Planning Committee (including Former Development Management And Development Quality) - 15/12/2014

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 15th December, 2014.

Present:-

BAILIES

COUNCILLORS

Councillor Will DAWSON, Convener, in the Chair.

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

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor Asif declared a financial interest in Article II(d) by virtue of having business interests in the area.

(a) 14-00514-FULM - DYKES OF GRAY, DYKES OF GRAY ROAD, DUNDEE - DEVELOPMENT OF DUNDEE WESTERN VILLAGES - FOR SPRINGFIELD PROPERTIES LTD

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, having considered objections received, 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, Bailie Borthwick, seconded by Councillor Brennan, moved refusal on the grounds that the proposal did not adequately address education provision and fell far short of what a community could reasonably expect.

On a division, there voted for the motion - the Convener, Lord Provost Duncan, Bailie Sawers, and Councillors Alexander, Black, Cordell, Lynn, Ferguson, McGovern and Macpherson (10); and for the amendment - Depute Lord Provost Roberts, Bailies Wright, Borthwick and Scott and Councillors Hunter, McDonald, Melville, Murray, Brennan, Cruickshank, Gordon and McCready (12); Councillor Campbell being absent when the vote was taken and Councillor Asif declining to vote as he had been absent during part of consideration of the application - whereupon the amendment was declared carried and planning permission refused.

(b) 14-00205-FULM - LAND TO THE WEST OF DYKES OF GRAY ROAD, DUNDEE - DEVELOPMENT OF DUNDEE WESTERN VILLAGES - FOR SPRINGFIELD PROPERTIES LTD

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, having considered objections received, 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, Bailie Borthwick, seconded by Councillor Brennan, moved refusal on the grounds that the proposal did not adequately address education provision and fell far short of what a community could reasonably expect.

On a division, there voted for the motion - the Convener, Lord Provost Duncan, Bailie Sawers and Councillors Alexander, Black, Cordell, Lynn, Asif, Ferguson, McGovern and Macpherson (11); and for the amendment - Depute Lord Provost Roberts, Bailies Wright, Borthwick and Scott and Councillors Hunter, McDonald, Murray, Brennan, Cruickshank, Gordon and McCready (11), Councillors Campbell and Melville being absent when the vote was taken - whereupon the Convener gave his casting vote in favour of the motion, which was duly approved and planning permission granted.

(c) 14-00616-FULL - 51 MAGDALEN YARD ROAD, DUNDEE - MIXED HOUSING DEVELOPMENT - FOR ROWARTH VENTURES LTD

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to 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, having considered objections received, the Committee approved the application, subject to the conditions recommended by the Director of City Development.

(d) 14-00608-FULL - WHITFIELD LABOUR CLUB, LOTHIAN CRESCENT, DUNDEE - CHANGE OF USE TO CONVENIENCE STORE, POST OFFICE - HOT FOOD TAKEAWAY - FOR PARK INVESTMENTS (DUNDEE) LTD

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

The Convener, seconded by Councillor Black, moved refusal of the application on the grounds that:-

(i) the application is not supported by and is contrary to Policy 24 of the Dundee Local Development Plan 2014 as it fails to satisfy the sequential test asset out in the Policy; the site is not edge of centre; there is no deficiency in the shopping provision to be addressed and the application fails to comply with other policies in the Plan. There are no material considerations of sufficient weight which would justify a decision contrary to this; and

(ii) the application is not supported by and is contrary to Policy 28 of the Dundee Local Development Plan 2014 due to the proximity of the proposed hot food takeaway to two proposed housing sites and the application fails to comply with other policies in the Plan. There are no material considerations of sufficient weight which would justify a decision contrary to this.

As an amendment, Councillor Gordon, seconded by Councillor Murray, moved approval of the application, subject to the conditions that:-

(i) the proposed takeaway shall only operate between 07;00 and 23;00 hrs Monday through to Saturday and between 07;00 and 22;00 hours on Sundays in order to protect the amenities of the residents of existing and proposed houses adjacent to the site;

(ii) prior to the commencement of development, full details of the proposed ventilation system for the takeaway shall be submitted to the Council for written approval. The development shall be completed in accordance with the approved details in order to ensure that a suitable ventilation system is installed to ensure any impact on the amenities of residents of existing and proposed houses adjacent to the site is minimised;

(iii) the total noise from all M&E services shall not exceed NR35 during the night as measured 1 metre external to the facade of adjacent existing and proposed residential accommodation. For the avoidance of doubt night time shall be 23:00 to 07:00 hrs in order to protect the amenities of the residents of existing and proposed houses adjacent to the site;

(iv) all deliveries, including loading, unloading or lay-up shall be between 07:00 hrs to 22:00 hrs Monday to Saturday and 09:00 hrs to 16:00 hrs Sunday in order to protect the amenities of the residents of existing and proposed houses adjacent to the site; and

(v) the proposed convenience store hereby approved shall operate as a foodstore with ancillary non food sales in order to maintain the provision of local food shopping in the interests of the local community.

On a division, there voted for the motion - the Convener, Lord Provost Duncan, Bailie Sawers and Councillors Alexander, Black, Cordell and Lynn (7); and for the amendment - Depute Lord Provost Roberts, Bailies Wright and Borthwick and Councillors Hunter, McDonald, Murray, Brennan, Cruickshank, Ferguson, Gordon, McCready and Macpherson (12); Bailie Scott and Councillors Campbell, Melville and McGovern being absent when the vote was taken and Councillor Asif having left the Chamber during its consideration - whereupon the amendment was declared carried and planning permission granted.

II DELEGATED APPLICATIONS

It was reported for the information of the Committee that from 22nd October to 21st November, 2014, 47 applications were decided under delegated powers. Eight of these applications attracted objections of this total, seven were approved and one refused.

The Committee noted accordingly.

David BOWES, Convener.