Planning Committee (including Former Development Management And Development Quality) - 23/10/2017

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 23rd October, 2017.

Present:-

BAILIES

COUNCILLORS

Councillor Will DAWSON, Convener, in the Chair.

The minute of meeting of this Committee of 18th September, 2017 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

There were no declarations of interest.

II PLANNING APPLICATIONS

(i) 17-00593-FULL 12A GRAHAM STREET, DUNDEE CHANGE OF USE TO FUNERAL DIRECTORS AND ASSOCIATED ALTERATIONS FOR JOHN WEBSTER

It was reported that a request had been received for a deputation to address the Committee in support of the application. Having considered objections received, the Committee approved the application, subject to the conditions recommended by the Executive Director of City Development and in the circumstances declined to hear the deputation.

(ii) 17-00703-MDPO PREMISES, CANDLE LANE, DUNDEE MODIFICATION OF SECTION 75 PLANNING OBLIGATION FOR WATERFRONT INVESTMENTS LTD

It was reported that a request had been received for a deputation to address the Committee in support of the application. The Committee approved the application, subject to the conditions recommended by the Executive Director of City Development and, in the circumstances, declined to hear the deputation.

(iii) 17-00569-LBC 10/16 FORT STREET, BROUGHTY FERRY, DUNDEE PROPOSED INTERNAL ALTERATIONS OF CATEGORY C LISTED BUILDING FOR BELHAVEN GREENEKING

The Convener, seconded by Bailie Roberts, moved that the application be approved.

As an amendment Councillor Short, seconded by Councillor Duncan, moved that the application be refused on the grounds that:-

The proposed internal alterations would have an adverse impact on the fabric and character of the Category C Listed Building. The works would not preserve features of historic interest and would be contrary to the statutory duty contained within Section 14 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 as amended, and Policy 48 of the Dundee Local Development Plan 2014.

On a division, there voted for the motion Lord Provost Borthwick, Bailies Roberts, Keenan, Wright and Scott, the Convener and Councillors Alexander, Flynn, Hunter, Lynn, Murray, Rendall, Smith, Cruickshank, Gordon, McCready, McIrvine, Malone, Marra, Richardson, Hay and Scott (22); and for the amendment - Depute Lord Provost Campbell, Bailie Macpherson and Councillors Cordell, Ross, Short and Duncan (6) whereupon the motion was declared carried and the application approved.

III APPEAL DECISION

There was submitted Agenda Note AN78-2017 advising that planning application reference 17‑00191-FULL sought planning permission for the erection of a Class 3 use, drive-thru and hot food/drink takeaway use, and the erection of a children's day nursery (Class 10). The application was refused by the Development Management Committee at its meeting on 25th May, 2017. The reason for refusal was that the development was contrary to the Policies 1 and 4 of the Dundee Local Development Plan 2014 because none of the proposed uses were within Class 4, 5 or 6 for which the site is allocated, nor was the development ancillary to the Principal Economic Development Area. Additionally, the proposed Class 3 uses would not protect the vitality or viability of Dundee's City Centre, District Centres or Commercial Centres.

The appointed Reporter UPHELD the appeal and granted planning permission for the development on the grounds that the proposed development would provide ancillary services to primarily meet the needs of businesses and employees with the Principal Economic Development Area. Whilst the Reporter agreed that the proposed Class 3 and Class 10 uses were contrary to Policy 1, she stated that the application of that policy needed to be considered in the context of the spirit and intent of the policy and be read together with the content of Policy 4. As the Council would maintain a five year supply of employment land and the services were considered to be ancillary, the Reporter supported the development.

For these reasons, the Reporter concluded that the proposed development complied with the relevant provisions of the Development Plan and stated that there were no material considerations which would justify refusing to grant planning permission for the development.

IV PROPOSED LOCAL DEVELOPMENT PLAN AND REVISED ENVIRONMENTAL REPORT

There was submitted Agenda Note AN79-2017 whereby reference was made to Article V of the minute of meeting of the City Development Committee of 21st August, 2017, wherein the Committee referred the above‑mentioned Proposed Local Development Plan and Revised Environmental Report to the Committee for approval as a relevant material planning consideration.

The Committee approved accordingly.

V DELEGATED APPLICATIONS

There was submitted Agenda Note AN88-2017 whereby it was reported for the information of the Committee that from 28th August, 2017 to 5th October, 2017, 54 applications were decided under delegated powers. Eight of those applications attracted objections and all were approved.

The Committee noted accordingly.

Will DAWSON, Convener.