legal obligations, the Committee noted that an appeal had just been lodged but 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 its meeting would represent the views of the Council on the appeal and not an actual decision on the application.

It was reported that the decision had been appealed by the applicant and the Reporter had allowed the appeals and granted consent to vary the condition and to modify the planning obligations.

(b) UNITS A1-A4, KINGSWAY WEST RETAIL PARK, DUNDEE - MODIFICATION OF LEGAL AGREEMENT TO PERMIT CLOTHING AND FOOTWEAR TO BE SOLD FROM NOT MORE THAN 1,300 SQ M OF THE SALES AREA OF UNIT 3

Reference was made to Article II of the minute of meeting of this Committee of 21st October, 2013, wherein the Council refused to modify the planning obligation on the grounds that to permit the proposed modification to allow the sale of clothes and footwear from the retail park would represent a significant shift from the Council's long established policy approach, would lead to pressure for similar proposals elsewhere and could lead to significant trade draw from the city centre and district centres. The report concluded that the Council's stated aims of maintaining the vitality and viability of the city centre and district centres would not be served by the approval of the application.

It was reported that the decision had been appealed by the applicant, and the Reporter had dismissed the appeal and refused to modify the planning obligation.

IV DELEGATED APPLICATIONS

There was submitted Agenda Note AN178-2014, advising that from 22nd April to 21st May, 2014, 97 applications were decided under delegated powers. 13 of these applications attracted objections and, of these, 12 were approved and one was refused.

The Committee noted accordingly.

David BOWES, Convener.