Planning Committee (including Former Development Management And Development Quality) - 19/06/2017

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 19th June, 2017.

Present:-

BAILIES

COUNCILLORS

Councillor Will DAWSON, Convener, in the Chair.

The minute of meeting of this Committee of 17th April, 2017 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATIONS OF INTEREST

Councillor Gordon made a non-financial declaration in respect of Item II(a) by virtue of procedural advice given to the applicant and objector, left the Chambers and took no part in the debate.

Bailie Roberts made a non-financial declaration in respect of Item II(c) by virtue of being a personal friend of the deputation, left the Chambers and took no part in the debate.

Depute Lord Provost Campbell made a financial declaration in respect of Item II(c) by virtue of having a business interest in the site, left the Chamber and took no part in the debate.

II PLANNING APPLICATIONS

(a) 17-00095-FULL - 2 JACK MARTIN WAY, CLAVERHOUSE EAST INDUSTRIAL ESTATE, DUNDEE - CHANGE OF USE OF LAND FOR THE DISPLAY OF MOTOR VEHICLES FOR SALE - FOR STRUAN MOTORS

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

The Committee, having considered objections received, approved the application, subject to the conditions recommended by the Executive Director of City Development, and, in the circumstances, declined to hear the deputation.

(b) 17-00113-FULL - WATERFRONT SITE 6, RIVERSIDE ESPLANADE, DUNDEE - PERMISSION FOR A MIXED USE DEVELOPMENT INCLUDING ERECTION OF NEW OFFICES, RESIDENTIAL UNITS, HOTEL AND RETAIL UNITS - FOR CITY DEVELOPMENT, C/O ROBERTSON CONSTRUCTION

The Committee acceded to a request 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, they were thanked for their attendance and withdrew.

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

(c) 17-00144-PPPM - EAST KINGSWAY WORKS, KINGSWAY EAST, DUNDEE - PERMISSION FOR A MIXED USE DEVELOPMENT COMPRISING A RETAIL STORE, DRIVE-THROUGH COFFEE SHOP, PUB/RESTAURANT, CAR SHOWROOM AND INDUSTRIAL UNITS - FOR U I & H BROWN LTD AND LIDL UK

The Committee acceded to requests for a deputation to address the Committee in support of and relative to objections to the above 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 Councillor Lynn, moved refusal of the application, on the grounds that the development, in proposing a foodstore, pub/restaurant and drive-through coffee shop (Class 1, Class 3 and sui generis use) at Mid-Craigie Industrial Estate, is contrary to Policies 3, 4 and 24 of the Dundee Local Development Plan. The site is designated as a General Economic Development Area where only used within Class 4, 5 and 6 and those with a wider industrial nature are supported. The proposed foodstore, pub/restaurant and coffee shop would not support the function of the existing General Economic Development Area. The proposal for and out of centre Class 1 and Class 3 use would not protect the vitality and viability of Dundees City Centre, District Centres or Commercial Centres. There are no material considerations that would justify approval of the application contrary to the approved and adopted Development Plan.

As an amendment, Councillor Murray, seconded by Bailie Macpherson, moved approval of the application, subject to the conditions that:-

1. Prior to the commencement of any works on site, a further application for the Approval of Matters Specified by Condition shall be submitted for the written permission of this Planning Authority, together with the requisite detailed plans and drawings which shall include a location plan and detailed plans, sections and elevations of all buildings proposed to be erected on the site together with details of any proposed boundary enclosure, access, drainage and external finishing materials.

For the avoidance of doubt, the indicative proposed masterplan submitted with the application is not approved.

Reason: To ensure that the matters referred to are given full consideration and to accord with Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc (Scotland) Act 2006.

2. Details of the proposed access road including proposed road signage and markings must be agreed prior to the commencement of any works on site and the road must be formed and constructed to Dundee City Council standards and specifications.

Reason: In the interests of vehicle and pedestrian safety.

3. A footway must be provided to Dundee City Council specifications ex adverso the site on Mid-Craigie Road. Details of the footway must be agreed prior to the commencement of any works on site.

Reason: In the interests of vehicle and pedestrian safety.

4. Any existing accesses that are no longer required as part of the proposed development must be made good as footways to Dundee City Council specifications. Details of these alterations must be agreed prior to the commencement of any works on site.

Reason: In the interests of vehicle and pedestrian safety.

5. Details of car parking for each element of the proposed development must be agreed with Dundee City Council and the level of car parking must comply with maximum car parking standards for each part of the development and as a whole.

Reason: In the interests of sustainable travel measures.

6. The hard surfaces within the car parking areas should be made of porous materials or provision should be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the site.

