Planning Committee (including Former Development Management And Development Quality) - 16/08/2021

At a MEETING of the PLANNING COMMITTEE held remotely on 16th August, 2021.

Present:-

BAILIES

COUNCILLORS

Councillor Will DAWSON, Convener, in the Chair for Articles I, II and III.

Councillor John ALEXANDER, Leader of the Administration, in the Chair for Article IV.

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

Unless marked thus * all items stand delegated.

I DECLARATIONS OF INTEREST

The Convener declared a non-financial interest in Article IV by virtue of being a member of Leisure & Culture Dundee, vacated the Chair, and left the meeting for consideration of this item.

Bailie Roberts declared a non-financial interest in Article IV by virtue of being a member of Leisure & Culture Dundee, and left the meeting for consideration of this item.

II PLANNING APPLICATIONS

(a) 20-00591-FULL - ERECTION OF 18 FLATS FOR SOCIAL RENT WITH ASSOCIATED ACCESS, PARKING AND LANDSCAPING - SITE OF FORMER HOTEL, 40 COUPAR ANGUS ROAD, DUNDEE - FOR REDWOOD BIRKHILL LTD

It was reported that a request had been received for a deputation to address the Committee in support of the application. Having considered objections received, 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.

(b) 20-00746-FULL - APPLICATION TO REMOVE CONDITION 16 OF PLANNING PERMISSION TO ALLOW UNRESTRICTED DELIVERIES TO ASDA SUPERMARKET, MILTON OF CRAIGIE RETAIL PARK, DUNDEE - MILTON OF CRAIGIE RETAIL PARK, DUNDEE - FOR ASDA STORES LTD

Having considered objections received, the Committee approved the application, subject to the conditions recommended by the Head of Planning and Economic Development.

(c) 20-00798-FULL - DEMOLITION OF EXISTING HOUSE AND ERECTION OF NEW HOUSE WITH GARAGE/GRANNY ANNEXE - 140 STRATHERN ROAD, BROUGHTY FERRY, DUNDEE - FOR MR AND MRS GILLAN

Having considered objections received, the Committee approved the application, subject to the conditions recommended by the Head of Planning and Economic Development.

(d) 21-00070-FULL - DEMOLITION OF AN EXISTING HOUSE AND ERECTION OF A REPLACEMENT HOUSE - 35 CARSEVIEW GARDENS, DUNDEE - FOR MR OWEN DYER

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 Macpherson, seconded by Councillor McCready, moved refusal of the application on the grounds that:-

1. The proposal is contrary to Policy 1 (High Quality Design and Placemaking) as it would result in the loss of a fine sandstone lodge house built in 1892 that has character and is far more appropriate for the setting. Further, the design and size of the proposed new dwelling is inappropriate and out of keeping with the surrounding area and the proposal would fail to contribute positively to the quality of the surrounding built and natural environment. There are no material planning considerations of sufficient weight to justify approval of the application contrary to the development plan.

2. The applicant has failed to provide a statement to demonstrate compliance with Policy 48 (Low and Zero Carbon Technology in New Development). There are no material planning considerations of sufficient weight to justify approval of the application contrary to the development plan.

On a division, there voted for the motion - the Convener, Bailie Roberts and Councillors Flynn, Rome, Smith and Murray (6); and for the amendment - Lord Provost Borthwick, Bailies Sawers, Keenan, Scott and Macpherson and Councillors Alexander, Hunter, Rendall, McCready, McIrvine, Marra, Richardson, Hay, Scott and Duncan (15) - Bailie Wright and Councillor Lynn being absent during part of this item therefore declining to vote - whereupon the amendment was carried and the application refused.

(e) 21-00138-FULL - CHANGE OF USE FROM DWELLINGHOUSE TO WATER SPORTS CLUB HEADQUARTERS WITH ASSOCIATED ALTERATIONS - GLENOGIL, 9A OGILVIE ROAD, DUNDEE - FOR ROYAL TAY YACHT CLUB

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, Councillor Duncan, seconded by the Convener, moved approval of the application, subject to the conditions recommended by the Head of Planning and Economic Development and subject to the additional condition that the latest opening hours detailed in Condition 3 be curtailed by one hour, to include access the viewing platform/deck.

As an amendment, Councillor Flynn, seconded by Councillor Rendall, moved refusal of the application on the grounds that the application is contrary to Policy 54 of the Dundee Local Development Plan and the application is contrary to Policy 27 of the Dundee Local Development Plan.

On a division, there voted for the motion - the Convener, Bailies Roberts, Sawers, Keenan, Wright, Scott and Macpherson and Councillors Alexander, Rome, Smith, McCready, Marra, Hay, Scott, Duncan and Murray (16); and for the amendment - Lord Provost Borthwick and Councillors Flynn, Hunter, Rendall and Richardson (5) - Councillors Lynn and McIrvine being absent during part of this item therefore declining to vote - whereupon the motion was declared carried.

As a further amendment, Councillor Murray, seconded by Councillor Smith, moved approval of the application.

On a division, there voted for the motion - the Convener, Lord Provost Borthwick, Bailies Roberts, Sawers, Keenan, Wright, Scott and Macpherson and Councillors Rendall, McCready, Marra, Richardson, Hay, Scott, Duncan (15); and for the amendment - Councillors Alexander, Flynn, Hunter, Rome, Smith and Murray (6) - Councillors Lynn and McIrvine being absent during part of this item therefore declining to vote - whereupon the motion was declared carried, became the finding of the meeting and the application approved.

III REQUEST FOR DIRECT ACTION TO REMOVE FIXTURES AND FITTINGS FROM UNAUTHORISED GYMNASIUM AT UNITS 7 AND 8, WEBSTERPARK, 17 DUNSINANE AVENUE, DUNDEE

The Committee acceded to a request for a deputation to address the Committee relative to this item of business. After the deputation had stated their case and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

There was submitted Report No 220-2021 by the Executive Director of City Development seeking authority to take appropriate action to seek compliance with an Enforcement Notice at Units 7 and 8, Webster Park, 17 Dunsinane Avenue, Dunsinane Industrial Estate, Dundee, DD2 3FU.

The Committee:-

(i) authorised direct action under the terms of Section 135 of The Town and Country Planning (Scotland) Act 1997, as amended, to allow the Council to enter Units 7 and 8, Webster Park, 17 Dunsinane Avenue, Dunsinane Industrial Estate, Dundee, and take the necessary steps to ensure the terms of the Enforcement Notice were complied with, following the non-compliance of its terms by the tenant and landowner when this was considered appropriate; and

(ii) authorised the Executive Director of City Development to recover any expense reasonably incurred by the Council in taking such action from the tenant or landowner.

Will DAWSON, Convener.