Planning Committee (including Former Development Management And Development Quality) - 17/09/2018

At a MEETING of the PLANNING COMMITTEE held at Dundee on 17th September, 2018.

 

Present:-

 

Depute Lord Provost Bill CAMPBELL

 

BAILIES

 

Willie SAWERS

Helen WRIGHT

Derek J SCOTT

Christina ROBERTS

 

Fraser MACPHERSON

 

COUNCILLORS

 

John ALEXANDER

Anne RENDALL

Charlie MALONE

Kevin CORDELL

Alan ROSS

Michael MARRA

Will DAWSON

Lynne SHORT

George McIRVINE

Mark FLYNN

Roisin SMITH

Richard McCREADY

Ken LYNN

Georgia CRUICKSHANK

Margaret RICHARDSON

Gregor MURRAY

Brian GORDON

Craig DUNCAN

 

Councillor Will DAWSON, Convener, in the Chair.

 

The minute of meeting of this Committee of 13th August, 2018 was held as read.

 

Unless marked thus * all items stand delegated.

 

I VALEDICTORY

 

This being the last meeting of the Planning Committee prior to the retirement of Mike Galloway, Executive Director of City Development, the Convener and Committee paid tribute to his service as Executive Director and wished him well in his retirement.

 

II DECLARATION OF INTEREST

 

Depute Lord Provost Campbell declared a non-financial interest in relation to the item of business at Article III(c) of this minute.

 

III PLANNING APPLICATIONS

 

(a) 17-00973-FULL - LAND TO EAST OF CAR PARK, KIRKTON CRESCENT, DUNDEE - ERECTION OF 23M AGL MONOPOLE WITH ASSOCIATED CABINET AND DUCTING ON CONCRETE BASE - FOR DUNDEE CITY COUNCIL

 

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

 

(b) 18-00015-HAZ - WAREHOUSE AND LABORATORY, DUNSINANE AVENUE, DUNSINANE INDUSTRIAL ESTATE, DUNDEE - STORAGE AND TREATMENT OF SUBSTANCES - FOR ARGENTA DUNDEE LTD

 

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

 

(c) 18-00389-PPM - LAND AT FORMER STEWART HOUSE, KINGSWAY EAST, DUNDEE - PLANNING PERMISSION IN PRINCIPLE FOR RESIDENTIAL DEVELOPMENT - FOR PERSIMMON HOMES LTD/BRUCE R LINTON

 

The Committee acceded to a request for a deputation to address the Committee in support of the above application which was recommended for refusal.

 

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 that the application be refused on the grounds that:-

 

1 the site is designated as a General Economic Development Area, where only uses within Class, 4, 5 and 6 and those with a wider industrial nature are supported. The proposed development for residential development is contrary to the requirements of Policy 3 of Dundee Local Development Plan 2014, Policy 5 of the Proposed Dundee Local Development Plan 2017 and Policy 3 of TayPlan Strategic Development Plan 2016-2036. There are no material considerations of sufficient weight that would justify approval of the application contrary to the Development Plan;

 

2 the proposed development of up to 90 residential units would result in the loss of employment land, would not support the delivery of allocated housing sites and may undermine additional housing land release. The proposed development would be contrary to the requirements of Policy 8 of Dundee Local Development Plan 2014, Policy 9 of the Proposed Dundee Local Development Plan 2017 and Policy 4 of TayPlan Strategic Development Plan 2016-2036. There are no material considerations of sufficient weight that would justify approval of the application contrary to the Development Plan; and

 

3 the application site is within close proximity to industrial land uses, commercial retail premises and the Kingsway. The applicant has failed to demonstrate that a residential development at this site would provide residents with a satisfactory level of amenity without impacting on the viability of existing businesses and land uses. The proposed development would be contrary to the requirements of Policy 47 of Dundee Local Development Plan 2014 and Policy 39 of the Proposed Dundee Local Development Plan 2017. There are no material considerations of sufficient weight that would justify approval of the application contrary to the Development Plan.

