Planning Committee (including Former Development Management And Development Quality) - 21/11/2016

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 21st November, 2016.

Present:-

BAILIES

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Committee of 24th October, 2016 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor Short declared a non-financial interest in Article II(a) by virtue of being a former employee of the applicant, left the Chamber and took no part in the debate.

Councillor Short also declared a non-financial interest in Article II(c) by virtue of the applicant being a former client of hers, and also due to her request that this application be determined by the Development Management Committee, left the Chamber and took no part in the debate.

II PLANNING APPLICATIONS

(a) 16-00392-FULM - LINLATHEN VILLAGE, LINLATHEN ROAD, BROUGHTY FERRY, DUNDEE - PROPOSED RESIDENTIAL DEVELOPMENT COMPRISING OF 150 DWELLINGHOUSES WITH ASSOCIATED INFRASTRUCTURE, ACCESS AND LANDSCAPING - FOR KIRKWOOD HOMES 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 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 Executive Director of City Development.

As an amendment, Councillor Bidwell, seconded by Councillor Brennan, moved refusal of the application, on the grounds that:-

(i) The application is contrary to Policy 8 and Appendix 2 of the Dundee Local Development Plan 2014 which states that the site is for release in the second 5 year period 2020-2024 of the Plan. The proposed development is premature and could prejudice the delivery of the Western Gateway Strategic Development Area. There are no material planning considerations of sufficient weight that would justify approval of the application contrary to the Development Plan;

(ii) The application proposed 150 houses on only part of the allocated site H71(2) in Appendix 2 of the Dundee Local Development Plan 2014 and would result in overdevelopment of the site to the detriment of the visual amenity of the surrounding area and the residential amenity of the surrounding houses. There are no material considerations that would justify approval of the application contrary to the Development Plan; and

(iii) The application is contrary to Policy 9 and Appendix 3 of the Dundee Local Development Plan 2014 as the development would fail to provide two parking spaces within the curtilage of all three bedroom houses to the detriment of the residential and visual amenity of the area. There are no material planning considerations of sufficient weight that would justify approval of the application contrary to the Development Plan.

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

(b) 16-00577-FULM - STADIUM, CAIRD PARK, MAINS LOAN, DUNDEE - PROPOSED REGIONAL PERFORMANCE CENTRE FOR SPORT AND CAIRD PARK TRAINING GROUND - FOR MR FERGUS WILSON, DUNDEE CITY COUNCIL

This item was withdrawn from the agenda.

(c) 16-00739-FULL - 3 AND 5 WHITEHALL CRESCENT, DUNDEE - CHANGE OF USE AND ALTERATION OF A VACANT OFFICE BLOCK TO FORM A HOTEL, SERVICED APARTMENTS AND ROOFTOP RESTAURANT - ASSURANCE DEVELOPMENTS LTD

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

(d) 16-00749-FULL - LAND TO EAST OF 61 MYREKIRK ROAD, DUNDEE - ERECTION OF A CLASS 1 RETAIL STORE WITH ASSOCIATED CAR PARKING, ACCESS, LANDSCAPING AND OTHER WORKS

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, 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 that 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.

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.

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.

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.

5. That the sale and display of comparison goods shall be limited to no more than 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.

The proposed food store shall not have located within it any concessionary units for the use of other businesses.

6. 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.

7. 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.

8. Prior to the commencement 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.

9. 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.

10. 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.

11. 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.

12. There shall be no drainage connections to the trunk road drainage system.

13. The food store shall have a gross floor area not in excess of 1,887m2 and a net sales area of not more than 1,254m2.

Reason(s):

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

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

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

4. To ensure a satisfactory standard of appearance.

5. To minimise the impact upon Lochee District Shopping Centre.

6. To ensure that local air quality is maintained.

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

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

9. 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.

10. 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.

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

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

13. To minimise the impact upon Lochee District Shopping Centre.

As an amendment, Councillor Lynn, seconded by Councillor Dawson, moved refusal of the application on the grounds detailed by the Executive Director of City Development.

On a division, there voted for the motion - the Convener, Lord Provost Duncan, Depute Lord Provost Roberts, Bailies Sawers, Wright, and Borthwick and Councillors Guild, Alexander, Black, Campbell, Hunter, McDonald, Murray, Ross, Short, Keenan, Bidwell, Brennan, Cruickshank, Ferguson, Gordon, McCready and Macpherson (23); and for the amendment - Bailie Scott and Councillors Cordell, Dawson and Lynn (4) - Councillor Asif declining to vote - whereupon the motion was declared carried.

David BOWES, Convener.