Reason: To ensure that surface water from within the curtilage of the site does not drain to the adjacent adopted road.

7. Electric car charging points shall be provided at locations and number to be approved within each car park prior to opening of the development.

Reason: In the interests of sustainable travel measures.

8. A street lighting system must be provided by the applicant to Dundee City Council standards and specifications.

Reason: In the interests of vehicle and pedestrian safety.

9. 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, and where appropriate SEPA comments shall be submitted to the Council 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.

10. Prior to the commencement of any works on site, details of measures proposed to manage surface water run-off from the site during construction shall be submitted to the Council for written approval. Thereafter, all works approved by virtue of this condition shall be carried out prior to construction works commencing on any part of the development hereby approved.

Reason: In the interests of flood protection.

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

Reason: In the interests of flood protection.

12. 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 Council for written approval.

Reason: In the interests of flood protection.

13. Development shall not begin until an appropriate remediation strategy has been submitted to and approved in writing by the Planning Authority. The strategy 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; and

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

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

14. Before any unit is occupied the remediation strategy 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 future development.

15. Prior to the commencement of any works on site, a construction dust management plan shall be prepared in accordance with IAQM Guidance, and submitted for the prior approval of Dundee City Council as Planning Authority. Thereafter, any mitigation measures identified shall be implemented in full.

Reason: In the interests of safeguarding residential amenity.

16. Prior to the commencement of the development hereby approved, full details of the proposed means of heat 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 the Planning Authority. Thereafter, the development shall be implemented in accordance with the approved details and be maintained as such.

Reason: to ensure that emissions from the development are not prejudicial to health or a nuisance, and the change in annual mean nitrogen dioxide and particulate matter concentrations will be negligible.

17. The total noise from all mechanical and electrical plant/services shall not exceed NR 35 during the night as measured one metre external to the facade of adjacent residential accommodation.

For the avoidance of doubt, night time shall be 23:00 to 07:00 hours.

Reason: In the interests of safeguarding residential amenity.

18. Deliveries and servicing of the properties within this development, including loading, unloading or lay-up, shall not take place between 2200 and 0700 hours.

Reason: In the interests of safeguarding residential amenity.

19. Prior to the commencement of any works on site details of a scheme of public art to be provided within the development hereby approved, shall be submitted to the Council 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.

20. Prior to the commencement of any works on site, a scheme of landscaping indicating the siting, numbers, species and heights (at time of planting) of all trees, shrubs and hedges to be planted, and the extent and profile of any areas of earth mounding, shall be developed and submitted for approval in writing by this Planning Authority. The scheme as approved shall be implemented within the first planting season following the completion or occupation of the development, whichever is the sooner. Any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within five years of planting shall be replaced by trees or shrubs of similar size and species.

Reason: In the interests of visual amenity and to ensure a satisfactory standard of local environmental quality.

21. Prior to the commencement of any works on site, a Sustainability Statement demonstrating the extent to which the development will meet the requirements of Policy 29 of the Adopted Dundee Local Development Plan (2014) shall be submitted for the approval of the Council and the works shall be completed in accordance with the approved Statement.

Reason: In order to demonstrate that the new development will meet the required carbon emissions reduction standards in the interests of the environment.

22. Prior to the commencement of any development on site, a scheme for upgrading pedestrian access facilities within the vicinity of the proposed development site shall be submitted for the prior approval of Dundee City Council as Planning Authority in consultation with Transport Scotland.

Reason: In the interests of road and pedestrian safety.

23. Prior to the commencement of the development hereby approved, a detailed phasing plan for the entire development shall be submitted to and approved in writing by the planning authority. For the avoidance of doubt, the approved Class 4 and Class 5 industrial units shall be completed prior to any part of the Class 1 retail or Class 3 restaurant commencing trading.

Reason: To ensure appropriate provision of these units and opportunity at an early stage in the development.

INFORMATIVE:

A Road Construction Consent (RCC) application (found via the following link on DCC website: http://www.dundeecity.gov.uk/a2z/constructionconsent) must be submitted to Dundee City Council as Roads Authority for the new road, footway and work on the adjacent public road or footway and consent for this must be obtained prior to the commencement of any work on the public road or footway. For further details please contact (01382) 433341 or developmentroads@dundeecity.gov.uk.

On a division there voted for the motion - the Convener, Bailies Sawers and Scott and Councillors Flynn, Lynn, McCready, Marra, Hay, Scott (9); and for the amendment - Bailies Wright and Macpherson and Councillors Cordell, Hunter, Murray, Short, Smith, Cruickshank, Gordon, Malone, Richardson and Duncan (12) - Depute Lord Provost Campbell and Bailie Roberts being absent during consideration of this application - whereupon the amendment was declared carried and the application approved.

