Planning Committee (including Former Development Management And Development Quality) - 17/04/2017

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 17th April, 2017.

Present:-

BAILIES

COUNCILLORS

Councillor Jimmy BLACK, Depute Convener, in the Chair.

The minute of meeting of this Committee of 20th March, 2017 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor Asif made a financial declaration in respect of item II(c) by virtue of being the applicant for this development, left the Chamber and took no part in the debate.

II PLANNING APPLICATIONS

(a) 16-01046-FULL LAND TO THE EAST OF DISCOVERY CENTRE, FULTON ROAD, GOURDIE INDUSTRIAL ESTATE, DUNDEE PROPOSED COFFEE SHOP WITH DRIVE THROUGH, ASSOCIATED PARKING AND INFRASTRUCTURE FOR KILMAC (FULTON ROAD) 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, Councillor Keenan, seconded by Councillor Lynn, moved refusal of the application on the grounds detailed by the Executive Director of City Development.

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

(i) Development shall not begin until the remediation strategy to deal with ground gas 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:-

(a) the nature, extent and type(s) of contamination on the site;

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

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

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

(ii) 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.

(iii) The total noise from the mechanical and electrical plant shall not exceed NR35 during night‑time, as measured one metre external to the facade of adjacent residential property. Night-time hours are 23:00 to 07:00 hours.

(iv) Servicing and deliveries, including loading, unloading or lay-up shall not take place between 23:00 and 07:00 hours.

(v) A unclimbable barrier/fence of a type approved by the Planning Authority, after consultation with the Roads Authority, shall be provided and maintained by the developer or subsequent owner of the land along the boundary of the site with the trunk road.

(vi) There shall be no means of direct access to the trunk road either pedestrian or vehicular.

(vii) Details of the proposed vehicle access including proposed road markings must be agreed prior to any works on site and the access must be formed and constructed as a Type C junction to Dundee City Council standards and specifications.

(viii) Details of required amendments to street lighting system must be provided by the applicant to Dundee City Council standards and specifications.

(ix) An electric car charging point shall be provided at a location to be approved prior to opening of the development.

(x) The hard surface within the curtilage should be made of porous materials or provision should be made to direct run off water from the hard surface to a permeable or porous area or surface within the curtilage of the site.

(xi) The applicant must provide a disposal route for road surface water to the satisfaction of Dundee City Council which discharges to a system publicly maintained/ maintainable by the relevant authority.

(xii) Prior to the commencement of the development hereby approved, full details of the proposed means of heat and emergency power to the building, including details of any boilers, flues or extracts or other similar related works shall be submitted to and approved in writing by the planning authority. An air quality assessment may also be needed depending on the size, location and fuel type of any combustion appliances. Thereafter, the development shall be implemented in accordance with the approved details and be maintained as such.

(xiii) 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, signed Dundee City Council Design Compliance and Independent Check Certification, and where appropriate SEPA comments 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 the development hereby approved.

(xiv) Prior to the commencement of any works on site, maintenance responsibilities along with a maintenance schedule for the surface water drainage system/SUDS features shall be submitted to the Council for written approval. Thereafter, all works approved by virtue of this condition shall be carried out in perpetuity.

(xv) Prior to the commencement of any works on site, a Flood Risk Assessment and Dundee City Council Compliance and Independent Check Certification shall be prepared and submitted to the Council and SEPA for written approval. Any recommendations contained within the Flood Risk Assessment must be implemented thereafter prior to occupation of the development.

(xvi) The Class 1 use element hereby approved shall be restricted to the sale of cold food and drink for consumption off the premises and ancillary merchandise only.

Reasons

(i) In the interests of providing a site suitable for development.

(ii) In the interests of providing a site suitable for residential development.

(iii) In the interest of residential amenity.

(iv) In the interest of residential amenity.

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

(vi) To ensure that the movement of traffic and pedestrians is confined to the permitted means of access thereby lessening the danger to and interference with the free flow of traffic on the trunk road.

(vii) In the interests of vehicle and pedestrian safety.

(viii) In the interests of vehicle and pedestrian safety.

(ix) In the interests of sustainable travel measures.

(x) To ensure that surface water from within the curtilage of the site does not drain to the adjacent adopted road.

(xi) To ensure an appropriate and publicly maintainable system is provided.

(xii) To meet Air Quality requirements.

(xiii) In the interests of flood protection.

(xiv) In the interests of flood prevention and visual amenity.

(xv) In the interests of flood protection.

(xvi) In order to prevent open Class 1 retail sales from the site.

Informative

A Vehicular Access (VA) application must be submitted to Dundee City Council as Roads Authority for work on the adjacent public road or footway and consent for this must be obtained prior to the commencement of any work on the public road or footway.

