Planning Committee (including Former Development Management And Development Quality) - 19/10/2020

At a MEETING of the PLANNING COMMITTEE held remotely at Dundee on 19th October, 2020.

Present:-

Lord Provost Ian BORTHWICK

Depute Lord Provost Bill CAMPBELL

BAILIES

COUNCILLORS

Councillor Will DAWSON, Convener, in the Chair.

The minute of meeting of this Committee of 14th September, 2020 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor McCready declared a non-financial interest in Article II(c) by virtue of his appointment as Director with Scotmid, left the meeting for this item, and took no part in the debate.

II PLANNING APPLICATIONS

(a) 20-00141-LBC - 69 DALKEITH ROAD, DUNDEE - ALTERATIONS (SUB-DIVISION) TO LISTED BUILDING TO CREATE 3NO FLATS AND ALTERATIONS TO BOUNDARY WALLS - FOR MR AND MRS DOW

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

(b) 20-00142-FULL - 69 DALKEITH ROAD, DUNDEE - SUB-DIVISION OF EXISTING DWELLING HOUSE TO CREATE THREE FLATS AND ERECTION OF DWELLING HOUSE IN GARDEN GROUND - FOR MR AND MRS DOW

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

(c) 20-00344-FULL - LAND TO THE EAST OF 61 MYREKIRK ROAD, DUNDEE - ERECTION OF THREE RETAIL UNITS AND ONE FOOD AND DRINK UNIT - FOR ICENI PROJECTS 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, the Convener, seconded by Councillor Alexander, moved refusal of the application on the grounds that:-

1. the proposed development is contrary to Policy 21 (Town Centre First Principle) of the Dundee Local Development Plan 2019 as the application site is out-of-centre and the applicant has failed to demonstrate that the proposal would not prejudice the vitality or viability of the City Centre, District Centres or Commercial Centres; locating such a development at an out-of-centre site would fail to encourage additional expenditure within, and improve the vitality and viability of, the City Centre and District Centres; there is no deficiency in the provision of any retailing that cannot be met within the established network of centres.

2. the proposed development is contrary to Policy 54 (Safe and Sustainable Transport) as the applicant has not demonstrated that the proposed out-of-centre development would not increase reliance on the car. There are no material planning considerations of sufficient weight to justify approval of the application contrary to the Development Plan.

3. the proposal is contrary to the Strategic Development Plan TAYplan Policy 5 (Town Centres First) as the proposed development would be outwith the City Centre and District Centres. The applicant has failed to demonstrate that the proposal would not prejudice the vitality or viability of the defined network of centres and the citys role as a regional centre for retailing. There are no material considerations of sufficient weight to justify approval of the application contrary to regional policy.

4. the proposal is contrary to Scottish Planning Policy (2014) and the Scottish Governments Town Centre First Principle. There are no material planning considerations of sufficient weight to justify approval of the application contrary to national policy.

As an amendment, Councillor Ross, seconded by Councillor Malone, moved that the application be approved, having noted that whilst the application is contrary to the Development Plan, the proposed development would result in economic benefits in the form of additional employment for the City, and would bring a longstanding vacant site back into use. The material considerations are considered to be of a sufficient weight to set aside the relevant provisions of the Development Plan, and subject to the conditions for retail floorspace within Units 1 and 2 that:-

1. Condition: Prior to the commencement of work on site, details of the proposed finishing materials of the development hereby approved shall be submitted to the planning authority for written approval. Thereafter, the proposed development shall be finished in strict accordance with the details approved by this condition.

Reason: In the interests of visual amenity.

2. Condition: Prior to the commencement of work on site, details of the proposed boundary treatments and their location on the site shall be submitted to the planning authority for written approval. Thereafter, the erection of the boundary treatments shall be carried out in strict accordance with the details approved by this condition.

Reason: In the interests of privacy and visual amenity.

3. Condition: Prior to the commencement of work on site details of a scheme of public art to be provided within the development hereby approved shall be submitted to the planning authority for written approval. Thereafter, the approved scheme of public art shall be installed prior to the completion of the development hereby approved.

Reason: In the interests of enhancing the amenity and environmental quality of the development.

