Planning Committee (including Former Development Management And Development Quality) - 24/10/2022

At a MEETING of the PLANNING COMMITTEE held remotely on 24th October, 2022.

Present: -

BAILIES

COUNCILLORS

Bailie Will DAWSON, Convener, in the Chair.

The minute of meeting of this Committee of 15th August, 2022 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor El-Nakla declared an interest in Article II (c) by virtue of knowing the landlord for the application site, left the meeting for this item, and took no part in the debate.

Councillor Finnegan declared an interest in Article II (a) by virtue of previous comments made by in regard to this planning application, left the meeting for this item, and took no part in the debate.

II PLANNING APPLICATIONS

(a) 22-00317-FUL CONSTRUCTION OF EDUCATION AND COMMUNITY FACILITIES, WITH ASSOCIATED PARKING, LANDSCAPING, EXTERNAL SPORTS PITCHES, FOOTPATHS, AND INFRASTRUCTURE SITE OF ST SAVIOURS HIGH SCHOOL, DRUMGEITH ROAD, DUNDEE FOR DUNDEE CITY COUNCIL

Having considered objections received, the Committee approved the application, subject to the conditions recommended by the Executive Director of City Development.

(b) 22-00302-FUL PROPOSED RESIDENTIAL CARE COMPLEX INCLUDING A CARE HOME AND ASSISTED LIVING UNITS BLACKNESS NURSERY, PERTH ROAD, DUNDEE FOR MR SCOTT KEARNS -SIMPLY UK

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 Flynn, moved approval of the application, subject to the conditions recommended by the Head of Planning and Economic Development. 

As an amendment, Bailie Macpherson, seconded by Councillor Crichton moved refusal of the application on the grounds that: -

1. the design of the proposed care home facility fails to reflect the scale, massing and materials of adjacent buildings and impacts adversely on the amenity of neighbours in terms of layout, overshadowing and overlooking. The proposal is therefore contrary to the requirements of criterion 2 of Policy 14 of the Local Development Plan 2019. 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 Roberts, Sawers, Keenan, Wright and Scott and Councillors Alexander, Hunter, Flynn, Lynn, Rome, Smith, Tolland, Cruickshank, McIrvine, Scullin, Shears and Coleman (18); and for the amendment - Depute Lord Provost Cordell, Bailie Macpherson and Councillors Anderson, El-Nakla, McHugh, Malone, Crichton and Duncan (8) - Councillor Finnegan having been absent during part of the debate - whereupon the motion was carried and the application granted.

(c) 22-00533-FUL CHANGE OF USE FROM CAR WASH BUILDING TO DRIVE-THRU COFFEE SHOP 54B EAST DOCK STREET, DUNDEE FOR HENRYS COFFEE HOUSE 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, having considered objections received, the Convener, seconded by Councillor Flynn moved that the application be refused on the grounds that:-

1. the proposal is contrary to Policy 1 of the Dundee Local Development Plan (2019) because the proposed development fails to prioritise and encourage sustainable and active travel choices, such as walking, cycling and public transport and is contrary to Criterion 3 of Appendix 1 High Quality Design and Placemaking. There are no material considerations of sufficient weight that would justify approval of the application contrary to the Development Plan.

2. the proposal is contrary to Policy 3 of the Dundee Local Development Plan (2019) because the proposed drive-through coffee shop use does not fall within the defined Use Classes 4, 5 and 6 that development plan policy aims to direct to Principal Economic Development Areas, in the interests of safeguarding employment and business land from other development pressures. The proposed development would introduce other development pressures into a Principal Economic Development Area where the development plan seeks to safeguard that land for employment uses and this is contrary to Policy 3. There are no material considerations of sufficient weight that would justify approval of the application contrary to the Development Plan.

3. the proposal is contrary to Policy 6 of the Dundee Local Development Plan (2019) because the proposed drive-through coffee shop is not small-scale and goes beyond the ancillary nature of complementary land uses that Policy 6 is seeking to permit in Economic Development Areas. There are no material considerations of sufficient weight that would justify approval of the application contrary to the Development Plan.

4. the proposal is contrary to Policy 21 of the Dundee Local Development Plan (2019) because it has not been reasonably demonstrated that there are no sequentially preferable options available, that the proposal would not have a significant adverse effect on the vitality or viability of the City Centre, District Centres or Commercial Centres, or that the proposal would address a deficiency in provision which cannot be met within or on the edge of these centres. There are no material considerations of sufficient weight that would justify approval of the application contrary to the Development Plan.

5. the proposal is contrary to Policy 54 of the Dundee Local Development Plan (2019) because the development would not minimise the need to travel by private car. There are no material considerations of sufficient weight that would justify approval of the application contrary to the Development Plan.

6. The proposal is contrary to Policy 56 of the Dundee Local Development Plan (2019) because the proposal is a commercial development at an out-of-town location but does not provide covered secure cycle parking with changing facilities for employees.

As an amendment, Councillor Shears, seconded by Bailie Macpherson moved that although the application is not in accordance with the development plan, there would be additional employment opportunities created through the operation of the business and that would be a material consideration of sufficient weight to justify approval of the application, subject to conditions specified by the Head of Planning and Economic Development.

On a division, there voted for the motion - the Convener, Depute Lord Provost Cordell, Bailies Roberts, Sawers and Scott, and Councillors Alexander, Anderson, Flynn, Lynn, Rome, Smith, Tolland and Duncan (13); and for the amendment - Bailies Keenan, Wright and Macpherson and Councillors Hunter, Cruickshank, Finnegan, McHugh, McIrvine, Malone, Scullin, Shears, Coleman and Crichton (13) - Councillor El-Nakla being absent when the vote was taken - whereupon the Convener gave his casting vote in favour of the motion and the application was duly refused.

(d) 22-00562-MDP VARIATION OF PLANNING OBLIGATION RELATING TO APPLICATION D12OO1 TO INCLUDE ADDITIONAL USE INSERTED UNDER SCHEDULE II OF THE MINUTE OF AGREEMENT (REFERENCE PLANNING APPLICATION 22/00472/FULL) UNIT A1, KINGSWAY WEST RETAIL PARK, 467 CLEPINGTON ROAD, DUNDEE FOR KINGSWAY WEST S.a.r.l.

It was reported that a request had been received for a deputation to address the Committee in support of the application. The Committee approved the application, subject to the conditions recommended by the Head of Planning and Economic Development and, in the circumstances, declined to hear the deputation.

Will DAWSON, Convener.