On a division, there voted for the motion - Bailies Wright and Scott and Councillors Campbell, Dawson, Lynn, Keenan, Bidwell, Brennan, Gordon, McCready (10); and for the amendment - Lord Provost Duncan, Depute Lord Provost Roberts, Bailies Sawers and Borthwick, the Depute Convener and Councillors Guild, Alexander, Cordell, Hunter, McDonald, Murray, Ross, McGovern, Asif and Macpherson (15) - whereupon the amendment was declared carried.

(b) 16-01047-FUL LAND TO THE EAST OF DISCOVERY CENTRE, FULTON ROAD, GOURDIE INDUSTRIAL ESTATE ERECTION OF RESTAURANT WITH BAR (CLASS 3) AND ASSOCIATION ACCOMMODATION - FOR KILMAC (FULTON ROAD) 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, Councillor Ross, seconded by the Depute Lord Provost, moved approval of the application, subject to the conditions that:-

(i) Development shall not begin until the remediation strategy to deal with ground gas 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:-

(a) the nature, extent and type(s) of contamination on the site;

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

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

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

(ii) 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.

(iii) The total noise from the mechanical and electrical plant shall not exceed NR35 during night-time, as measured one metre external to the facade of adjacent residential property. Night-time hours are 23:00 to 07:00 hours.

(iv) Servicing and deliveries, including loading, unloading or lay-up shall not take place between 23:00 and 07:00 hours.

(v) A unclimbable barrier/fence of a type approved by the Planning Authority, after consultation with the Roads Authority, shall be provided and maintained by the developer or subsequent owner of the land along the boundary of the site with the trunk road.

(vi) There shall be no means of direct access to the trunk road either pedestrian or vehicular.

(vii) Details of the proposed vehicle access, including proposed road markings, must be agreed prior to any works on site and the access must be formed and constructed as a Type C junction to Dundee City Council standards and specifications.

(viii) Details of required amendments to street lighting system must be provided by the applicant to Dundee City Council standards and specifications.

(ix) An electric car charging point shall be provided at a location to be approved prior to opening of the development.

(x) The hard surface within the curtilage should be made of porous materials or provision should be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the site.

(xi) The applicant must provide a disposal route for road surface water to the satisfaction of Dundee City Council which discharges to a system publicly maintained/ maintainable by the relevant authority.

(xii) Prior to the commencement of the development hereby approved, full details of the proposed means of heat and emergency power to the building, including details of any boilers, flues or extracts or other similar related works shall be submitted to and approved in writing by the Planning Authority. An air quality assessment may also be needed depending on the size, location and fuel type of any combustion appliances. Thereafter, the development shall be implemented in accordance with the approved details and be maintained as such.

(xiii) 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, signed Dundee City Council Design Compliance and Independent Check Certification, and where appropriate SEPA comments 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 the development hereby approved.

(xiv) Prior to the commencement of any works on site, maintenance responsibilities along with a maintenance schedule for the surface water drainage system/SUDS features shall be submitted to the Council for written approval. Thereafter, all works approved by virtue of this condition shall be carried out in perpetuity.

(xv) Prior to the commencement of any works on site, a Flood Risk Assessment and Dundee City Council Compliance and Independent Check Certification shall be prepared and submitted to the Council and SEPA for written approval. Any recommendations contained within the Flood Risk Assessment must be implemented thereafter prior to occupation of the development.

Reasons

(i) In the interests of providing a site suitable for development.

(ii) In the interests of providing a site suitable for residential development.

(iii) In the interest of residential amenity.

(iv) In the interest of residential amenity.

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

(vi) To ensure that the movement of traffic and pedestrians is confined to the permitted means of access thereby lessening the danger to and interference with the free flow of traffic on the trunk road.

(vii) In the interests of vehicle and pedestrian safety.

(viii) In the interests of vehicle and pedestrian safety.

(ix) In the interests of sustainable travel measures.

(x) To ensure that surface water from within the curtilage of the site does not drain to the adjacent adopted road.

(xi) To ensure an appropriate and publicly maintainable system is provided.

(xii) To meet Air Quality requirements.

(xiii) In the interests of flood protection.

(xiv) In the interests of flood prevention and visual amenity.

(xv) In the interests of flood protection.

Informative

A Vehicular Access (VA) application must be submitted to Dundee City Council as Roads Authority for work on the adjacent public road or footway and consent for this must be obtained prior to the commencement of any work on the public road or footway.

Thereafter, Councillor Ross, seconded by the Lord Provost, moved that the application be approved.