4. Condition: The proposed unit 3 as shown on the site plan (drawing number 4543-02-003) hereby approved shall only be used for a purpose in Class 3 (Food and Drink) of the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997 as amended or re-enacted.

Reason: In the interests of protecting the City Centre and District Centres.

5. Condition: Prior to the commencement of development, a scheme of landscaping shall be submitted to and approved by the planning authority, and it shall include indications of all existing trees and hedgerows on this land, and details of any to be retained, together with measures for their protection in the course of development in accordance with BS5837:2012. Full details of new planting and landscaping and an associated maintenance schedule shall also be submitted to and approved by the planning authority prior to the commencement of development. Any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within 5 years of planting shall be replaced by trees or shrubs of similar size and species to those originally required to be planted in terms of this condition.

Reason: To ensure that the proposed development has a satisfactory external appearance in the interests of the visual amenities of the area.

6. Condition: Full details of a maintenance plan for the existing (and proposed) trees shall be submitted to the planning authority for approval before any development commences on site and if approved the development shall be carried out only in full accordance with such details.

Reason: To ensure that the character of the application site and the surrounding area is maintained.

7. Condition: Prior to the commencement of any works on site, a detailed surface water drainage/ SUDS design including drawings, calculations, full modelling, simulation results, design risk assessment, signed Dundee City Council Design Compliance and Independent Check Certification, evidence of compliance with the Simple Index Approach as described in section 26.7.1 of the CIRIA SUDS Manual (C753), and where appropriate SEPA comments shall be submitted to the planning authority for written approval. Thereafter, all works approved by virtue of this condition shall be carried out prior to the first occupation of the development hereby approved.

Reason: In the interests of flood protection.

8. Condition: Prior to the commencement of any works on site, maintenance responsibilities along with a maintenance schedule for the surface water drainage system/SUDSs features shall be submitted to the planning authority for written approval. Thereafter, all works approved by virtue of this condition shall be carried out in perpetuity.

Reason: In the interests of flood prevention and visual amenity.

9. Condition: Prior to the commencement of any works on site, evidence of Scottish Water approval for the proposed drainage system for the development hereby approved shall be submitted to the planning authority for written approval.

Reason: In the interests of flood protection.

10. Condition: The total noise from the mechanical and electrical plant/services shall not exceed NR35 during night-time, as measured 1 metre external to the facade of nearby residential property. Night-time hours are 23:00 to 07:00 hours.

Reason: In the interests of protecting residential amenity.

11. Condition: All servicing and deliveries, including loading, unloading or lay-up shall only be between 07:00 to 21:00 hours Monday to Saturday and 09:00 to 16:00 hours Sunday.

Reason: In the interests of protecting residential amenity.

12. Condition: Prior to the commencement of the development hereby approved, full details of the proposed means of providing heat, hot water and emergency power to the buildings, including details of any boilers, flues or extracts or other similar related works shall be submitted to and approved in writing by Dundee City Council as Planning Authority. An air quality assessment may be required depending on the size, location and fuel type of any combustion appliances. Thereafter, the development shall be implemented in accordance with the approved details and be maintained as such.

Reason: In the interests of ensuring there is no significant increase in air pollution.

13. Condition: Development shall not begin until the investigation and risk assessment proposed in the submitted Stage I Desk Study are completed and, if necessary; a remediation scheme to deal with any contamination at the site has been submitted to and approved in writing by the planning authority. The scheme shall contain proposals to deal with contamination to include:

(i) the nature, extent and type(s) of contamination on the site.

(ii) measures to treat/remove contamination to ensure the site is fit for the use proposed and does not contain any significant pollution linkages.

(iii) measures to deal with contamination during construction works.

(iv) verification of the condition of the site on completion of decontamination measures.

Reason: In the interests of providing a site suitable for development.

14. Condition: Before any unit is occupied the remediation scheme shall be fully implemented and a verification report with relevant documentation demonstrating that the objectives of the remediation strategy have been achieved shall be submitted to and approved by the planning authority.

Reason: In the interests of providing a site suitable for development.