(d) 17-00191-FULL - LAND TO SOUTH OF KINNOULL ROAD, BROOMHILL ROAD, DUNSINANE INDUSTRIAL ESTATE, DUNDEE - PERMISSION FOR A MIXED USE DEVELOPMENT COMPRISING A DRIVE THROUGH COFFEE SHOP, RESTAURANT/TAKEAWAY SPECULATIVE CLASS 3 USE AND CHILDRENS NURSERY - FOR JOUP PROPERTY LTD

The Committee acceded to requests 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, they were thanked for their attendance and withdrew.

Thereafter, having considered objections received, the Convener, seconded by Bailie Roberts, moved refusal of the application, on the grounds that the development, in proposing a drive through coffee shop, restaurant/takeaway and childrens nursery (Class 3, Class 10 and sui generis use) at Dunsinane Industrial Estate is contrary to Policies 1 and 4 of Dundee Local Development Plan. The site is designated as a Principal Economic Development Area where only used within Class 4, 5 and 6 are supported. The proposed coffee shop, restaurant and nursery would not support the function of the existing Principal Economic Development Area. There are no material considerations that would justify approval of the application contrary to the approved and adopted Development Plan.

As an amendment, Councillor Macpherson, seconded by Councillor Cruickshank, moved approval of the application subject to the conditions that:-

1. Prior to the commencement of any works on site, details of the specification and colour of the proposed external finishes shall be submitted for approval in writing by this Planning Authority.

Reason: In the interests of visual amenity.

2. Prior to the commencement of any works on site, a Sustainability Statement demonstrating the extent to which the development will meet the requirements of Policy 29 of the Adopted Dundee Local Development Plan (2014) shall be submitted for the approval of the Council and the works shall be completed in accordance with the approved Statement.

Reason: In order to demonstrate that the new development will meet the required carbon emissions reduction standards in the interests of the environment.

3. Details of the proposed works on Broomhill Road including the proposed access and alterations to road markings must be agreed prior to the commencement of any works on site and the works must be formed and constructed to Dundee City Council standards and specifications.

Reason: In the interests of vehicle and pedestrian safety.

4. Any existing accesses that are no longer required as part of the proposed development must be made good as footway to Dundee City Council specifications. Details of these alterations must be agreed prior to the commencement of any works on site.

Reason: In the interests of vehicle and pedestrian safety.

5. The hard surface within the curtilage should be made of porous materials or provision should be made to direct run off water from the hard surface to a permeable or porous area or surface within the curtilage of the site.

Reason: To ensure that surface water from within the curtilage of the site does not drain to the adjacent adopted road.

6. Electric car charging points shall be provided at a location and number to be approved prior to opening of the development.

Reason: In the interests of sustainable travel measures.

7. Details of the proposed nursery car parking and how this is separated from parking for the other uses within the site shall be agreed prior to any works on site.

Reason: In the interests of safety of users of the nursery.

8. 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 and signed Dundee City Council Design and Check Certification shall be submitted to the Council for written approval. Thereafter, all works approved by virtue of this condition shall be carried out prior to the first occupation of any housing unit hereby approved.

Reason: In the interests of flood prevention.

9. Prior to the commencement of any works on site, details of measures proposed to manage surface water run-off from the site during construction shall be submitted to the Council for written approval. Thereafter, all works approved by virtue of this condition shall be carried out prior to the commencement of the development hereby approved and shall be maintained until development is complete.

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

10. Prior to the commencement of any works on site, maintenance responsibilities along with a maintenance schedule for the surface water drainage system/SUDs features shall be submitted to Dundee City Council for written approval. Thereafter, all works approved by virtue of this condition shall be carried out perpetuity.

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

11. 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 Council for written approval.

Reason: In the interest of flood prevention.

12. Development shall not begin until an appropriate remediation strategy has been submitted to and approved in writing by the planning authority. The strategy 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; and

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

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

13. Before any unit is occupied the remediation strategy 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 future development.

14. Prior to the commencement of the development hereby approved, full details of the proposed means of heat 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 the planning authority. Thereafter, the development shall be implemented in accordance with the approved details and be maintained as such.

Reason: to ensure that emissions from the development are not prejudicial to health or a nuisance, and the change in annual mean nitrogen dioxide and particulate matter concentrations will be negligible.

15. Prior to the commencement of any works on site, a construction dust management plan shall be prepared in accordance with IAQM Guidance, and submitted for the prior approval of Dundee City Council as Planning Authority. Thereafter any mitigation measures identified shall be implemented in full.

