Planning Committee (including Former Development Management And Development Quality) - 15/06/2015

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 15th June, 2015.

Present:-

BAILIES

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Committee of 11th May, 2015 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor Macpherson declared a non-financial interest in Article II(b) by virtue of being a friend of the applicant and left the Chamber during its consideration.

II PLANNING APPLICATIONS

(a) 15-00142-FULL - LOCK-UPS, 5 TO 7 UNION PLACE, DUNDEE - ERECTION OF THREE HOUSES FOR GLENMOHR DEVELOPMENTS

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

(b) 15-00185-FULL - SITE OF TWO TOWER COURT, RALSTON ROAD, BROUGHTY FERRY, DUNDEE - ERECTION OF DWELLINGHOUSE AND GARAGE - FOR MR A J DENDOCHY

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 cases and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

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

(c) 15-00167-FULL - FORMER UNIT THREE, STACK LEISURE PARK, HAREFIELD ROAD, DUNDEE - RETAIL AND GYM DEVELOPMENT - FOR SPORTS DIRECT/T J MORRIS LTD

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.

Councillor Ferguson, seconded by Lord Provost Duncan, moved approval of the application subject to the conditions that:-

(i) the development hereby approved shall only operate as a mixed use Class 1 (Shops) and Class 11 (Assembly and Leisure) development with associated ancillary uses;

(ii) the operation of the Class 1 (Shops) element shall only operate in conjunction with the approved Class 11 (Assembly and Leisure) use. For the avoidance of doubt, the Class 1 (Shops) element of the development hereby approved shall not operate outwith the operating hours of the Class 11 (Assembly and Leisure) use;

(iii) the development shall comprise of no greater than 2,787sqm of Class 1 (Shops) gross internal floorspace;

(iv) the Class 1 (Shops) element of the development hereby approved shall be restricted to the selling of sports wear, sports footwear and sports goods only;

(v) development shall not begin until the investigation and risk assessment proposed in the submitted Stage I Desk Study are completed and, if necessary, a remediation strategy to deal with any contamination at the site has been submitted to and approved in writing by the planning authority.

The strategy shall contain proposals to deal with contamination to include:-

(i) the nature, extent and type(s) of contamination on the site.

(ii) measures to treat/remove contamination to ensure the site is fit for the use proposed and does not contain any significant pollution linkages.

(iii) measures to deal with contamination during construction works.

(iv) verification of the condition of the site on completion of decontamination measures.

(vi) before any unit is occupied, the remediation strategy, if required, shall be fully implemented and a verification report with relevant documentation demonstrating that the objectives of the remediation strategy have been achieved shall be submitted to and approved by the planning authority;

(vii) the total noise from the mechanical and electrical plant/services shall not exceed NR45 during day-time and shall not exceed NR35 during night-time, as measured one metre external to the facade of adjacent residential property. NR45 is applicable for the period 07:00 to 23:00 hours and NR35 is applicable for 23:00 to 07:00 hours;

(viii) all deliveries, including loading, unloading or lay-up, shall be between 07:00 to 21:00 hours Monday to Saturday and 09:00 to 16:00 hours Sunday;

(ix) music shall be so controlled as to be inaudible within any adjacent residential property with windows open in a typical manner for ventilation;

(x) prior to the commencement of development on site, full drainage design proposals and calculations/modelling for the development to be submitted for written approval by the Planning Authority and the development shall be completed in accordance with the approved details prior to the operation of the unit. All details shall comply with Sewers for Scotland 2, CIRIA C697, The SUDS Manual and The Water Environment (Controlled Activities) (Scotland) Regulations 2011 with cognisance taken of GBR 10. The applicant shall also submit evidence of Scottish Water's Technical Approval to connect prior to the commencement of development on site;

(xi) prior to the commencement of development on site, copies of completed/signed Dundee City Council 'Design Compliance', Independent Check' and 'Future Maintenance' Certificates shall be submitted to the Planning Authority for written approval;

(xii) prior to the commencement of development on site, full details of all new and replacement finishing materials shall be submitted to the Planning Authority for written approval. For the avoidance of doubt, this shall include all new and replacement external finishing materials, including materials used for the car park;

(xiii) prior to the commencement of development on site, a scheme of landscaping shall be submitted to the Planning Authority for written approval, including details of new planting, soft landscaping and provision for bicycle parking facilities. The approved landscaping scheme shall be fully implemented prior to the operation of the unit. Any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within five years of planting shall be replaced by trees or shrubs of similar size and species to those originally required to be planted in terms of this condition; and

(xiv) prior to the occupation of the development hereby approved, the environmental improvements to enhance the connectivity between the Stack and Lochee District Centre as detailed in the Masterplan dated June, 2013 shall be completed in full.

Reason

The proposed Class 1 (Shops) and Class 11 (Assembly and Leisure) mixed use development is considered to be acceptable by virtue of its nature and size, and its location within The Stack, and will not give rise to any significant detrimental impact on existing retailing centres.

As an amendment, the Convener moved refusal of the application on the grounds detailed by the Director of City Development, but failed to find a seconder, whereupon the amendment fell, and the motion was carried, and the application approved.

(d) 15-00208-FULL - 61 CAMPHILL ROAD, BROUGHTY FERRY, DUNDEE - ERECTION OF TWO STOREY EXTENSION - FOR MR A LOWRIE

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

(e) 15-00177-PPPM - VALENTINE WORKS FORMER FACTORY, KINNOULL ROAD, DUNSINANE INDUSTRIAL ESTATE - VARIATION OF CONDITION TWO OF PLANNING PERMISSION 12-00367-PPPM, FOR A MIXED USE DEVELOPMENT TO ALLOW INCREMENTAL DEVELOPMENT OF THE SITE - FOR GLADMAN DEVELOPMENTS LTD

The Committee approved the application subject to the conditions recommended by the Director of City Development.

III DELEGATED ITEMS

There was submitted Agenda Note AN149-2015, advising of the Committee that from 22nd April to 21st May, 2015, 54 applications were decided under delegated powers. Five of these applications had attracted objections and of these four had been approved and one had been refused.

The Committee noted accordingly.

David BOWES, Convener.