Planning Committee (including Former Development Management And Development Quality) - 17/08/2020

At a MEETING of the PLANNING COMMITTEE held remotely on 17th August, 2020.

Present:-

BAILIES

COUNCILLORS

Councillor Will DAWSON, Convener, in the Chair.

The minute of meeting of this Committee of 20th January, 2020 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Bailie Roberts declared a non-financial interest in Article II(a) by virtue of the fact that she was a neighbour of one of the deputations, left the meeting for this item, and took no part in the debate.

II PLANNING APPLICATIONS

(a) 19-00707-FULM LAND TO THE WEST OF ST MARTIN CRESCENT AND NORTH OF ADAM CRESCENT, DUNDEE ERECTION OF 120 DWELLING HOUSES AND ASSOCIATED WORKS FOR AVANT HOMES

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 that the application be approved, subject to the conditions recommended by the Executive Director of City Development.

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

(i) The application fails to comply with Policy 36: Flood Risk Management as the proposal does not demonstrate that the channel (as described in the Flood Memo - Comment on Culvert Upstream of the Site dated 5th June, 2020 and Kaya - Flood Risk Assessment dated September, 2019) can be reinstated to be able to convey the 1 in 200 year design flow in order to mitigate surface water flooding to the proposed 4 plots in the southwest corner of site. As this has not been demonstrated, the proposal therefore poses a flood risk to the aforementioned plots. The proposal is contrary to Policy 36 and there are no material considerations of sufficient weight to justify approval of the application.

(ii) The application fails to comply with Policy 54: Safe and Sustainable Transport of the Dundee Local Development Plan 2019 as the proposed development will increase vehicle movements through the existing residential streets, with a detrimental effect on the capacity and safe functioning of the existing road network. The proposed development does not incorporate measures to permit access to public transport networks within a walking distance of 400m from all parts of the development and is therefore likely to increase the need to travel by private car. There are no material considerations of sufficient weight to justify approval of the application.

On a division, there voted for the motion - the Convener, Bailies Sawers, Keenan, Wright and Scott and Councillors Cordell, Flynn, Lynn, Rome, Smith, McCready, McIrvine, Malone, Marra, Richardson, Hay, Scott and Duncan (18); and for the amendment - Depute Lord Provost Campbell, Bailie Macpherson and Councillors Alexander, Hunter, and Hay (5) - Bailie Roberts being absent when the vote was taken - whereupon the motion was declared carried and the application approved.

(b) 19-00767-FULM LAND WEST OF DALMAHOY DRIVE AND SOUTH OF TURNBERRY AVENUE, DUNDEE PROPOSED ERECTION OF 49 DWELLING HOUSES WITH ASSOCIATED INFRASTRUCTURE, ACCESS, LANDSCAPING, DRAINAGE, SUDS AND OPEN SPACE FOR KIRKWOOD HOMES LTD

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.

(c) 19-00908-FULL UNIT A1, KINGSWAY RETAIL PARK, 467 CLEPINGTON ROAD, DUNDEE CHANGE OF USE FROM RETAIL (CLASS 1) TO AN ADVENTURE PLAY AND ACTIVITY CENTRE WITH AN ANCILLARY CAFE AND DINING AREA FOR CBRE LTD

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

(d) 20-00020-MDPO - UNIT A1, KINGSWAY RETAIL PARK, 467 CLEPINGTON ROAD, DUNDEE MODIFICATION OF A S50 AGREEMENT TO INCLUDE AN ADDITIONAL USE - FOR KINGSWAY WEST SARL

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

III APPEAL DECISION - PLANNING APPLICATION BY ALDI STORES LAND TO NORTH OF ARBROATH ROADAND EAST OF TOM JOHNSTON ROAD, WEST PITKERRO INDUSTRIAL ESTATE

There was submitted Agenda Note AN16-2020 whereby it was reported that Planning Application reference 19/00186/FULL sought planning permission for the erection of a Class 1 retail foodstore and two business units (Classes 4, 5 and 6) with ancillary trade counter, associated car parking, access, landscaping and other works. The application was refused at the Planning Committee at its meeting on 16th September, 2019.

The reasons for refusal were that the application firstly failed to comply with Policy 1 ((High Quality Design and Placemaking) of the Dundee Local Development Plan 2019 as the retail element of the proposal failed to respect the character of the area. Secondly, the application failed to comply with Policy 3 (Principal Economic Development Areas) as the proposed retail use would fragment the business area and reduce the business land supply. Thirdly, as the site was in an out-of-centre location, the retail element of the application failed to comply with Policy 21 (Town Centre First Principle). Finally, the application failed to comply with Policy 54 (Safe and Sustainable Transport) as it would increase reliance on the car as a mode of transport.

The Reporter concluded that the proposed development would not have any significant adverse effect on the vitality or viability of existing centres, and that no site was available for the proposed development within a sequentially preferable location, and that the proposed retail store would address a deficiency in provision locally. In terms of accessibility, the Reporter concluded that provision of bus stops, additional pedestrian and cycle routes and infrastructure would enable the development to be accessible by a choice of sustainable transport modes. In terms of employment land supply, the Reporter concluded that the proposed development would not affect, to any significant degree, the availability of land for economic development purposes in Dundee or in the immediate vicinity. In terms of character, the Reporter concluded that the development is in character with the general character of the area.

As a result, the Reporter UPHELD the appeal and RESOLVED TO GRANT PLANNING PERMISSION, subject to planning conditions. The planning conditions included one requiring the developer to provide a footpath/cycleway connecting Linlathen Lane to Tom Johnston Road; a footway along the north side verge of the A92 to connect to the existing bus stop layby and bus stops immediately outside the site.

IV DELEGATED ITEMS

There was submitted Agenda Note AN17-2020 advising the Committee that from 1st January to 31st July, 2020, the Planning Team determined 269 applications under delegated powers. Of those, 241 were approved and 28 were refused.

Will DAWSON, Convener.