Planning Committee (including Former Development Management And Development Quality) - 12/08/2019

At a MEETING of the PLANNING COMMITTEE held at Dundee on 12th August, 2019.

Present:-

BAILIES

COUNCILLORS

Councillor Will DAWSON, Convener, in the Chair.

The minute of meeting of this Committee of 17th June, 2019 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

II PLANNING APPLICATIONS

(a) 19-00128-FULM - LAND TO THE EAST OF BALLUMBIE ROAD, DUNDEE - PROPOSED RESIDENTIAL DEVELOPMENT OF 76 HOUSES AND ASSOCIATED WORKS - FOR STEWART MILNE HOMES NORTH

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

(b) 19-00297-FULL - LAND AT FORMER TAY ROPE WORKS, 51 MAGDALEN YARD ROAD, DUNDEE - DEVELOPMENT OF 5 HOUSES AND 4 FLATS -FOR F & H DEVELOPMENTS

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 approval. 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, the Convener, seconded by Councillor Lynn, moved approval of the application, subject to the conditions recommended by the Executive Director of City Development, and subject to the amendment of Condition 6 to state:-

"Prior to the commencement of development, a scheme containing the full details and height of the boundary treatment(s) for the whole site (illustrated on drawings Boundary Treatments (1 of 2) dated 10/05/18 and Boundary Treatments (2 of 2) dated 10/08/18) shall be submitted to the City Council for written approval. As part of the scheme, evidence of written consultation with the neighbouring residents to the application site on the proposed boundary treatment(s) and height(s) shall be submitted to the Planning Authority. Thereafter, the works shall be carried out only in accordance with the approved details. For the avoidance of doubt, the proposed boundary treatments shall be a minimum of 1.8 metres in height."

As an amendment, Bailie Macpherson, seconded by Councillor McCready, moved that the application be refused on the grounds that:-

1. The proposed development fails to provide private communal garden ground for the proposed flatted units and would therefore not provide a high quality residential amenity. The development is therefore contrary to Policy 10 (Design of New Housing) of the Dundee Local Development Plan (2019). There are no material considerations of sufficient weight that would justify approval of the application.

2. The applicant has failed to demonstrate that the stonework of the existing listed facade is beyond retention or reuse within the proposed residential development. The loss of the fabric of this prominent listed facade will have a detrimental impact on the aesthetic integrity of the local streetscape and the West End Lanes Conservation Area and is considered to be contrary to the requirements of Policy 50 (Demolition of Listed Buildings and Buildings within Conservation Areas) and Policy 51 (Development in Conservation Areas) of the Dundee Local Development Plan 2019. The application also fails to satisfy the requirements of the relevant provisions of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

3. The applicant proposes to demolish walls on the boundary of the site. This will have a detrimental impact on the character of the site and the West End Lanes Conservation Area and is considered to be contrary to the requirements of Policy 50 (Demolition of Listed Buildings and Buildings within Conservation Areas) and Policy 51 (Development in Conservation Areas) of the Dundee Local Development Plan 2019.

There are no material considerations of sufficient weight that would justify approval of the application.

On a division, there voted for the motion - the Convener, Lord Provost Borthwick, Bailie Sawers and Councillors Flynn, Hunter, Lynn, Rendall, Rome, Ross, Short, Cruickshank and Murray (12); and for the amendment - Bailies Wright, Scott and Macpherson and Councillors Cordell, McCready, McIrvine, Malone, Marra, Richardson, Hay, Scott and Duncan (12) - Bailie Roberts being absent when the vote was taken - whereupon the Convener gave his casting vote in favour of the motion and the application was duly approved.

(c) 19-00299-LBC - LAND AT FORMER TAY ROPE WORKS, 51 MAGDALEN YARD ROAD, DUNDEE - DEMOLITION OF CATEGORY C LISTED FACADE OF FORMER THE TAY ROPE WORKS - FOR F & H DEVELOPMENTS

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 approval. 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, the Convener, seconded by Councillor Lynn, moved approval of the application, subject to the conditions recommended by the Executive Director of City Development.

As an amendment, Bailie Macpherson, seconded by Councillor McCready, moved that the application be refused on the grounds that:-

The applicant has failed to demonstrate that the stonework of the existing listed facade is beyond retention or reuse within the proposed residential development.

The loss of the fabric of this prominent listed facade will have a detrimental impact on the aesthetic integrity of the local streetscape and the West End Lanes Conservation Area and is considered to be contrary to the requirements of Policy 50 (Demolition of Listed Buildings and Buildings within Conservation Areas) and Policy 51 (Development in Conservation Areas) of the Dundee Local Development Plan 2019.

The application also fails to satisfy the requirements of the relevant provisions of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

There are no material considerations of sufficient weight that would justify approval of the application.

On a division, there voted for the motion - the Convener, Lord Provost Borthwick, Bailie Sawers and Councillors Flynn, Hunter, Lynn, Rendall, Rome, Ross, Short and Murray (11); for the amendment - Bailies Wright, Scott and Macpherson and Councillors Cordell, Cruickshank, McCready, McIrvine, Malone, Marra, Richardson, Hay, Scott and Duncan (13) - Bailie Roberts being absent when the vote was taken - whereupon the amendment was carried and the application was refused.

Will DAWSON, Convener.