Planning Committee (including Former Development Management And Development Quality) - 13/01/2025

At a MEETING of the PLANNING COMMITTEE held remotely on 13th January, 2025.

 

Present:-

 

Lord Provost Bill CAMPBELL

 

Depute Lord Provost Kevin CORDELL

 

BAILIES

 

Will DAWSON

Helen WRIGHT

Fraser MACPHERSON

Willie SAWERS

 

Derek SCOTT

 

COUNCILLORS

 

Heather ANDERSON

Steven ROME

George McIRVINE

Jimmy BLACK

Roisin SMITH

Wendy SCULLIN

Mark FLYNN

Siobhan TOLLAND

Pete SHEARS

Stewart HUNTER

Jax FINNEGAN

Daniel COLEMAN

Ken LYNN

Dorothy McHUGH

Michael CRICHTON

Lee MILLS

 

Craig DUNCAN

 

Bailie Will DAWSON, Convener, in the Chair.

 

The minute of meeting of this Committee of 9th December, 2024 was held as read.

 

Unless marked thus * all items stand delegated.

 

I DECLARATION OF INTEREST

 

Councillor Tolland declared an interest in the item of business at Article II(c) by virtue of being employed by the University of Dundee and took no part in the proceedings and withdrew from the meeting during its consideration.

 

II PLANNING APPLICATIONS

 

(a) 24-00247-FULL - CHANGE OF USE OF BUILDING TO FORM 13 SELF-CATERING APARTMENTS AND EVENTS SPACE - JESSIES KITCHEN, BROOMFIELD NURSERIES, 3 ALBERT ROAD, BROUGHTY FERRY, DUNDEE - FOR OLIVIER PROPERTIES LTD

 

The Committee acceded to requests for a deputation to address the Committee relative to objections to the application by Orietta Bell, Petra McMillan, Gerry Conway, John Baruffati, Fiona Haldane, Theresa Brown and Joe Carroll. After the deputations had stated their cases and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

 

The Committee then acceded to requests for a deputation to address the Committee in support of the application by Neil Gray of Gray Planning and Development Ltd, and Jennifer Olivier of Olivier Properties Ltd. 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 Head of Planning and Economic Development. As an amendment, Councillor Duncan, seconded by Bailie Scott, moved that the application be refused on the grounds that the proposal fails to comply with Policy 8 - Visitor Accommodation of the Dundee Local Development Plan 2019, as the proposed accommodation is not small-scale B&B and guesthouse style accommodation and is located outwith the City Centre and Central Broughty Ferry as defined within the Proposals Map. There are no material considerations of sufficient weight to justify approval of planning permission. The proposal fails to comply with Policy 30e of National Planning Framework 4 because the proposed development of 13 self-contained units used as short-term holiday lets is not in keeping with the character of the neighbourhood and would have an adverse impact on local amenity and the character of a neighbourhood area. The application also fails to demonstrate that the loss of the residential accommodation within the building is outweighed by the local economic benefits which would be derived from the proposed short-term holiday letting use. There are no material considerations of sufficient weight to justify approval of planning permission, the proposal would have an unacceptable impact on the amenity of residents in the surrounding area by means of noise from guests and music, and disturbance by vehicular movements. As such, the application is contrary to Policy 23 - Health and Safety of National Planning Framework 4 and Policy 39 of the Dundee Local Development Plan 2019. There are no material considerations of sufficient weight to justify approval of the application, and also the additional reason proposed by Bailie Scott that the proposal fails to comply with Policy 30b of National Planning Framework 4 because the proposed development of 13 self-contained units used as short-term holiday lets is not compatible with the surrounding area in terms of the nature and scale of the proposed activities and impacts of increased overnight visitors. There are no material considerations of sufficient weight to justify approval of planning permission.

 

On a division, there voted for the motion - the Convener, Bailie Sawers and Councillors Black, Flynn, Hunter, Lynn, Mills, Rome, Smith, Tolland and Scullin (11); and for the amendment - Depute Lord Provost Cordell, Bailies Macpherson, Wright and Scott and Councillors Anderson, Finnegan, McHugh, McIrvine, Shears, Coleman, Crichton and Duncan (12) - Lord Provost Campbell taking no part in the vote due to losing connection during the proceedings - whereupon the amendment was carried and the application was refused.

 

(b) 24-00246-LBC - INTERNAL AND EXTERNAL ALTERATIONS TO ACCOMMODATE CHANGE OF USE TO 13 SELF-CATERING APARTMENTS - JESSIES KITCHEN, BROOMFIELD NURSERIES, 3 ALBERT ROAD, BROUGHTY FERRY, DUNDEE - FOR OLIVIER PROPERTIES LTD

 

It was reported that requests had been received for a deputation to address the Committee from Neil Gray of Gray Planning and Development Ltd and Jennifer Olivier of Olivier Properties Ltd in support of the application. Thereafter, 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.

 

(c) 24-00369-CON - APPLICATION FOR CONSERVATION AREA CONSENT TO DEMOLISH PART OF THE BUILDINGS AT 16 AND 18 AIRLIE PLACE, DUNDEE - FOR UNIVERSITY OF DUNDEE ESTATES AND CAMPUS SERVICES

 

The Committee acceded to requests for a deputation to address the Committee in support of the application by Neil Gray of Gray Planning and Development Ltd and Neil Simpson of Wellwood Leslie Architects. 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 Shears, moved that the application be approved, subject to the conditions recommended by the Head of Planning and Economic Development. As an amendment, Bailie Macpherson, seconded by Councillor Crichton, moved that the application be refused on the grounds that the substantial demolition of the building would have an adverse impact on the character and appearance of the surrounding University Conservation Area. As such, the proposals fail to meet the statutory duty set out in Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

 

On a division, there voted for the motion - the Convener, Bailie Sawers and Councillors Anderson, Flynn, Hunter, Mills, Rome, Smith, Tolland, Scullin, Shears and Coleman (12); and for the amendment - Lord Provost Campbell, Depute Lord Provost Cordell, Bailies Macpherson, Wright and Scott and Councillors Black, Lynn, Finnegan, McHugh, McIrvine, Crichton and Duncan (12) - there being a parity of votes, the Convener used his casting vote in favour of the motion - whereupon the motion was carried and the application was approved.

 

 

 

 

Will DAWSON, Convener.