Planning Committee (including Former Development Management And Development Quality) - 17/06/2019

At a MEETING of the PLANNING COMMITTEE held at Dundee on 17th June, 2019.

Present:-

BAILIES

COUNCILLORS

Councillor Will DAWSON, Convener, in the Chair.

The minute of meeting of this Committee of 20th May, 2019 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATIONS OF INTEREST

Bailie Macpherson and Councillors Malone and Ross declared non-financial interests in Article II(b) by virtue of the applicant being known to them.

II PLANNING APPLICATIONS

(a) 17-00420-FULL - ERECTION OF 29 HOUSES - SITE OF THE FORMER MACALPINE PRIMARY SCHOOL, ST LEONARD PLACE, DUNDEE - FOR H AND H PROPERTIES

The Committee approved the application, subject to the conditions recommended by the Executive Director of City Development, and subject to the additional condition that prior to the commencement of works, a traffic management plan for all construction works on site shall be submitted to City Development for approval and if approved, construction traffic shall operate only in accordance with the approved management plan. For the avoidance of doubt, the traffic management plan would include details of parking for construction workers and an agreement to minimise construction traffic at the start and end of the school day, in the interests of road traffic and pedestrian safety and in order to ensure that construction traffic would be sufficiently managed to minimise the impact on the surrounding area.

(b) 19-00175-FULL - PROPOSED HOT FOOD CAFE/TAKEAWAY - LAND TO NORTHWEST OF MYREKIRK ROUNDABOUT, KINGSWAY WEST, DUNDEE - FOR CLARKS BAKERY LTD

The Committee acceded to requests for deputations 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.

Thereafter, the Convener, seconded by Councillor Lynn, moved that the application be refused on the grounds that:-

1. The proposed cafe (Class 3) and hot food takeaway (sui generis) does not fall within Use Class 4, 5, or 6. The proposal therefore fails to accord with Policy 3: Principal Economic Development Areas of the Dundee Local Development Plan 2019. There are no material considerations to justify a decision contrary to the Plan.

2. The proposed cafe/hot food takeaway would not support the function of the Principal Economic Development Area and is of a scale and nature that is aimed towards attracting members of the public. The proposal is not ancillary to the Economic Development Area and therefore fails to comply with Policy 6 of the Local Development Plan 2019. There are no material considerations to justify a decision contrary to the Plan.

3. The proposed cafe/hot food takeaway would result in an out of centre development that is at odds with the Town Centres First Principle and contrary to the requirements of Policy 21 of the Local Development Plan 2019. There are no material considerations to justify a decision contrary to the Plan.

As an amendment, Councillor Ross, seconded by Bailie Macpherson, moved that the application be approved on the grounds that although the application is contrary to the requirements of the Dundee Local Development Plan 2019, as the proposed cafe (Class 3) with takeaway (sui generis) are uses which are not supported within a Principal Economic Development Area, the proposed development would result in economic benefits in the form of additional employment for the city, and would bring a vacant site into use in a manner that would not result in any significant adverse impact on the surrounding land uses. These are material considerations which are considered to be part of a sufficient weight to set aside the relevant provisions of the Development Plan and support the approval of planning permission, and subject to the conditions that:-

1. Details of the proposed type, number and location of cycle parking shall be agreed prior to any works on site, in the interests of sustainable transport provision.

2. The hard surface within the site 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 to ensure that surface water from within the curtilage of the site does not drain to the adjacent adopted road.

3. An electric car charging point shall be provided prior to opening of the development in the interests of sustainable transport provision.

4. 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 and signed Dundee City Council Design and Check Certification 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 operation of the cafe/takeaway hereby approved, in the interests of flood prevention and visual amenity.

5. Prior to the commencement of any works on site, evidence of Scottish Water approval for the proposed drainage system for the development hereby approved shall be submitted to the Council for written approval, in the interest of flood prevention.

6. 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 Dundee City Council for written approval. Thereafter, all works approved by virtue of this condition shall be carried out in perpetuity, in the interest of flood prevention.

7. A Sustainability Statement demonstrating the extent to which the new build elements of the development will meet the requirements of Policy 48 of the Dundee Local Development Plan shall be submitted for the approval of the planning authority and the works shall be completed in accordance with the approved Statement, in the interests of reducing carbon emissions associated with the proposed development.

Furthermore, any damage caused to the existing adopted footway or carriage way ex adverso the site as a result of development work must be made good by the applicant at their expense. Where damage was extensive, resurfacing/reconstruction would be necessary. All related works must be to Dundee City Council standards and specifications.

On a division, there voted for the motion - the Convener, Lord Provost Borthwick, Bailie Roberts and Councillors Flynn, Hunter, Lynn, Rendall (7); and for the amendment - Depute Lord Provost Campbell, Bailies Sawers, Wright, Scott and Macpherson and Councillors Alexander, Rome, Ross, Smith, Cruickshank, McIrvine, Malone, Richardson, Hay, Scott and Duncan (16) - whereupon the amendment was declared carried.

III DELEGATED ITEMS

There was submitted Agenda Note AN43-2019 advising the Committee that from 1st May, 2019 to 31st May, 2019, there were 61 delegated decisions. Six of those applications attracted objections. Of those six, five applications were approved and one was refused.

Will DAWSON, Convener.