Planning Committee (including Former Development Management And Development Quality) - 16/09/2019

At a MEETING of the PLANNING COMMITTEE held at Dundee on 16th September, 2019.

Present:-

BAILIES

COUNCILLORS

Councillor Will DAWSON, Convener, in the Chair.

The minute of meeting of this Committee of 12th August, 2019 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor Richard McCready declared a non-financial interest in Article II(a) by virtue of the fact that he is a Director of Scotmid Co-operative who operate a food retail business, left the Chamber and took no part in the debate.

II PLANNING APPLICATIONS

(a) 19-00186-FULL - LAND TO THE NORTH OF ARBROATH ROAD AND EAST OF TOM JOHNSTON ROAD - ERECTION OF A CLASS 1 RETAIL FOODSTORE AND 2 BUSINESS UNITS (CLASS 4, 5 AND 6) WITH ANCILLARY TRADE COUNTER - FOR ALDI STORES LTD

The Committee acceded to a request for a deputation to address the Committee in support of the above application which was recommended for refusal. 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 Convener, seconded by Bailie Roberts, moved that the application be refused on the grounds that:-

(i) The proposed development is contrary to Policy 1 and Appendix 1 (High Quality Design and Placemaking) of the Dundee Local Development Plan 2019 as the proposed retail element of the proposal fails to respect the character of this largely homogenous business area and would introduce a non-conforming use which could impact negatively on the wider economic development area. The applicant has failed to fully consider the relationship of the proposed development in the context of the wider area. There are no material planning considerations of sufficient weight to justify approval of the application contrary to the Development Plan.

(ii) The proposed development is contrary to Policy 3 (Principal Economic Development Areas) of the Dundee Local Development Plan 2019 as the proposal for a Class 1 retail use on the southern portion of the site would fragment a largely well-defined and homogenous business area. The proposal would draw members of the public onto industrial roads creating road safety issues and amenity conflicts which could harm economic activity for businesses operating in the area. The application site is a high quality site in a highly visible and accessible location. Reducing the business land supply by allowing the retail element of this proposal would reduce the quality and diversity of business land in Dundee. There are no material planning considerations of sufficient weight to justify approval of the application contrary to the Development Plan.

(iii) The proposed development is contrary to Policy 21 (Town Centre First Principle) of the Dundee Local Development Plan 2019 as the application site is out-of-centre and the applicant has failed to demonstrate that the application site is or can be made easily accessible by a choice of transport modes; the applicant has failed to demonstrate that the proposal would not prejudice the vitality or viability of the City Centre, District Centres or Commercial Centres; locating such a development at an out-of-centre site would fail to encourage additional expenditure within, and improve the vitality and viability of the City Centre and District Centres; there is no deficiency for food retailing (including convenience) that cannot be met within the existing centres. There are no material planning considerations of sufficient weight to justify approval of the application contrary to the Development Plan.

(iv) The proposed development fails to satisfy Policy 54 (Safe and Sustainable Transport of the Dundee Local Development Plan 2019. There is a limited choice of sustainable transport modes to this out-of-centre location and as a consequence this encourages reliance on the car. The applicant has failed to offer a suitable solution to fully demonstrate that this out-of-centre location is or can be made easily accessible by a choice of transport modes. There are no material planning considerations of sufficient weight to justify approval of the application contrary to the Development Plan.

As an amendment, Councillor Murray, seconded by Councillor Cruickshank, 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 foodstore (Class 1) is a use which is 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 improve shopping provision for residents in the eastern area of the city 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 of a sufficient weight to set aside the relevant provisions of the Development Plan and support the approval of planning permission in this particular instance, and subject to the conditions that:-

(i) This planning permission shall not be issued unless and until an obligation under Section 75 of the Town and Country Planning (Scotland) Act 1997 between the Council and the parties with appropriate interests in the land, has been recorded. This obligation will relate to the provision of footpath improvements on the northern verge of the A92; provision of a public footpath link from Linlathen Lane to the application site and the provision of a bus service to operate during store opening hours, all in accordance with the Development Plan and in place prior to the opening of the foodstore. The terms of the S75 shall be agreed by all parties within six months of any planning permission granted.

(ii) Prior to the commencement of work on-site details of a scheme of public art to be provided within the development hereby approved shall be submitted to the Council for written approval. Thereafter, the approved scheme of public art shall be installed prior to the completion of the development hereby approved.

(iii) Prior to any business unit coming into use, full details of the initial use of that unit, including details of any plant, machinery, ventilation or additional development such as yard space, additional parking or enclosures, that may be required to enable the use to function, shall be submitted to Dundee City Council for their records. Should any plant, machinery, ventilation or additional work require consent in its own right, the use should not come into operation until the requisite consent is obtained.

(iv) The 2 Class 4/5/6 business units hereby approved shall be erected for operational use prior to the commencement of development of the retail foodstore hereby approved.

(v) In the retail unit hereby approved, the comparison floorspace shall be restricted to no more than 265 sqm and no single group of goods set out below and as outlined in Appendix 6 of the Local Development Plan shall occupy more than 50% of this sales area for comparison goods:-

- Books;

- Clothing and Footwear;

- Furniture, floor coverings and household textiles;

- Radio, electrical and other durable goods;

- Hardware and DIY supplies;

- Chemist goods;

- Jewellery, silverware, watches and clocks; and

- Recreational and other miscellaneous goods.

(vi) 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.

