Planning Committee (including Former Development Management And Development Quality) - 14/06/2021

At a MEETING of the PLANNING COMMITTEE held remotely on 14th June, 2021.

Present:-

BAILIES

COUNCILLORS

Councillor Will DAWSON, Convener, in the Chair.

The minute of meeting of this Committee of 17th May, 2021 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor Alexander declared a non-financial interest in respect of Article II(b) by virtue of being involved in media communications regarding this application, left the meeting for this item, and took no part in the debate.

Councillor Rendall declared a non-financial interest in respect of Article II(b) by virtue of being a member of Dundee Civic Trust.

Councillor Rendall declared a financial interest in Article II(c) by virtue of being the owner of the subjects of the application, left the meeting for this item, and took no part in the debate.

Councillor Smith declared a non-financial interest in respect of Article II(c) by virtue of having discussed the content of the application with the applicant, left the meeting for this item, and took no part in the debate.

II PLANNING APPLICATIONS

(a) 21-00011-FUL - PROPOSED DEVELOPMENT OF 40 HOUSES AT FORMER ROSEBANK PRIMARY SCHOOL - LAND AT FORMER ROSEBANK PRIMARY SCHOOL, ROSEBANK ROAD, DUNDEE - FOR DISCOVERY HOMES DUNDEE (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 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 Head of Planning and Economic Development.

(b) 21-00274-FUL - ERECTION OF MIXED USE DEVELOPMENT INCLUDING OFFICE, RESIDENTIAL FLATS AND COMMERCIAL UNITS - DUNDEE WEST MINERAL YARD, GREENMARKET, DUNDEE - FOR CRUCIBLE (DUNDEE) LTD, C/O CRUCIBLE ALBA GROUP

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 its 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 Head of Planning and Economic Development.

(c) 21-00280-FUL - PROPOSED GLAZED PATIO DOOR WITHIN EXISTING BAY WINDOW - 105 BYRON CRESCENT, DUNDEE - FOR MRS ANNE RENDALL

The Committee approved the application subject to the conditions recommended by the Head of Planning and Economic Development.

III PLANNING APPEAL DECISION

 

There was submitted Agenda Note AN18-2021 which made reference to Planning Application Reference 20/00250/FULL, which sought planning permission for the erection of 12 flats including associated access, parking and landscaping on land to the east of Brownhill Place and north of Brownhill Street, Dundee DD2 4JR. This application by Blackwood Homes & Care was refused by the Planning Committee at its meeting on 14th December, 2020. The Committee refused the application on the following grounds:-

 

- The proposal is contrary to Policy 10 and Appendix 4 (Design of New Housing) of the Dundee Local Development Plan 2019. The proposal does not comply with the minimum parking standards required by Appendix 4 and would not provide an acceptable level of parking provision; and

 

- The proposal is contrary to Policy 54 (Safe and Sustainable Transport) of the Dundee Local Development Plan 2019. The proposal would have a detrimental effect on the safe functioning of the existing road network.

 

Planning appeal reference PPA-180-2062 was submitted and the Reporter appointed by Scottish Ministers issued a decision on 21st May, 2021. The Reporters decision was to ALLOW the appeal and GRANT PLANNING PERMISSION subject to 13 planning conditions.

 

The Reporter noted that the proposal would provide sufficient on-site parking to meet the direct needs of the occupants of the 12 flats, including three disabled spaces. Whilst wheelchair users might be highly dependent on the private car for their transport needs, it was possible that not all potential tenants would actually own their own vehicle.

 

Whilst an increased demand for on-street parking caused by visitors to the development may result in some inconvenience to existing residents, the Reporter was not convinced that this would result in a serious loss of residential amenity.

 

The Reporter was not persuaded that the shortfall of parking spaces based on the Appendix 4 requirement, which relates to provision for visitors, would significantly exacerbate the existing situation in the area.

 

Lastly, the Reporter was not convinced that the amount of traffic generated by this modest development would be so large as to significantly exacerbate traffic conditions on this short section of road; although it was recognised that the increased number of turning movements associated with the parking spaces would be likely to cause some delay and inconvenience to other residents.

 

IV PLANNING APPEAL DECISION - 20 NEW CRAIGIE ROAD

 

There was submitted Agenda Note AN19-2021 which made reference to Planning Application Reference 20/00344/FULL which sought planning permission for a drive-thru restaurant with associated car parking, landscaping, signage and infrastructure works at 20 New Craigie Road, New Craigie Retail Park, Dundee DD4 7FF. This application by Tim Hortons UK & Ireland was refused by the Planning Committee at its meeting on 9th November, 2020. The Committee refused the application on the following grounds:-

 

- The proposal is contrary to Policy 21: Town Centre First Principle of the Dundee Local Development Plan. The proposal would not protect the vitality and viability of Dundee's City Centre, District Centres, or Commercial Centres; and

 

- The proposal is contrary to Policy 54 (Safe and Sustainable Transport) of the Dundee Local Development Plan 2019. The proposal would not minimise the need to travel by private car or provide on-site facilities and links for walking and cycling.

 

Planning appeal reference PPA-180-2061 was submitted and the Reporter appointed by Scottish Ministers issued a decision on 3rd June, 2021. The Reporters decision was to ALLOW the appeal and GRANT PLANNING PERMISSION subject to 18 planning conditions.

 

The Reporter noted that the proposal would not accord overall with the Development Plan for several reasons. These were summarised as follows:-

 

That the proposed use was contrary to Local Development Plan Policy 5: General Economic Development Areas and Policy 6: Ancillary Services within Economic Development Areas which seeks to protect the citys supply of employment land. The policies did not support this use and that the drive thru use was specifically designed to attract passing trade and did not meet the needs of employees within the General Economic Development Area.

 

Also, as the appeal site was situated outwith the network of centres, it would be contrary to Local Development Plan Policy 21: Town Centre First Principle in the absence of an assessment to demonstrate that there would be no significant adverse impact on the vitality or viability of the hierarchy of centres.

 

Under other material considerations, the Reporter noted that his interpretation of planning permission, in principle 17/00144/PPPM, was that a drive thru such as that subject to the appeal was permitted, in principle, as part of the coffee shop element of that consent.

 

The Reporter then concluded that while the proposed development did not accord overall with the relevant provisions of the Development Plan, granting planning permission was still justified by the established principle in support of the use afforded by the extant planning permission, in principle, which included the appeal site.

 

 

 

 

Will DAWSON, Convener.