Planning Committee (including Former Development Management And Development Quality) - 15/08/2016

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 15th August, 2016.

Present:-

BAILIES

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Committee of 20th June, 2016 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) 16-00411-FULL - UNITS A3 AND A4 - KINGSWAY WEST RETAIL PARK, 467 CLEPINGTON ROAD, DUNDEE - CONVERSION AND ALTERATION OF EXISTING RETAIL UNIT COMPRISING EXTERNAL ALTERATIONS TO ELEVATIONS, INSTALLATION OF A MEZZANINE FLOOR AND FORMATION OF EXTERNAL SALES DISPLAY AREA TO CREATE A GARDEN CENTRE - FOR ARES MANAGEMENT AND NEXT RETAIL LTD

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 deputation 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 Lynn, moved refusal of the application, on the grounds that:-

The development, in proposing 1,321m2 of clothing and footwear sales floor space at Kingsway West Retail Park, is contrary to Scottish Planning Policy (2014), Policy 7 of TAYPlan Strategic Development Plan and Policies 23 and 24 of the Dundee Local Development Plan as it would have an adverse impact on the vitality and viability of Dundees City Centre, District Centres and Commercial Centres. The proposal would significantly undermine the established Development Plan retail strategy which aims to protect the vitality and viability of Dundees City Centre, District Centres and Commercial Centres.

In addition, it would set a precedent for additional proposals of a similar nature to the further detriment of the City Centre, District Centres, Commercial Centres and the Development Plan retail strategy. There are no material considerations that would justify approval of the application contrary to the approved and adopted Development Plan.

The applicant has failed to demonstrate that the development would have no detrimental effect on the capacity of the existing road network to the detriment of road traffic and pedestrian users and the application is contrary to Policy 55 of the Dundee Local Development Plan 2014. There are no material considerations that would justify approval of the application contrary to the approved and adopted Development Plan.

As an amendment, Councillor Macpherson, seconded by Lord Provost Duncan, moved approval of the application, subject to the conditions recommended by the Executive Director of City Development that:-

(i) prior to the commencement of work on site, details of the proposed finishing materials of the retail warehouse building and proposed extension hereby approved shall be submitted to the Council for written approval. Thereafter, the buildings shall be finished in the materials approved by this condition prior to the occupation of any part of the retail warehouse building hereby approved;

(ii) prior to the commencement of work on site, details of the proposed street furniture and boundary treatments to be installed on site shall be submitted to the Council for written approval. Thereafter, the approved street furniture and boundary treatments shall be installed prior to the occupation of the first retail warehouse building hereby approved;

(iii) the total noise from all mechanical and electrical services associated with the development hereby approved shall not exceed NR 35 during the night as measured one metre external to the facade of adjacent residential accommodation. For the avoidance of doubt, night time shall be 23.00 to 07.00 hrs;

(iv) a Sustainability Statement demonstrating the extent to which the development will meet the requirements of Policy 29 of the proposed Dundee Local Development Plan 2012 shall be submitted for the approval of the Council and the works shall be completed in accordance with the approved Statement;

(v) the external sales and display area hereby approved shall be used for the sale and display of garden furniture and items associated with garden work only; and

(vi) prior to the commencement of the development hereby approved, full details of the substation to be located on the site shall be submitted to the Council for written approval. Thereafter, the substation as approved by this condition shall be completed prior to the occupation of any part of the retail warehouse building hereby approved.

On a division, there voted for the motion - the Convener, Depute Lord Provost Roberts, Bailie Scott, Councillors Guild, Alexander, Black, Cordell Campbell, Dawson, Hunter, Lynn, Sawers, Short, Brennan, Gordon and McCready (16); and for the amendment - Lord Provost Duncan, Bailies Wright and Borthwick and Councillors McDonald, Murray, Keenan, Asif, Bidwell, Ferguson, McGovern and Macpherson (11) - whereupon the motion was declared carried and the application refused.

(b) 16-00509-FULL - 15 BARNES AVENUE, DUNDEE - FORMATION OF A DRIVEWAY AND GATE - FOR MR PETER PAGE

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

III DELEGATED ITEMS

There was submitted Agenda Note AN42-2016 advising that from 24th March, 2016 to 24th May, 2016, 47 applications were decided under delegated powers. Six of these applications attracted objections and all six applications were refused.

David BOWES, Convener.