Planning Committee (including Former Development Management And Development Quality) - 17/05/2021

At a MEETING of the PLANNING COMMITTEE held remotely on 17th May, 2021.

Present:-

BAILIES

COUNCILLORS

Councillor Will DAWSON, Convener, in the Chair.

The minute of meeting of this Committee of 14th April, 2021 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

There were no declarations of interest.

II PLANNING APPLICATIONS

(a) 20-00423-FULM - PROPOSED ERECTION OF 150 HOUSES WITH SUDS, ROADS AND LANDSCAPING ON ALLOCATED SITE H45 - LAND TO THE EAST OF BALLUMBIE ROAD, DUNDEE - FOR STEWART MILNE HOMES NORTH

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, the Convener, seconded by Bailie Roberts, moved approval of the application, subject to the conditions recommended by the Head of Planning and Economic Development.

As an amendment, Bailie Sawers, seconded by Councillor Rome, moved refusal of the application on the grounds that the development of 150 houses on this part of allocated housing site H45 would, in conjunction with the approved development of the southern part of the wider site, result in a development of 226 houses. This is in excess of the indicative capacity of 150 houses as set out in Appendix 3 of the Dundee Local Development Plan 2019 and would result in overdevelopment that would likely lead to traffic congestion in the local area, with a detrimental effect on the capacity and safe functioning of the existing road network. This is contrary to the requirements of Criterion 4 of Policy 54 of the Dundee Local Development Plan 2019. There are no material considerations of sufficient weight that would justify approval of the application contrary to the Development Plan.

On a division, there voted for the motion - the Convener, Bailies Roberts and Keenan and Councillors Lynn and Cruickshank (5); and for the amendment - Lord Provost Borthwick, Bailies Sawers, Wright, Scott and Macpherson and Councillors Cordell, Flynn, Hunter, Rendall, Rome, Smith, McCready, Malone, Richardson, Hay, Scott and Duncan (17) - whereupon the amendment was carried and the application refused.

(b) 20-00823-FULM - ERECTION OF 16 HOUSES WITH ASSOCIATED INFRASTRUCTURE - FORMER WALLED GARDEN, LINLATHEN GROVE, BROUGHTY FERRY, DUNDEE - FOR KIRKWOOD HOMES 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, 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 Scott, seconded by Councillor Duncan, moved refusal of the application on the grounds that:-

1. The proposed development would exacerbate existing capacity issues within local infrastructure and community facilities such as health care and education. The applicant has also failed to provide adequate public transport provision and community shops and services in the immediate area for use by the residents of the proposed houses. The proposed development would therefore not integrate with any existing community infrastructure and fails to provide new community infrastructure. The application therefore fails to comply with Policy 2 of TAYplan 2016-2036. There are no material considerations of sufficient weight to justify approval of the application.

2. The proposed residential development is in excess of 400 metres from existing public transport provision and would not provide convenient links to services such as schools and shops. The proposal therefore fails to minimise the need to travel by private car. The associated increase in vehicle movements to and from the site would have an adverse impact on the capacity of the local road network, result in additional congestion and be to the detriment of road, cyclist and pedestrian safety. The application therefore fails to comply with Policy 54 of the Dundee Local Development Plan 2019. There are no material considerations of sufficient weight to justify approval of the application.

3. The proposed residential development would result in the loss of habitat, trees and impact on species including bats, hedgehogs and birds. The proposal would therefore have a significant effect on the conservation interests of Dighty Burn Locally Important Nature Conservation Site, located immediately to the south of the site. The application therefore fails to comply with Policy 33 of the Dundee Local Development Plan 2019. There are no material considerations of sufficient weight to justify approval of the application.

4. The proposed residential development would be sited within the Open Countryside Area, where there is a presumption against new development and the proposal does not meet any of the criteria of Policy 31. The application therefore fails to comply with Policy 31 of the Dundee Local Development Plan 2019. There are no material considerations of sufficient weight to justify approval of the application.

5. The application site falls out with any allocated housing site, and the provision of private homes in this location fails to contribute to the tenure mix or regeneration objectives of the local area. The application therefore fails to comply with Policy 9 of the Dundee 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 and Councillors Flynn and Lynn (3); and for the amendment - Lord Provost Borthwick, Bailies Roberts, Sawers, Keenan, Wright, Scott and Macpherson and Councillors Cordell, Hunter, Rendall, Rome, Smith, Cruickshank, McCready, Richardson, Hay, Scott and Duncan (18) - Councillor Malone having lost connection during the vote - whereupon the amendment was carried and the application refused.

(c) 20-00824-FULM - ERECTION OF 15 HOUSES WITH ASSOCIATED INFRASTRUCTURE - LAND NORTH OF 1-19 LINLATHEN GROVE, BROUGHTY FERRY, DUNDEE - FOR KIRKWOOD HOMES 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, the Convener, seconded by Bailie Roberts, moved approval of the application, subject to the conditions recommended by the Head of Planning and Economic Development.

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

1. The proposed development would exacerbate existing capacity issues within local infrastructure and community facilities such as health care and education. The applicant has also failed to provide adequate public transport provision and community shops and services in the immediate area for use by the residents of the proposed houses. The proposed development would therefore not integrate with any existing community infrastructure and fails to provide new community infrastructure. The application therefore fails to comply with Policy 2 of TAYplan 2016-2036. There are no material considerations of sufficient weight to justify approval of the application.

2. The proposed residential development is in excess of 400 metres from existing public transport provision and would not provide convenient links to services such as schools and shops. The proposal therefore fails to minimise the need to travel by private car. The associated increase in vehicle movements to and from the site would have an adverse impact on the capacity of the local road network, result in additional congestion and be to the detriment of road, cyclist and pedestrian safety. The application therefore fails to comply with Policy 54 of the Dundee Local Development Plan 2019. There are no material considerations of sufficient weight to justify approval of the application.

3. The proposed residential development would be sited within the Open Countryside Area, where there is a presumption against new development and the proposal does not meet any of the criteria of Policy 31. The application therefore fails to comply with Policy 31 of the Dundee 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, Bailie Roberts and Councillors Flynn, Lynn and Richardson (5); and for the amendment - Lord Provost Borthwick, Bailies Sawers, Keenan, Wright, Scott and Macpherson and Councillors Cordell, Hunter, Rendall, Rome, Smith, Cruickshank, McCready, Malone, Hay, Scott and Duncan (17) - whereupon the amendment was carried and the application refused.

(d) 21-002-HAZREV - REVOCATION OF HAZARDOUS SUBSTANCE CONSENTS ON THE GAS HOLDER SITE, 50 EAST DOCK STREET, DUNDEE

The Committee agreed to an Order to revoke the hazardous substances consents on the Gasholder Site, 50 Dock Street, Dundee, under section 12(2)(c) of the Planning (Hazardous Substances) (Scotland) Act 1997, subject to the confirmation of Scottish Ministers, and to serve notice of the Order in terms of section 13(3) of the said 1997 Act.

Will DAWSON, Convener.