Planning Committee (including Former Development Management And Development Quality) - 17/08/2015

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 17th August, 2015.

Present:-

BAILIES

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Committee of 15th June, 2015 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

There were no declarations of interest.

II PLANNING APPLICATIONS

(a) 15-00391-FULM - FORMER DUNDEE COLLEGE, 30 CONSTITUTION ROAD, DUNDEE - REDEVELOPMENT AND CHANGE OF USE OF FORMER COLLEGE SITE TO MIXED USE DEVELOPMENT - FOR WHITEBURN PROJECTS

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) 15-00404-FUL - LAND TO EAST OF 61 MYREKIRK ROAD, DUNDEE - ERECTION OF RETAIL FOODSTORE WITH ASSOCIATED WORKS - FOR ALDI STORES 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.

Thereafter, having considered objections received, the Convener, seconded by Councillor Lynn, moved refusal of the application on the grounds detailed by the Director of City Development.

As an amendment, Councillor Ross, seconded by Lord Provost Duncan, moved approval of the application, subject to the conditions that:-

(1) Development shall not begin until further investigation and risk assessment are completed and 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.

Reason: In order to ensure that the site is fit for the use proposed.

(2) Before any unit is occupied the remediation strategy 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.

Reason: In order to ensure that the site is fit for the use proposed.

(3) That total noise from all mechanical and electrical services shall not exceed NR35 during the night as measured one metre external to the facade of any residential property. For the avoidance of doubt, night time shall be from 23:00hrs to 07:00hrs.

Reason: In order to protect the amenity of any nearby residential occupiers.

(4) Prior to the commencement of any development full details of public art provision for the development shall be submitted to and approved in writing by the planning authority. For the avoidance of doubt, the public art provision shall be completed only in full accordance with such approved details prior to the first use of the unit or within such a further period of time that has been agreed, in writing, with the planning authority.

Reason: To ensure a satisfactory standard of appearance.

(5) That the sale and display of comparison goods shall be limited to no more that 30% of the net sales area of the store, subject to a limitation that no single group of goods from the following list (a) to (h) inclusive shall occupy more than 50% of the said sales area floor space devoted to the sale of comparison goods, the said listing being as follows:-

(a) Books;

(b) Clothing and Footwear;

(c) Furniture, Floor Coverings and Household Textiles;

(d) Radio, Electrical and other Durable Goods;

(e) Hardware and DIY Supplies;

(f) Chemist Goods;

(g) Jewellery, Silverware, Watches and Clocks; and

(h) Recreational and other Miscellaneous Goods.

(6) That the proposed foodstore shall not have located within it any concessionary units for the use of other businesses.

Reason: To minimise the impact upon Lochee District Shopping Centre.

(7) Before any work on the site is begun, an assessment of the impact of emissions to air from or associated with the development, including associated road transport, construction and demolition, carried out by a method agreed by the planning authority shall be submitted to and approved in writing by the planning authority. The assessment report shall make reference to the standards and objectives of the National Air Quality Strategy. Where the development is assessed as having an adverse impact on local air quality, including that of any Air Quality Management Area, mitigation measures shall be specified in the report. The approved mitigation measures shall be completed before the use of the development commences.

Reason: To ensure that local air quality is maintained.

(8) No direct vehicular access to the site from the A90 trunk road shall be permitted during either the construction or operational phase of the development.

Reason: To ensure that the safety of the traffic on the trunk road is not diminished.

(9) Prior to the commence of any development on site a comprehensive Travel Plan that sets out proposals for reducing dependency on the private car shall be submitted to and approved in writing by the planning authority, in consultation with Transport Scotland Trunk Road and Bus Operations. The Travel Plan shall identify measures to be implemented; the system of management, monitoring, review and reporting; and the duration of the plan.

Reason: To be consistent with the requirements of SPP17: Planning for Transport.

(10) Details of the lighting within the site shall be submitted for the approval of the Planning Authority, after consultation with Transport Scotland, as the Trunk Roads Authority.

Reason: To ensure that there will be no distraction or dazzle to drivers on the trunk road and that the safety of the traffic on the trunk road will not be diminished.

(11) Prior to commencement of development, details of the frontage landscaping treatment along the trunk road boundary shall be submitted to, and approved by, the Planning Authority, after consultation with Transport Scotland TRBO.

Reason: To ensure that there will be no distraction to drivers on the trunk road, and that the safety of the traffic on the trunk road will not be diminished.

(12) Prior to the occupation of any of the consented development, a barrier/boundary feature of a type approved by the planning authority, in consultation with Transport Scotland (TS-TRBO), shall be provided and maintained along the proposed boundary of the site with the A90 trunk road.

Reason: To minimise the risk of pedestrians and animals gaining uncontrolled access to the trunk road with the consequential risk of accidents.

(13) There shall be no drainage connections to the trunk road drainage system.

Reason: To ensure that the efficiency of the existing trunk road drainage network is not affected.

(14) The foodstore shall have a gross floor area not in excess of 1,887m2 and a net sales area of not more than 1,254m2.

Reason: To minimise the impact upon Lochee District Shopping Centre.

On a division, there voted for the motion - the Convener, Bailie Scott and Councillors Dawson, Hunter, Lynn and Depute Lord Provost Roberts (6); and for the amendment - Lord Provost Duncan, Bailies Wright and Borthwick and Councillors Guild, Alexander, Black, Campbell, Cordell, Murray, Ross, Keenan, Bidwell, Brennan, Cruickshank, Ferguson, Gordon, McCready and Macpherson (18) - Councillor Asif declining to vote - whereupon the amendment was declared carried and planning permission granted.

III APPEAL DECISION

SITE OF DOUGLAS HOUSE, BALUNIE DRIVE, DUNDEE - PROPOSED CHILDRENS NURSERY AND BUSINESS START-UP/COMMUNITY HUB WITH ASSOCIATED CAR PARKING AND EXTERNAL MULTI-USE GAMES AREA

There was submitted an Agenda Note AN164-2015, making reference to Article II(b) of the minute of meeting of this Committee of 17th November, 2014, wherein the above proposal was refused planning permission contrary to the Directors recommendation. The Council refused the application on the grounds that it did not satisfy Policy 16 of the Dundee Local Development Plan as it would have a substantial effect on the environmental quality enjoyed by local residents due to parking, traffic movements and noise disturbance.

It was reported that the decision was subsequently appealed by the applicant and had been dismissed and planning permission refused.

IV DELEGATED ITEMS

There was submitted Agenda Note AN159-2015, advising the Committee that from 22nd May, 2015 to 21st June, 2015, 75 applications were decided under delegated powers. Ten of these applications had attracted objections and, of these, nine were approved and one was refused.

The Committee noted accordingly.

David BOWES, Convener.