Planning Committee (including Former Development Management And Development Quality) - 12/08/2013

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 12th August, 2013.

Present:-

BAILIES

COUNCILLORS

Councillor Jimmy BLACK, Vice-Convener, in the Chair.

The minute of meeting of this Committee of 17th June, 2013 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Bailie Borthwick declared a non-financial interest in Article II(a) by virtue of knowing the father of the applicant.

II PLANNING APPLICATIONS

(a) 13-00318-FULL - CHANGE OF USE FROM WHOLESALE DISPENDING STORE TO LICENSED OFF-SALES SHOP

The Committee acceded to requests for deputations to address the Committee both in support of and relative to objections to the above-mentioned application.

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 Lord Provost Duncan, moved approval of the application, subject to the conditions recommended by the Director, together with an advisory note regarding other consents required.

As an amendment, Councillor Macpherson, seconded by Councillor McCready, moved refusal of the application on the grounds that the proposal was contrary to Policy 1 of the Dundee Local Plan Review 2005 and it was considered that the use of the premises as a licensed off-sales shop would have an adverse impact on the environmental quality enjoyed by local residents because of potential noise disturbance and litter from the site and increase in parking and traffic movements. There were no material considerations that would justify approval of the proposal contrary to the Development Plan.

On a division, there voted for the motion - the Convener, Lord Provost Duncan, Bailies Sawers and Wright and Councillors Alexander, Dawson, Lynn, Melville, Murray, Cruickshank, Ferguson, Gordon and McGovern (13); and for the amendment - Depute Lord Provost Roberts, Bailie Scott and Councillors Guild, Campbell, Cordell, Hunter, McDonald, Bidwell, Brennan, McCready and Macpherson (11); Bailie Borthwick and Councillor Asif declining to vote - whereupon the motion was declared carried.

(b) 13-00310-FULL - MILTON OF CRAIGIE RETAIL PARK - APPLICATION TO VARY CONDITION OF PREVIOUSLY APPROVED PLANNING APPLICATION TO ALLOW THE SALE OF BOTH FOOD AND NON-FOOD RETAIL (CLASS 1)

After considering objections received, the Committee refused the application on the grounds that the proposal failed to demonstrate that the introduction of food retail sales floor space into Kingsway East Retail Park would not undermine the Local Plan retail strategy or adversely impact on the vitality or viability of the city centre and district centres. In addition, the proposal failed to demonstrate that there is a qualitative or quantitative deficiency in food retailing in the area surrounding the application site. The proposals were therefore contrary to the requirements of Policy 7 of Tayplan Strategic Development Plan, Policies 45 and 47 of the Dundee Local Plan Review 2005 and Policies 23 and 24 of the Proposed Dundee Local Development Plan. There were no material considerations that would justify laying aside the provisions of the Local Plan to grant planning permission.

(c) 13-00361-FULL - LAND ADJACENT TO RAILWAY AND SOUTH OF GREENMARKET - ERECTION OF NEW CYCLE - FOOTBRIDGE AND ASSOCIATE APPROACH RAMPS/STAIRS AND LIFT - FOR DUNDEE CITY COUNCIL

After considering objections received, the Committee approved the application, subject to the conditions recommended by the Director of City Development.

(d) 13-00224-FULM - SITE AT DISCOVERY QUAY, RIVERSIDE DRIVE - CONSTRUCTION OF THE V&A AT DUNDEE MUSEUM - FOR DUNDEE CITY COUNCIL

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

In addition, the Committee agreed that the Council, as Competent Authority under the Conservation (Natural Habitats) Regulations 1994 (as amended) and for the reasons set out in the Director's report, resolved:-

- that the proposal was likely to have a significant effect on European designated sites; and

- after making an appropriate assessment of the implications of the development on the European designated sites, taking into account these sites conservation objectives and after consultation with SNH (having regard to the representations made by them and conditions and mitigation measures suggested by them), that the proposal will not adversely affect the integrity of the designated European sites.

(e) 13-0027-FULM - WALLACE CRAIGIE WORKS, 2 BROUGHTY FERRY ROAD, DUNDEE - APPLICATION TO VARY CONDITIONS 1 TO 10 AND ATTACH EIGHT NEW CONDITIONS TO PREVIOUS PLANNING APPLICATION - FOR CRAIGIE ESTATES LTD

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

(f) 37 TO 52, 53 TO 64 AND 65 TO 76 ORMISTON CRESCENT, DUNDEE - PLANNING PERMISSION FOR DEMOLITION OF THREE BLOCKS OF FLATS AND ERECTION OF 21 HOUSES, 4 FLATS, ACCESS ROAD, PARKING AND ASSOCIATED LANDSCAPING - FOR ANGUS HOUSING ASSOCIATION

This item was withdrawn.

(g) 13-00312-FULL - 306 PERTH ROAD, DUNDEE - INSTALLATION OF ILLUMINATED ATM ON FRONT ELEVATION OF RETAIL UNIT - FOR MR ROY LANNING

Councillor Macpherson, seconded by Councillor Lynn, moved refusal of the application on the grounds that the installation of an ATM on the front elevation of this property failed to meet the requirements of Policy 1 (Vibrant and Sustainable Communities) of the Dundee Local Plan Review 2005 as it encouraged very short-stay parking of vehicles adjacent to the site to the detriment of traffic safety, pedestrian safety and the free flow of vehicles in this location which was subject to periodic traffic congestion. There were no material considerations that would justify the approval of planning permission.

As an amendment, the Convener, seconded by Councillor Dawson, moved approval of the application.

On a division, there voted for the motion - Lord Provost Duncan, Depute Lord Provost Roberts, Bailie Scott and Councillors Guild, Campbell, Cordell, Hunter, Lynn, McDonald, Bidwell, McCready and Macpherson (12); and for the amendment - the Convener, Bailies Sawers, Wright and Borthwick and Councillors Alexander, Dawson, Melville, Murray, Asif, Brennan, Cruickshank, Ferguson, Gordon and McGovern (14) - whereupon the amendment was declared carried.

(h) 13-00311-ADV - 306 PERTH ROAD, DUNDEE - INSTALLATION OF ILLUMINATED SIGNAGE AT ATM ON FRONT ELEVATION OF RETAIL UNIT

The Committee approved the application.

III REQUEST FOR DIRECT ACTION AT 32 SHAFTESBURY ROAD, DUNDEE

There was submitted Report No 310-2013 by the Director of City Development seeking Committee approval for taking appropriate action to seek compliance with a Listed Building Enforcement Notice in respect of 32 Shaftesbury Road, Dundee.

The Committee authorised action under the terms of Section 38 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, to allow the Council to enter onto land and take necessary steps to comply with the terms of the Listed Building Enforcement Notice, having noted that any expenses reasonably incurred by the Council taking such action would be recovered from the landowner.

IV DELEGATED ITEMS

There was submitted Agenda Note AN91-2013 advising that from 22nd May to 21st July, 2013, 95 applications were decided under delegated powers. 19 of these applications attracted objections and of these 14 were approved and five were refused.

The Committee noted accordingly.

Jimmy BLACK, Vice-Convener.