 

As an amendment, Councillor Short, seconded by Councillor Cordell, moved that the application be approved, subject to the undernoted conditions recommended by the Executive Director of City Development:-

 

(i) Plans and particulars of the matters listed below shall be submitted for consideration by the planning authority, in accordance with the timescales and other limitations in section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended). No work shall begin until the written approval of the authority has been given, and the development shall be carried out in accordance with that approval.

 

Specified matters:

 

(a) location plan of all the site to be developed to a scale of not less than 1:500, showing generally the site, any existing trees, hedges, walls (or other boundary markers) layout of the roads and sewers, and the position of all buildings;

 

(b) detailed proposed layout plan to a scale of not less than 1:500 showing the site contours, the position and width of all proposed roads and footpaths to adoptable standards including public access provision, visibility splays, proposed build-outs, the provision of parking, the siting of the proposed buildings, finished floor levels, new walls and fences and details of proposed landscape treatment;

 

(c) detailed plans, sections and elevations of the buildings to be erected on the site together with details of the colour and type of materials to be used externally on walls and roofs;

 

(d) details of the proposed method of drainage including details of a Sustainable Urban Drainage system (SUDs) for the sites surface water;

 

(e) details of a scheme of hard and soft landscaping works for the site.

 

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.

 

(ii) Details of the proposed roads within the site are required to be agreed prior to any works on site and these shall be formed and constructed to Dundee City Council standards and specifications.

 

Reason: In the interests of vehicle and pedestrian safety.

 

(iii) 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 any works on site.

 

Reason: In the interests of vehicle and pedestrian safety.

 

(iv) A Transport Statement shall be submitted to Dundee City Council for agreement should the development advance to a full planning application.

 

Reason: In the interests of vehicle and pedestrian safety and promoting sustainable transport.

 

(v) 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.

 

(vi) The hard surface within each 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.

 

(vii) 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.

 

(viii) 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 on the site.

 

Reason: In the interests of flood prevention.

 

(ix) The applicant must provide a disposal route for road surface water to the satisfaction of Dundee City Council which discharges to a system publicly maintained/ maintainable by the relevant authority.

 

Reason: To ensure an appropriate and publicly maintainable system is provided.

 

(x) 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.

 

(xi) 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 prior to the occupation of any housing unit on the site, and be retained in perpetuity.

 

Reason: In the interests of flood prevention.

 

(xii) 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 prevention.

 

(xiii) Prior to commencement of any development on the site, a level 2 Flood Risk Assessment shall be prepared, in line with current guidance, and shall be submitted to Dundee City Council and SEPA for written approval. Any recommendations contained within the Flood Risk Assessment must be implemented thereafter prior to occupation of the first unit in the development.

 

Reason: In the interests of flood prevention.

 

(xiv) Prior to the commencement of work 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.

 

(xv) A Sustainability Statement demonstrating the extent to which the new build elements of the development will meet the requirements of Policy 29 of the Dundee Local Development Plan shall be submitted for the approval of the planning authority and the works shall be completed in accordance with the approved statement.

 

Reason: In the interest of sustainable development.

 

(xvi) Prior to the commencement of any works on site, a Noise Impact Assessment shall be undertaken to establish any mitigating measures required to protect the amenity of any future residents. Thereafter, and prior to the occupation of any of the dwelling units hereby approved, any noise mitigation measures recommended by the Noise Impact Assessment shall be implemented in full.

 

Reason: In the interest of residential amenity.

 

(xvii) Prior to first occupation of the residential dwellings, details demonstrating means for compliance with both internal and external noise level criteria set within Section 7 of BS8233:2014 shall be submitted to the Council for written approval. For avoidance of doubt, the noise level criteria is 35dB LAeq (16 hours) for bedrooms and other habitable rooms areas for day time periods (0700-2300hrs), 30dB LAeq (8 hours) for bedrooms during night time periods (2300-0700hrs), and 50dB LAeq (16 hours) for external amenity areas for day time periods (0700-2300hrs).

 

Reason: In the interest of residential amenity.

 

(xviii) Internal noise levels within all habitable rooms shall not exceed NR35 during the day and NR25 during the night. For the avoidance of doubt, daytime is 0700 hours to 2300 hours.

 

Reason: In the interest of residential amenity.

