Planning Committee (including Former Development Management And Development Quality) - 16/12/2013

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 16th December, 2013.

Present:-

BAILIES

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Committee of 18th November, 2013 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 13-00652-FULL - LAND TO SOUTH OF DUNSINANE AVENUE, DUNDEE - ERECTION OF RESTAURANT/BAR AND THREE STAFF FLATS, PARKING, LANDSCAPING AND ACCESS ROAD - FOR CLOVERLEAF RESTAURANT

The Committee acceded to a request which had been received for a deputation to address the Committee in support of the above application. After the deputation had stated its case and answered questions from members of the Committee, it was thanked for its attendance and withdrew.

Thereafter, the Convener, seconded by Councillor Lynn, moved refusal of the application on the grounds that:-

(i) the use of the site for purposes outwith Classes 4, 5 and 6 of the Use Classes Order 1997 in this identified Principal Economic Development Area would be contrary to the requirements of Policy 1 (Principal Economic Development Areas) of the Dundee Local Development Plan. There were no material considerations that would justify laying aside the provision of the Development Plan to grant planning permission;

(ii) the sequential assessment of site location fails to demonstrate that there are no other suitable locations for the proposed development within and on the edge of the City Centre, district centres, leisure parks and existing commercial centres. The supporting information failed to demonstrate how the location of the application site would not adversely impact on the vitality and viability of the City Centre, district centres and the Dunsinane Principal Economic Development Area. The proposals were therefore contrary to the Scottish Planning Policy 2010. There were no material considerations that would justify approval of planning permission in this instance; and

(iii) by virtue of access arrangements, level of car parking, operational floor area and number of covers, the proposed restaurant/bar is clearly aimed towards visiting members of the public rather than employees working within Dunsinane Principal Economic Development Area. Therefore, the proposed development was not an ancillary facility to Dunsinane Economic Development area. The proposed development was contrary to the requirements of Policy 4 of the Dundee Local Development Plan. There were no material considerations that would justify laying aside the provisions of the Development Plan to grant planning permission.

As an amendment, Councillor Ross, seconded by the Lord Provost, moved approval of the application, subject to the conditions that:-

(i) development should not begin on site until a remediation strategy to deal with contamination at the site had been submitted to and approved in writing by the planning authority. The strategy should contain proposals to deal with contamination to include:-

(a) the nature, extent and type(s) of contamination on the site;

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

(c) measures to deal with contamination during construction works; and

(d) verification of the condition of the site on completion of decontamination measures;

(ii) before the restaurant/bar was occupied the remediation strategy should be fully implemented and a verification report with relevant documentation demonstrating that the objectives of the remediation strategy have been achieved should be submitted to and approved by the planning authority;

(iii) the total noise from the mechanical/electrical plant/services should not exceed NR35, as measured 1 metre external to the facade of adjacent residential property. NR35 was applicable during night time hours which are 2300hours to 0700hours;

(iv) a Sustainability Statement demonstrating the extent to which the development will meet the requirements of Policy 29 of the Dundee Local Development Plan should be submitted for the approval of the Council and the works should be completed in accordance with the approved Statement;

(v) the three flatted dwelling units should be occupied only by employees of the restaurant/bar hereby approved along with members of their immediate families; and

(vi) prior to the commencement of work on site, details of a maintenance schedule for the proposed surface water drainage system should be submitted to the Council for written approval. Thereafter, the surface water drainage system should be maintained in accordance with the maintenance schedule hereby approved;

in the interests of decontaminating the application site; to ensure that the application site is fit for purpose; in the interests of safeguarding amenity; facilitating sustainable development; and of preventing flooding of the application site and the surrounding area.

On a division, there voted for the motion - the Convener, Bailies Borthwick and Scott, and Councillors Campbell, Lynn, Keenan, Bidwell, Ferguson and Gordon (9); and for the amendment - Lord Provost Duncan, Bailie Sawers and Councillors Alexander, Black, Hunter, Melville, Murray, Ross, Asif, Cruickshank, McGovern and Macpherson (12) - whereupon the amendment was declared carried.

