Planning Committee (including Former Development Management And Development Quality) - 13/12/2021

At a MEETING of the PLANNING COMMITTEE held remotely on 13th December, 2021.

Present:-

BAILIES

COUNCILLORS

Councillor Will DAWSON, Convener, in the Chair.

The minute of meeting of this Committee of 8th November, 2021 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor Rome declared a non-financial interest in Article II(a) by virtue of being known to the applicant through membership of a hockey club, left the meeting for this item, and took no part in the debate.

II PLANNING APPLICATIONS

(a) 21-00504-FULL - PROPOSED REAR EXTENSION, DOUBLE GARAGE AND ALTERATION OF EXISTING STONE BOUNDARY WALL - 26 WESTFIELD ROAD, BROUGHTY FERRY, DUNDEE - FOR MR JAMIE CROMAR

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) 21-00603-LBC - PROPOSED ALTERATIONS AND EXTENSION TO LISTED BUILDING - FERNBRAE, 329 PERTH ROAD, DUNDEE - FOR S1 WEST DEVELOPMENT LTD

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

(c) 21-00604-FULL- CHANGE OF USE AND CONVERSION OF A LISTED BUILDING TO FORM 4 FLATS; NEW 3 STOREY EXTENSION COMPRISING OF 13 FLATS; ERECTION OF 5 TERRACED HOUSES AND EXTENSION TO EXISTING LODGE HOUSE - FERNBRAE, 329 PERTH ROAD, DUNDEE - FOR S1 WEST DEVELOPMENT LTD

The Committee acceded to a request for a deputation to address the Committee relative to objections to the above application which was recommended for approval. After the deputation had stated their case and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

Bailie Macpherson moved that the application be deferred but failed to find a seconder, whereupon the motion fell.

Thereafter, having considered objections received, the Committee approved the application, subject to the conditions recommended by the Head of Planning and Economic Development and subject to the additional condition that prior to the commencement of the development hereby approved, a construction management plan shall be submitted to and approved in writing by the planning authority. The construction management plan shall provide details of how and when the existing access/egress onto West Grove Avenue shall be closed. Thereafter, the access/egress closure onto West Grove Avenue shall be implemented in accordance with the approved construction management plan and remain as such thereafter.

(d) 21-00634-FULL - ERECTION OF YOUNG PERSON'S HOUSE, GARAGE AND ASSOCIATED GARDEN - LAND AT FORMER CRAIGIE HOUSE, SOUTHAMPTON ROAD, DUNDEE - FOR CHILDREN AND FAMILIES SERVICE, DUNDEE CITY COUNCIL

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.

III PLANNING APPEAL DECISION

There was submitted Agenda Note AN45-2021 which made reference to Planning Application Reference 20/00128/FULL which sought planning permission for a residential care home with ancillary development including landscaping and car park on land at 3 Middle Road, Liff, DD2 5SP. This application by Liff Care Development Ltd was refused by the Planning Committee at its meeting on 15th February, 2021. The Committee refused the application on the following grounds:

1. The proposed residential care home is of a design and scale which is incongruous to the established form and character of development within West Green Park. The operation of a residential care home of the scale proposed, with 70 bedrooms and associated staff and visitor vehicle trips would have an adverse impact on amenity by virtue of noise and light. The proposed residential care home fails to respect the character of the local area and would have an adverse impact on the visual and residential amenity within West Green Park. The proposal is therefore contrary to Policy 1 of the Local Development Plan 2019. There are no material considerations of sufficient weight to justify approval of the application.

2. The proposal would result in additional vehicle trips to the site, increasing use of the local road network. The site is not easily accessible by public transport and therefore fails to minimise the need to travel by private car. The proposal fails to encourage the use of sustainable transport options such as public transport and cycling, resulting in an increased number of vehicle movements to and from the site. This would have an adverse impact on the capacity of the local road network, resulting in additional congestion to the detriment of road, cyclist and pedestrian safety. The proposal is therefore contrary to Policy 54 of the Local Development Plan 2019. There are no material considerations of sufficient weight to justify approval of the application.

3. The proposed residential care home would result in increased use of the existing water and sewerage network within West Green Park. There is insufficient capacity within the existing infrastructure to accommodate the proposed development, resulting in an increased risk of flooding. The proposal is therefore contrary to Policy 36 of the Local Development Plan 2019. There are no material considerations of sufficient weight to justify approval of the application.

Planning appeal reference PPA-180-2064 was submitted and the Reporter appointed by Scottish Ministers issued a decision on 3rd November, 2021. The Reporters decision is to ALLOW the appeal and GRANT PLANNING PERMISSION subject to 21 planning conditions.

The Reporter concluded that the proposed development would have no significant indirect impact on the setting of Greystanes House, Gowrie House or the housing within West Green Park.

After considering the potential impact of the development on residential amenity, the Reporter considered that the use of planning conditions to restrict noise generated by plant and machinery and to control air quality would help protect amenity. The Reporter noted that the forecast level of traffic movements would not impact on residential amenity to an unacceptable degree. The distance between properties was considered to be such that it is unlikely that it would have a detrimental effect on residential amenity by reason of light pollution.

Traffic movements were discussed and the Reporter noted that traffic levels would be largely similar to those generated by the existing nursery use and that there was no evidence that these would exceed local road capacity.

Finally, in respect of water and drainage infrastructure, the Reporter concluded that the proposals for disposal of wastewater from the site would not increase flood risk and that it will be for the appellant to obtain any necessary consents from Scottish Water or private interests.

Claim for An Award Of Expenses Decision

The appellant also submitted a claim against the Council for an award of its expenses in making the appeal. The Reporter found that the Council has not acted in an unreasonable manner resulting in liability for expenses and declined to make any award.

The full appeal and expenses decision can be accessed via the Scottish Governments Planning and Environmental Appeal Division website:

https://www.dpea.scotland.gov.uk/CaseDetails.aspx?ID=121643

Will DAWSON, Convener.