 

(xix) There shall be no means of direct access to the trunk road either pedestrian or vehicular. To minimise the risk of pedestrians and animals gaining uncontrolled access to the trunk road with the consequential risk of accidents.

 

Reason: In the interests of road safety.

 

(xx) An unclimbable barrier of a type approved by the Planning Authority, after consultation with Transport Scotland, as the Trunk Roads Authority, shall be provided and maintained by the developer or subsequent owner of the land along the boundary of the site with the trunk road.

 

Reason: To ensure that the movement of traffic and pedestrians is confined to the permitted means of access thereby lessening the danger to and interference with the free flow of traffic on the trunk road.

 

(xxi) Development shall not begin until a Preliminary Risk Assessment is completed and, if required, an Intrusive Investigation and a scheme to deal with contamination at the site has been submitted to and approved in writing by the planning authority. The scheme shall contain details of proposals to deal with contamination to include:

 

(a) assessment of the risks associated with contaminant sources, pathways and receptors specific to the proposed use of the site, and if necessary;

 

(b) a remediation Implementation Plan detailing measures to treat/remove contamination and mitigate risks to ensure the site is fit for the proposed use;

 

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

 

(d) verification sampling, testing, certification and monitoring of the site to demonstrate suitability for the proposed use on completion of remediation measures.

 

Reason: In the interests of the amenities of the future occupants of the residential accommodation.

 

(xxii) Before any unit is occupied any measures to decontaminate the site required by compliance with Condition 21 shall be fully verified and approved in writing by the planning authority.

 

Reason: In the interests of the amenities of the future occupants of the residential accommodation.

 

On a division, there voted for the motion - the Convener, Bailies Roberts, Sawers, Wright, Scott and Macpherson, and Councillors Alexander, Flynn, Lynn, Murray, Rendall, Ross, Smith, McCready, Malone, Marra and Duncan (17); and for the amendment - Councillors Cordell, Short, Cruickshank, Gordon, McIrvine and Richardson (6) - Depute Lord Provost Campbell being absent during consideration of the application - whereupon the motion was declared carried and the application refused.

 

(d) 18-00391-FULL - RIVER COURT, 5 WEST VICTORIA DOCK ROAD, DUNDEE - RE-CONFIGURATION OF CAR PARKING, BICYCLE PARKING AND LANDSCAPING - FOR JUTE PROPERTIES LTD

 

The Committee acceded to requests to address the Committee in support of and relative to objections to the application which was recommended for refusal. 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 Committee refused the application on the grounds that:-

 

1 the application fails to comply with Policy 7 of the adopted Dundee Local Development Plan 2014 and Policy 1 of the proposed Dundee Local Development Plan 2 as it would not respect the surrounding street scene nor create an accessible inclusive place easily navigable by alternative transport methods. The proposal does not prioritise alternative transport methods. There are no material considerations of sufficient weight that would justify approval of the application contrary to the Development Plans;

 

2 the application is contrary to the terms of Policy 38 of the adopted Dundee Local Development Plan 2014 and Policy 35 of the proposed Dundee Local Development Plan 2. The existing trees contribute to the appearance and setting of the site and no replacement tree planting is proposed. There are no material considerations of sufficient weight that would justify approval of the application contrary to the Development Plan; and

 

3 the application fails to comply with policies 54 and 55 of the adopted Dundee Local Development Plan 2014 or policies 54 and 56 of the proposed Dundee Local Development Plan 2. The applicant has failed to demonstrate that there is a need for additional parking, which is contrary to the aims of the previously agreed travel plan and would increase dependence on access by car. The proposed layout is unacceptable and the existing footway would be removed and a street lighting column is affected. There are no material considerations of sufficient weight that would justify approval of the application contrary to the Development Plan.

 

Councillor Alexander, being absent during consideration of this item, took no part in any discussions thereon.

 

IV DELEGATED APPLICATIONS

 

There was submitted Agenda Note AN60-2018 advising that from 1st June, 2018 to 31st August, 2018 there were 170 delegated decisions. Seventeen of those applications attracted objections. Of those 17, one was refused and 16 were approved.

 

 

 

 

Will DAWSON, Convener.