15. Condition: Full details of the provision for waste and recycling storage within the development hereby approved shall be submitted to the planning authority for approval in writing. Thereafter, the waste and recycling storage shall be installed prior to the completion of the development and in strict accordance with the details approved by this condition.

Reason: To ensure provision for waste and recycling is provided in accordance with the Councils Waste Management Strategy.

16. Condition: A Sustainability Statement demonstrating the extent to which the development will meet the requirements of Policy 48 of the Dundee Local Development Plan 2019 shall be submitted for the approval of the planning authority and the works shall be completed in accordance with the approved Statement.

Reason: In the interests of reducing carbon emissions associated with the proposed development.

17. Condition: Prior to any works on site details of secure and covered cycle parking shall be agreed in writing by the planning authority and this shall include separate provision made for staff with changing facilities.

Reason: In the interests of sustainable travel measures.

18. Condition: Prior to any of the units opening to customers, details of the proposed four electric car charging points shall be agreed and provided at a location and number to be approved in writing by the planning authority.

Reason: In the interests of sustainable travel measures.

19. Condition: Prior to the service yard being brought into use details of the signage to the service yard shall be agreed in writing by the planning authority.

Reason: In the interests of vehicle and pedestrian safety.

20. That within Unit 1 the sale and display of comparison goods shall be limited to no more that 40% of the net sales area of the store, subject to a limitation that no single group of goods from the following list (a) to (h) inclusive shall occupy more than 50% of the said sales area floor space devoted to the sale of comparison goods, the said listing being as follows:-

(a) Books;

(b) Clothing and Footwear;

(c) Furniture, Floor Coverings and Household Textiles;

(d) Radio, Electrical and other Durable Goods;

(e) Hardware and DIY Supplies;

(f) Chemist Goods;

(g) Jewellery, Silverware, Watches and Clocks; and

(h) Recreational and other Miscellaneous Goods.

Reason: In order to protect the existing network of centres.

21. That within Unit 2 the sale and display of comparison goods shall be limited to no more that 30% of the net sales area of the store, subject to a limitation that no single group of goods from the following list (a) to (h) inclusive shall occupy more than 50% of the said sales area floor space devoted to the sale of comparison goods, the said listing being as follows:

(a) Books;

(b) Clothing and Footwear;

(c) Furniture, Floor Coverings and Household Textiles;

(d) Radio, Electrical and other Durable Goods;

(e) Hardware and DIY Supplies;

(f) Chemist Goods;

(g) Jewellery, Silverware, Watches and Clocks; and

(h) Recreational and other Miscellaneous Goods.

Reason: In order to protect the existing network of centres.

22. Condition: The units hereby approved and shown on the site plan drawing 4543-02-003 shall -

(i) Not be subdivided into a smaller unit than that shown on the plans approved by this permission;

(ii) Not be increased in gross floor space as a result of the introduction of mezzanine levels;

(iii) Not be occupied by any more than one retailer at any one time.

Reason: In order to protect the existing network of centres.

INFORMATIVES -

1. A planning application would be required for an external seating area outside Unit 3 approved for use as Class 3 (Food and Drink).

2. Any damage caused to the existing adopted footway or carriageway ex adverso the site as a result of development work must be made good by the applicant at their expense. All related works must be to Dundee City Council standards and specifications.

On a division, there voted for the motion - the Convener, Lord Provost Borthwick, Bailies Roberts and Scott and Councillors Alexander, Lynn, Rendall, Rome, Marra, Hay, and Scott (11); and for the amendment - Bailies Keenan and Macpherson and Councillors Cordell, Flynn, Hunter, Ross, Smith, McIrvine, Malone, Richardson, Duncan and Murray (12) - Depute Lord Provost Campbell, Bailie Sawers and Councillor McCready being absent when the vote was taken, whereupon the amendment was declared carried.

III DELEGATED APPLICATIONS

There was submitted Agenda Note AN31-2020, whereby it was noted that from 1st August, 2020 to 30th September, 2020 the Planning Team determined 91 applications under delegated powers. Of those applications, 90 were approved and 1 was refused. A total of 19 of the 91 applications attracted

objections and all of those were approved.

Will DAWSON, Convener.