(b) 13-00708-FULL - 28 INVERGOWRIE DRIVE, DUNDEE ERECTION OF SINGLE STOREY EXTENSION - FOR MR NEIL SCRIMGEOUR

The Committee acceded to a request for a deputation to address the Committee relative to objections to the above application. After the deputation had stated its case and answered questions from members of the Committee it was thanked for its attendance and withdrew.

Thereafter, having considered objections received, Councillor Macpherson, seconded by Councillor Hunter, moved refusal of the application on the grounds that the house extension as proposed and built was contrary to Policy 10 of the adopted Dundee Local Development Plan (Household Development) as the development had a detrimental impact on the character and environmental quality of the house and surrounding area by virtue of size and design and had a detrimental impact on the neighbouring property in terms of physical overshadowing; there were no material considerations that would justify departing from the Development Plan and approving planning permission.

As an amendment, the Convener, seconded by Councillor Sawers, moved approval of the application, subject to the conditions recommended by the Director of City Development.

On a division, there voted for the motion - Bailies Borthwick and Scott and Councillors Black, Campbell, Hunter, Lynn, Melville, Murray, Ross, Keenan, Asif, Bidwell, Cruickshank, Ferguson, Gordon, McGovern and Macpherson (17); and for the amendment the Convener, Bailie Sawers and Councillor Alexander (3); Lord Provost Duncan being absent when the vote was taken - whereupon the motion was declared carried.

(c) 13-00711-FULL - 223 TO 227 ALBERT STREET, DUNDEE - INSTALLATION OF REFRIGERATION UNITS - FOR MR M ASIF

Councillor Asif declared a financial interest in the above application by virtue of being the applicant, and took no part in the consideration thereof.

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

The Committee approved the application, subject to the condition recommended by the Director of City Development and, in the circumstances, declined to hear the deputation.

(d) 13-000642-FULL - ARMISTEAD CHILD DEVELOPMENT CENTRE, 94 MONIFIETH ROAD, BROUGHTY FERRY - PARTIAL DEMOLITION OF ARMISTEAD HOUSE AND CREATION OF 26 RESIDENTIAL UNITS - FOR H & H PROPERTIES (UK) LTD

The Committee acceded to a request for a deputation to address the Committee relative to objections to the above application. After the deputation had stated its case and answered questions from members of the Committee, it was thanked for its attendance and withdrew.

Thereafter, having considered objections received, the Committee approved the application, subject to the conditions recommended by the Director of City Development.

(e) 13-00643-LBC - ARMISTEAD CHILD DEVELOPMENT CENTRE, 94 MONIFIETH ROAD, BROUGHTY FERRY - ALTERATIONS AND EXTENSION TO GATEHOUSE - FOR H & H PROPERTIES (UK) LTD

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

(f) 13-00611-FULL - 37 TO 52, 53 TO 64 AND 65 TO 76 ORMISTON CRESCENT, DUNDEE - DEMOLITION OF EIGHT BLOCKS OF FLATS AND ERECTION OF 24 HOUSES, EIGHT FLATS, ACCESS ROAD, PARKING ETC - FOR ANGUS HOUSING ASSOCIATION

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

(g) 13-00661-FULM - LAND TO NORTH OF BALGOWAN AVENUE AND WEST OF OLD GLAMIS ROAD, DUNDEE - VARIATION OF CONDITION TO ALLOW ADDITIONAL TIME FOR DEVELOPMENT TO COMMENCE

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

II DELEGATED APPLICATIONS

There was submitted Agenda Note AN142-2013, advising the Committee that from 22nd October to 21st November, 2013, 61 applications were decided under delegated powers. Seven of these applications attracted objections and, of these, six were approved and one was refused.

The Committee noted accordingly.

David BOWES, Convener.