Reason: In the interests of safeguarding residential amenity.

16. That the number of children in the nursery hereby approved shall be limited to a maximum of 30.

Reason: In the interests of ensuring there is adequate amenity space for each child.

17. That prior to the commencement of the development hereby approved, an Air Quality Assessment shall be submitted to and approved in writing by the planning authority. Any mitigation measures required by the approved Air Quality Assessment shall be fully implemented prior to the occupation of any part of the development hereby approved.

Reason: In order to minimise the impact on air quality and to ensure that the occupants and users of the development have acceptable air quality.

On a division, there voted for the motion - the Convener, Bailies Roberts, Sawers, Wright and Scott and Councillors Lynn, McCready, Malone, Marra, Richardson and Scott (11); and for the amendment - Depute Lord Provost Campbell, Bailie Macpherson and Councillors Cordell, Flynn, Hunter, Murray, Short, Smith, Cruickshank, Gordon and Duncan (11) - Councillor Hay being absent during part of the discussions - whereupon the Convener gave his casting vote in favour of the motion, which was duly approved and the application was refused.

III PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN48-2017 advising of the undernoted appeal decisions:-

(i) APPEAL DECISION - 16-00411-FULL (PPA-180-2048) - UNITS A3 AND A4, KINGSWAY WEST RETAIL PARK, 467 CLEPINGTON ROAD, DUNDEE

Planning application reference 16-00411-FULL sought planning permission for the conversion and alteration of an existing retail unit comprising external alterations to elevations, installation of a mezzanine floor and formation of existing sales and display area to create garden centre. The application was refused by the Development Management Committee at its meeting on 15th August, 2016 on the basis that the proposal to sell clothing and footwear would undermine the Development Plan retail strategy and adversely impact on the City Centre, District Centres or Commercial Centres.

The application was also refused because the applicant had failed to demonstrate that the development would have no detrimental impact on road traffic and pedestrian safety.

The Reporter concluded that it was a material consideration that a mezzanine floor could be inserted into the building without the need for planning permission; that the sale of clothing and footwear did not constitute development in itself; and that there was an existing planning obligation which already restricted the sale of clothing and footwear from the unit. The Reporter stated that the operational development proposed was a separate consideration to the restriction on clothing and footwear sales which is controlled by planning obligation. The sale of clothing and footwear is still restricted on the site and any proposal to remove the restricted would require the submission of a separate application to modify or discharge the planning obligation. As a result, the appointed Reporter ALLOWED the appeal and granted planning permission,

There are no material considerations that would justify approval of the application contrary to the approved and adopted Development Plan.

(ii) APPEAL DECISION - 16-00329-FULM (PPA-180-2049) - LINLATHEN VILLAGE, BROUGHTY FERRY, DUNDEE

Planning application reference 16-00329-FULM sought planning permission for a residential development comprising 150 houses with associated infrastructure, access, landscaping, drainage, SUDS and open space. The application was refused by the Development Management Committee at its meeting on 21st November, 2016. The Committee refused the application because it was premature and could prejudice the delivery of the Western Gateway; would result in overdevelopment to the detriment of the amenity of the surrounding area; and would fail to provide adequate in curtilage parking form all of the houses.

The Reporter concluded that, for reasons of prematurity the proposed development does not accord with the Development Plan and there are no material considerations that would justify a departure. The Reporter did not consider the reasons relating to overdevelopment or curtilage parking to justify refusal of the application. As a result, the appointed Reported DISMISSED the appeal and refused planning permission.

(iii) APPEAL DECISION - 16-00735-FULL (PPA-180-2050) - FLAT 2, 271 PERTH ROAD, DUNDEE

Planning application reference 16-00735-FULL sought planning permission for a proposed House of Multiple Occupancy for four persons. The application was refused by the Development Management Committee at its meeting on 20th February, 2016. The Committee refused the application on the basis that it was contrary to Policy 15 of the Dundee Local Development Plan 2014, and would result in an adverse impact on parking and residential amenity in the area.

The Reporter concluded that, whilst the application was contrary to Policy 15, there were material planning considerations which justified approval of the application. Namely, the Reporter stated that the granting of planning permission was justified by the site specific circumstances of the appeal site, the ample and readily available storage facilities and communal garden ground and proximity of off-street parking provision. As a result, the appointed Reporter ALLOWED the appeal and approved planning permission.

IV DELEGATED ITEMS

There was submitted Agenda Note AN49-2017 advising that from 27th March, 2017 to 26th May, 2017, 59 applications were decided under delegated powers. Fourteen of those applications attracted objections, 12 of which were approved and two of which were refused.

Will DAWSON, Convener.