Planning Committee (including Former Development Management And Development Quality) - 18/03/2019

At a MEETING of the PLANNING COMMITTEE held at Dundee on 18th March, 2019.

Present:-

BAILIES

COUNCILLORS

Councillor Will DAWSON, Convener, in the Chair.

The minute of meeting of this Committee of 11th February, 2019 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 the applicant being a former business client.

II PLANNING APPLICATIONS

(a) 18-01047-FULL - CHANGE OF LEVELS OF 12no HOUSES APPROVED UNDER PLANNING PERMISSION 16-00362-FULL - 44 GRAY STREET, DUNDEE - FOR RIALTO PROPERTIES LTD

The Committee acceded to requests for a deputation to address the Committee relative to objections to and in support of the above application which was recommended for refusal. After the deputations had stated their cases and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

After considering objections received, the Committee agreed that the application be refused on the grounds that:-

1 the proposed development is contrary to Policy 1 and Appendix 1 (High Quality Design and Placemaking) and Policy 10 and Appendix 4 (Design and New Housing) of the Dundee Local Development Plan 2019. The proposal to vary the ground floor levels, the floor levels and the height of 12 of the 14 houses approved under planning permission 16/00362/FULL will exacerbate the poor quality design and layout of the site and will result in an overbearing development, which will have a detrimental impact on the amenity of the existing houses by virtue of overlooking and loss of privacy. There are no material planning considerations of sufficient weight to justify approval of the application contrary to the Development Plan.

(b) 18-00973-HAZ - THE STORAGE OF AGRICULTURAL FERTILISER - SHEDS 10 AND 11, LAND TO THE SOUTH OF KING GEORGE V WHARF, DUNDEE PORT, DUNDEE - FOR ANGUS HORTICULTURE SERVICES LTD

The Committee acceded to a request for a deputation to address the Committee in support of the above application which was recommended for approval. After the deputation had stated their case and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

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

III PLANNING APPEAL DECISION

There was submitted Agenda Note AN17-2019 advising of the undernoted Linlathen Village, Broughty Ferry appeal decision.

Planning application reference 18/00115/FULM sought planning permission for a residential development comprising 150 houses with associated infrastructure, access, and landscaping, drainage, SUDS and open space. The application was refused by the Planning Committee at its meeting on 18th June, 2018. The Committee refused the application because it:

- was premature and could prejudice the delivery of the Western Gateway;

- was premature to the outcome of the examination of the Proposed Dundee Local Development Plan 2017;

- would result in overdevelopment to the detriment of the amenity of the surrounding area;

- would exacerbate capacity issues within local infrastructure and community facilities;

- would increase vehicle movements on the local road network and result in congestion;

- would fail to provide adequate in-curtilage parking for all houses; and

- would be contrary to Policy 32 of the Dundee Local Development Plan in proposing the SUDS scheme within open countryside.

The Reporter concluded that things had changed since the previous application/appeal and the proposal would be in accordance with the Dundee Local Development Plan 2019. As a result, it was not premature. The Reporter also noted that the proposal would not amount to overdevelopment and would provide an acceptable level of parking provision. In terms of infrastructure, the Reporter noted the Councils supplementary guidance on developer contributions and agreed that education and road improvements should be sought via Section 75 Planning Obligation, but did not consider additional healthcare provision to be necessary or proportionate in scale and nature to the development proposed. Lastly, the Reporter stated that whilst the SUDS area was outwith the allocated housing site within open countryside, it would only involve earthworks with no prominent above ground built forms, and would be acceptable.

As a result, the appointed Reporter UPHELD the appeal and RESOLVED TO GRANT PLANNING PERMISSION subject to a Section 75 Planning Obligation and conditions. Planning permission would not be granted until such a time as the required Section 75 had been completed. The Reporter provided a period of 16 weeks for this to occur. Failing which, he would consider whether planning permission should be refused or granted without a planning obligation.

IV DELEGATED ITEMS

There was submitted Agenda Note AN18-2019 advising the Committee that from 1st February, 2019 to 28th February, 2019, there were 43 delegated decisions. Five of those applications attracted objections. Of those five, three applications were approved and two were refused.

Will DAWSON, Convener.