Planning Committee (including Former Development Management And Development Quality) - 20/06/2016

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 20th June, 2016.

Present:-

BAILIES

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Committee of 16th May, 2016 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor McGovern declared a non-financial interest in Article II(a) by virtue of the applicant being known to her in a personal capacity and left the Chamber prior to its consideration.

II PLANNING APPLICATIONS

(a) 16-00349-PPPM - LAND TO THE SOUTH OF CLATTO RESERVOIR, DALMAHOY DRIVE, DUNDEE - RENEWAL OF PLANNING PERMISSION IN PRINCIPLE (12‑00780-PPPM) FOR THE ERECTION OF A RESIDENTIAL DEVELOPMENT ON THE FORMER CLATTO WATER TREATMENT WORKS - FOR SCOTTISH WATER

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, 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 Executive Director of City Development, together with the additional condition:-

Prior to the development hereby approved commencing on site, a footway on the west side of Dalmahoy Drive (from the junction with Clatto Gardens to the junction with Garden Mill Place) shall be created to an adoptable standard, in accordance with details which have been agreed in writing by the Council. For the avoidance of doubt, details of the proposed footway shall be submitted to the Council for written approval prior to its formation on the west side of Dalmahoy Drive.

Reason:-

To provide children with a safe route to school and to enhance pedestrian safety.

(b) 16-00362-FULL - 44 GRAY STREET, DUNDEE - DEMOLITION OF EXISTING WAREHOUSES AND ERECTION OF 14 NEW DWELLINGS - FOR DEANSCROFT LTD

The Committee acceded to a request for a deputation to address the Committee in support of the proposed development. After the deputation had stated its 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 Lynn, moved refusal on the grounds that:-

(i) the proposed housing development is contrary to Policy 3; General Economic Development Areas of the Dundee Local Development Plan 2014 as the proposed use does not fall within Use Classes 4, 5 or 6 and no other uses are supported. There are no material considerations that would justify approval of the application;

(ii) the proposed development is contrary to Policy 7: High Quality Design of the Dundee Local Development Plan 2014 as the layout would provide a poor residential amenity, would adversely impact on the street scape, would not relate well to the wider area, create a permeable or inclusive place or contribute positively to the surrounding built environment. There are no material considerations that would justify approval of the application;

(iii) the proposed development is contrary to Policy 8: Housing Land Supply of the Dundee Local Development Plan 2014 as the site is not allowed in Appendix 2 and the proposal would not improve the tenure mix in an area where choice is limited. There are no material considerations that would justify approval of the application;

(iv) the proposed development is contrary to Policy 9; Design of New Housing in Appendix 3 of the Dundee Local Development Plan 2014 as the layout and design fails to meet the standards of Appendix 3 in relation to curtilage parking and privacy. There are no material considerations that would justify approval of the application;

(v) the proposed development is contrary to Policy 42: Sustainable Drainage Systems of the Dundee Local Development Plan 2014 as the application has failed to demonstrate that the development can satisfactorily be drained by a Sustainable Drainage System. There are no material considerations that would justify approval of the application; and

(vi) the proposed development is contrary to Policy 47: Environmental Protection of the Dundee Local Development Plan 2014 as the application would impact on the viability of adjacent industries in the General Economic Development Area. There are no material considerations that would justify approval of the application.

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

1. Prior to the commencement of work on site, details of all proposed finishing materials of the development hereby approved shall be submitted to the Council for written approval. Thereafter, the proposed development shall be finished in strict accordance with the details approved by this condition.

2. Development shall not begin until an updated Preliminary Risk Assessment is completed and, if required, an Intrusive Investigation and a scheme to deal with contamination at the site has been submitted to and approved in writing by the planning authority. The scheme shall contain details of proposals to deal with contamination to include:-

(i) assessment of the risks associated with contaminant sources, pathways and receptors specific to the proposed use of the site, and if necessary;

(ii) a remediation Implementation Plan detailing measures to treat/remove contamination and mitigate risks to ensure the site is fit for the proposed use;

(iii) measures to deal with contamination during construction works; and

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

3. 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.

4. Prior to the commencement of any works on site, a detailed surface water drainage/ SUDs design including drawings, calculations, full modelling, simulation results, design risk assessment and signed Dundee City Council Design and Check Certification shall be submitted to the Council for written approval. Thereafter, all works approved by virtue of this condition shall be carried out prior to the first occupation of any housing unit hereby approved.

5. Prior to the commencement of any works on site, evidence of Scottish Water technical approval for the proposed foul sewer connection, surface water drainage connection (as appropriate) and water supply for the development hereby approved shall be submitted to the Council for written approval.

6. Prior to the commencement of any works on the site, proposals for footways to be provided on Gray Street and Reids Lane ex adverso the site shall be submitted to the Council for written approval. The footways shall thereafter be completed in accordance with the approved details prior to the commencement of any works on site.

7. Prior to the commencement of work on site, details of the proposed boundary treatments and their location on the site shall be submitted to the Council for written approval. Thereafter, the erection of the boundary treatments shall be carried out in strict accordance with the details approved by this condition.

8. Prior to the commencement of work on site, drawings to illustrate additional windows on the Gray Street facing elevations of the houses on Plots 1 and 8 shall be submitted to the Council for written approval. Thereafter the approved windows shall be installed prior to the occupation of those houses.

9. All houses within 20 metres of the east boundary of the site shall be single storey in height.

Reasons:-

1. In the interests of visual amenity.

2. In the interests of providing a site suitable for residential development.

3. In the interests of providing a site suitable for residential development.

4. In the interests of flood prevention.

5. In the interest of flood prevention and to ensure the drainage arrangements/water supplies for the development are satisfactory.

6. In the interests of pedestrian safety.

7. In the interests of privacy and visual amenity.

8. In the interests of visual amenity.

9. In the interests of minimising noise impact.

On a division, there voted for the motion - the Convener, Depute Lord Provost Roberts, Bailie Scott and Councillors Hunter, Lynn, Murray, Brennan and Macpherson (8); and for the amendment - Lord Provost Duncan, Bailies Wright and Borthwick and Councillors Alexander, Black, Campbell, McDonald, Short, Keenan, Asif, Bidwell, Ferguson, Gordon and McCready (14) - whereupon the amendment was declared carried and planning permission granted.

III APPEAL DECISION - PARKVIEW, 309 BLACKNESS ROAD, DUNDEE - PHASE 3 OF HOUSINGDEVELOPMENT AT PARKVIEW

There was submitted Agenda Note AN55-2016, making reference to Article III of the minute of meeting of this Committee of 16th November, 2015, wherein the above proposal was refused planning permission contrary to the Executive Directors recommendation. The Council refused the application on the grounds that the proposed development would adversely impact on the amenity of neighbouring properties by virtue of overlooking of private garden grounds by windows serving habitable rooms and therefore was contrary to the requirements of Appendix 3 and Policy 9 of the Dundee Local Development Plan.

It was reported that the decision was subsequently appealed by the applicant and the Reporter had dismissed the appeal.

IV DELEGATED ITEMS

There was submitted Agenda Note AN56-2016 advising the Committee that from 25th April, 2016 to 26th May, 2016, 47 applications were decided under delegated powers. Eight of these applications attracted objections. Seven were approved and one was refused.

The Committee noted accordingly.

David BOWES, Convener.