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

On a division, there voted for the motion Lord Provost Duncan, Depute Lord Provost Roberts, Bailies Sawers and Borthwick, the Depute Convener and Councillors Guild, Alexander, Hunter, McDonald, Murray, Ross, McGovern, Asif and Macpherson (14); and for the amendment Bailies Wright and Scott, and Councillors Campbell, Cordell, Dawson, Lynn, Keenan, Bidwell, Brennan, Gordon, McCready (11) - whereupon the motion was declared carried.

(c) 17-00052-FULL WELLINGTON HOUSE, 7 WELLINGTON STREET, DUNDEE ERECTION OF A SINGLE STOREY EXTENSION FOR MR MOHAMMED ASIF

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

(d) DOWNFIELD PARK FOOTBALL GROUND, BALGOWAN AVENUE, DUNDEE PART CHANGE OF FOOTBALL PREMISES TO CONVENIENCE STORE AND BEAUTY SALON FOR MR ALEX DUNCAN

This application was withdrawn.

(e) 17-00083-LBC 5 BANK STREET, DUNDEE ALTERATIONS TO LISTED BUILDING TO FORM CAFE FOR MR L CHADWICK

The Committee acceded to a request for deputations to address the Committee in support of 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, Councillor Lynn, seconded by Councillor Bidwell, moved that the application be approved, subject to the conditions recommended by the Executive Director of City Development. As an amendment, Councillor Gordon, seconded by Bailie Scott, moved refusal of the application on the grounds that the proposal would have an adverse impact on the character and appearance of the Category B-Listed building.

On a division, there voted for the motion - Lord Provost Duncan, Depute Lord Provost Roberts, Bailies Sawers and Borthwick, the Depute Convener and Councillors Alexander, Campbell, Cordell, Dawson, Lynn, McDonald, Murray, Ross, Bidwell, McCready, McGovern and Macpherson (17); and for the amendment Bailies Wrights and Scott and Councillors Guild, Hunter, Keenan, Brennan, Gordon and Asif (8) whereupon the motion was declared carried.

(f) 17-00085-FULL 5 BANK STREET, DUNDEE CHANGE OF USE FROM FOUR STOREY B-LISTED BUILDING FROM OFFICES TO A CAFE AND ASSOCIATED ALTERATIONS FOR MR L CHADWICK

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

(g) 17-00086-LBC 5 BANK STREET, DUNDEE CHANGE OF USE FROM OFFICES TO A LICENSED RESTAURANT INCLUDING A CONTEMPORARY GLASS SINGLE REAR EXTENSION DESIGNED TO SUSPEND ABOVE GROUND WITHIN THE A‑LISTED THE HOWFF LOCATED TO THE REAR OF THE APPLICATION SITE FOR MR L CHADWICK

Having considered objections received, the Committee refused the application on the grounds that:-

The proposal would have a significant adverse impact on the fabric, character and setting of the listed building. The proposal fails to satisfy the requirements of the relevant provisions of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. The proposal fails to comply with national planning guidance with regard to development affecting a listed building. There are no material considerations that would justify approval of listed building consent.

(h) 17-00087-FULL 5 BANK STREET CHANGE OF USE ON THE GROUND FLOOR AND BASEMENT OF A FOUR STOREY B-LISTED BUILDING FROM OFFICES TO A LICENSED RESTAURANT AND ASSOCIATED ALTERATIONS. THE ALTERATIONS INCLUDE A SINGLE STOREY REAR EXTENSION PROPOSED TO BE SUSPENDED ABOVE GROUND WITHIN THE A-LISTED THE HOWFF LOCATED TO THE REAR OF THE APPLICATION SITE FOR MR L CHADWICK

Having considered objections received, the Committee refused the application on the grounds that:-

The proposed development is contrary to Policies 7, 47, 48, 50 and 51 of the Dundee Local Development Plan 2014. There are no material considerations that would justify approval of planning permission. The proposed development will have a detrimental impact on the historical character and setting of the B-Listed building on Bank Street, the A-Listed The Howff and the Central Conservation Area. It will also have a detrimental impact on the amenity of adjacent residential properties. The proposed development fails to comply with national planning guidance with regard to development affecting a Conservation Area or the setting of a Listed Building. The application fails to satisfy the requirements of the relevant provisions of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

(i) 17-00123-MDPO HAWKHILL COURT, MID WYND, DUNDEE DISCHARGE OF A SECTION 75 PLANNING OBLIGATION IN ITS ENTIRETY FOR LINDORES (HAWKHILL) LTD

The Committee approved the application and that the obligation be discharged for planning permission 05-00033-FUL.

III DELEGATED ITEMS

There was submitted Agenda Note AN34-2017 informing the Committee that from 1st February, 2017 to 26th March, 2017, 83 applications were decided under delegated powers. Eighteen of those applications attracted objections, 12 of which were approved and 6 of which were refused.

Jimmy BLACK, Depute Convener.