(vii) Prior to the commencement of any works on-site, details of measures proposed to manage surface water run-off from the site during construction shall be submitted to the Council for written approval. Thereafter, all works approved by virtue of this condition shall be carried out prior to construction works commencing on any part of the development hereby approved.

(viii) 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.

(ix) The total noise from all mechanical and electrical plant/services shall not exceed NR 35 during the night as measured one metre external to the facade of adjacent residential accommodation. For the avoidance of doubt, night time shall be 23:00 to 07:00 hours.

(x) Deliveries and servicing of the store, including loading, unloading or lay-up, shall not take place between 22:00 and 07:00 hours.

(xi) A treatment plan for the management of Giant Hogweed on this site shall be devised and approved in writing by the Council prior to the commencement of the development hereby approved. The treatment plan must detail the measures required for the control/eradication of the plant, including the frequency of such treatment. Given the nature of this plant the treatment plan must apply for a period of at least 5 years. Thereafter, the site must adopt a maintenance plan should the plant continue to grow. The treatment plan must be implemented prior to the occupation of the units hereby approved.

(xii) The operating hours of the foodstore hereby approved shall be:-

Monday to Saturday 8am to 10pm

Sunday 9am to 8pm

Reason - In order to protect surrounding amenity.

(xiii) Development shall not begin until a remediation strategy to deal with any contamination 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:-

- the nature, extent and type(s) of contamination on the site.

- the measures to treat/remove contamination to ensure the site is fit for the use proposed and does not contain any significant pollution linkages.

- measures to deal with contamination during construction works.

- verification of the condition of the site on completion of decontamination measures.

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.

(xiv) Full details of the waste management storage for the foodstore and business units hereby approved should be submitted to the Council for approval in writing prior to the commencement of development. Thereafter, the waste storage shall be implemented in accordance with the approved details and be maintained as such.

(xv) 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.

(xvi) Details of the proposed vehicle accesses must be agreed prior to any works on-site and the access must be formed and constructed to Dundee City Council standards and specifications.

(xvii) Any proposed gates must open into the driveway and not over the adjacent public footway.

(xviii) Details of the proposed footway along Arbroath Road shall be agreed prior to any works on-site and the footway must be constructed to these details in accordance with Dundee City standard before the first use of the development hereby approved.

(xix) Details of proposed raised kerbs for bus provision shall be agreed prior to the commencement of the development hereby approved.

(xx) Details of alterations to the existing Street Lighting System must be provided by the applicant to Dundee City Council standards and specifications prior to the commencement of the development hereby approved.

(xxi) Electric car charging points shall be provided at a location and number to be approved prior to opening of the development.

(xxii) Details of infrastructure for electric car charging points within the public shoppers car park shall be agreed prior to any works on the site.

(xxiii) The hard surface within the shoppers car park and each service yard 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.

(xxiv) 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.

A Road Construction Consent (RCC) application (found via the following link on Dundee City Council website: http://www.dundeecity.gov.ak/a2z/constructionconsent) 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. For further details please contact 01382 433341 or developmentroads@dundeecity.gov.uk.

It should be noted that Arbroath Road at the location for the proposed footway is the maintenance responsibility of Claymore Roads. Any consent for works and details of the works must also be agreed with the maintaining body.

On a division, there voted for the motion - the Convener, Bailies Roberts, Sawers, Keenan, Wright, Scott, Macpherson and Councillors Alexander, Cordell, Lynn, Rendall, Rome, McIrvine, Malone, Hay, Scott and Duncan (17); and for the amendment - Depute Lord Provost Campbell and Councillors Ross, Smith, Cruickshank, Richardson and Murray (6) - Councillor McCready being absent when the vote was taken - whereupon the motion was declared carried and the application refused.

(b) 17 PANMURE STREET, BROUGHTY FERRY - CHANGE OF USE FROM A WAREHOUSE (CLASS 4) TO AN MOT STATION/WORKSHOP (CLASS 5) - FOR WESTEND SUZUKI

This item was deferred.

(c) 19-00367-FULL - 6 OLD CRAIGIE ROAD, DUNDEE - ERECTION OF A SUMMERHOUSE WITHIN GARDEN GROUND - FOR MR CONNOR MACCARTNEY

Having considered objections received, the Committee refused the application on the grounds that the size and design of the summerhouse would have a detrimental impact on the character and environmental quality of the surrounding area. The positioning, height and massing of the summerhouse would have a detrimental physical impact and overshadowing impact on the neighbouring properties. The application therefore fails to comply with Policy 11 of the Dundee Local Development Plan 2019 and Dundee Local Development Plan Householder Development - Advice and Best Practice Supplementary Guidance. There are no material planning considerations of sufficient weight to justify approval application contrary to the Development Plan.

(d) 19-00463-FULL - LAND NORTH OF HARVEST FIELD CRESCENT, WEST OF DUNBAR PARK AND EAST OF HADDINGTON AVENUE - PHASE 2 OF A HOUSING DEVELOPMENT COMPRISING 27 DWELLINGS (RESUBMISSION) - FOR MERCHANT HOMES

The Committee acceded to a request for a deputation to address the Committee relative to objections to the above application which was recommended for refusal. After the deputation had stated their case 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.

III DELEGATED ITEMS

It was reported for the information of the Committee that from 1st July to 31st August, 2019 there were 99 delegated decisions. Fourteen of those applications attracted objections. All of the applications were approved.

Will DAWSON, Convener.