Planning Committee (including Former Development Management And Development Quality) - 22/10/2018

At a MEETING of the PLANNING COMMITTEE held at Dundee on 22nd October, 2018.

Present:-

BAILIES

COUNCILLORS

Councillor Will DAWSON, Convener, in the Chair.

The minute of meeting of this Committee of 17th September, 2018 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

There were no declarations of interest.

II PLANNING APPLICATIONS

(i) 18-00290-FULM - ERECTION OF 41 HOUSES AND 16 FLATS (57 UNITS IN TOTAL), ALONG WITH ASSOCIATED ROADS, FOOTPATHS, PARKING SPACES, GARDEN AND HARD AND SOFT LANDSCAPED AREAS - MAXWELLTOWN WORKS, ALEXANDER STREET, DUNDEE - FOR CULLROSS LTD AND CALEDONIA HOUSING ASSOCIATION

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, they were thanked for their attendance and withdrew.

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

(ii) 18-00576-FULL - PROVISION OF USE CLASS 8A WOMEN'S COMMUNITY CUSTODY UNIT, COMPRISING THREE HOUSES AND A SINGLE STOREY HUB BUILDING, FORMATION OF NEW ACCESS, ERECTION OF BOUNDARY FENCING, FORMATION OF CAR PARKING, INCLUDING ELECTRIC VEHICLE CHARGE POINTS AND CYCLE STANDS, SERVICE ACCESS, SOFT AND HARD LANDSCAPING AND ERECTION OF CCTV - FORMER OUR LADY'S ROMAN CATHOLIC PRIMARY SCHOOL, NELSON STREET, DUNDEE - FOR SCOTTISH PRISON SERVICE ON BEHALF OF SCOTTISH MINISTERS, CALTON HOUSE

The Committee acceded to requests for deputations to address the Committee relative to objections to and in support of 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, the Convener, seconded by Bailie Roberts, moved that the application be approved, subject to the conditions recommended by the Executive Director of City Development.

As an amendment, Councillor McIrvine, seconded by Councillor Flynn, moved that the application be refused on the grounds that:-

1 The proposal is contrary to Policy 13 (Residential Accommodation for Particular Needs) in the Dundee Local Development Plan 2014 and Policy 14 (Residential Accommodation for Particular Needs) in the Proposed Dundee Local Development Plan 2017 as it will have an adverse impact on the amenity of neighbours and lead to an excessive concentration of non-mainstream residential uses to the detriment of the character of the area. There are no material planning considerations of sufficient weight to justify approval of the application contrary to the Development Plan.

2 The proposed development is not compatible with adjoining mainstream residential uses and a new co-located nursery/primary school/community centre and it will have a detrimental impact on the amenity of the surrounding area. The applicant has failed to demonstrate that the proposed development can be accommodated without an unsatisfactory level of disturbance on the surrounding area. As such, the proposed development is contrary to Policy 17 (Community Facilities) and Policy 47 (Environmental Protection) of the Dundee Local Development Plan 2014 and Policy 39 (Environmental Protection) of the Proposed Dundee Local Development Plan 2017. There are no material planning considerations of sufficient weight to justify approval of the application contrary to the Development Plan.

3 The application site is an allocated brownfield housing site (H38) in Appendix 3 of the Proposed Dundee Local Development Plan 2017. The proposed development would result in the loss of housing on an allocated brownfield site which is contrary to Policy 9 (Housing Land Release) of the Proposed Local Development Plan 2017. 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 - Bailies Roberts, Sawers, Wright, Keenan, Scott and Macpherson and Councillors Dawson, Alexander, Hunter, Lynn, Murray, Ross, Short, Smith, Cruickshank, Richardson, Hay, Scott and Duncan (19); and for the amendment - Lord Provost Borthwick, Depute Lord Provost Campbell, Councillors Cordell, Flynn, Rendall, Gordon, McCready, McIrvine, Malone and Marra (10) - whereupon the motion was declared carried and the application was granted, subject to the conditions recommended by the Executive Director of City Development.

III PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN65-2018 advising of the undernoted former Kingspark School site appeal decisions:-

Three planning applications were submitted to the Council for a residential development at the former Kingspark School site at Gillburn Road. The Planning Committee refused planning permission for all three applications. The applicant subsequently appealed all three decisions to Scottish Ministers.

Appeal Decision 17-00765-FULM (PPA-180-2056)

Planning application reference 17-00765-FULM sought planning permission for a proposed residential development at the former Kingspark School site, Gillburn Road, Dundee.

The application was refused by the Planning Committee at its meeting on 19th March, 2018. The reasons for refusal were that the application firstly failed to comply with Policy 8 (Housing Land Release) of the Local Development Plan 2014 as the application site was not allocated for housing. Secondly, the application failed to comply with Policy 44 (Air Quality) and Policy 55 (Accessibility of New Development) of the Dundee Local Development Plan (2014) as it would result in an increase in road traffic and associated parking pressures. Thirdly, the application failed to comply with Policy 38 (Trees and Urban Woodland) as the proposed development would result in the loss of mature trees within the site. Finally, the application failed to comply with Policy 36 (Open Space) of the Local Development Plan 2014 as the proposed development would not contribute to the enhancement and connectivity of open space and habitats.

The appointed Reporter DISMISSED the appeal and refused planning permission for the development. The Reporter concluded that the proposed development did not accord with a fundamental Development Plan provision for the release of unallocated brownfield housing land. He found that LDP Policy 8 underpins the land use strategy of the Development Plan and therefore the proposal did not accord with the Development Plan. He also found that there were no material considerations which would justify granting planning permission. The Reporter stated that having considered all the other matters raised, there were none which would lead him to alter his conclusions.

Appeal Decision 17-00766-FULL (PPA-180-2055)

Planning application reference 17-00766-FULL sought planning permission for alterations to an existing vehicle access, the extension of an existing footpath and the formation of a new footpath at the former Kingspark School site, Gillburn Road, Dundee.

The application was refused by the Planning Committee at its meeting on 16th April, 2018. The reason for refusal was that the application failed to comply with Policy 7 (High Quality Design) of the Dundee Local Development Plan 2014 as the design and layout of the proposals failed to address community expectations for improved access and footpaths across the site for community benefit.

The appointed Reporter UPHELD the appeal and granted planning permission for the development, subject to seven conditions to ensure compliance with standards relating to contaminated land and road safety. The Reporter concluded that there were no material considerations which would justify refusing to grant planning permission for the development.

Appeal Decision 17-00767-FULL (PPA-180-2054)

Planning application reference 17-00767-FULL sought planning permission for works to open space to south of proposed residential development at the former Kingspark School site, Gillburn Road, Dundee.

The application was refused by the Planning Committee at its meeting on 16th April, 2018. The reasons for refusal were that the application failed to comply with Policy 41 (Flood Risk Management) of the Dundee Local Development Plan 2014 as the proposed re-grading of the land would disturb the existing ground and amend the site topography, resulting in the potential for detrimentally impacting on the existing flooding issues in the area and in particular the properties in Clive Road which bounded onto the western edge of the site. Secondly, that it failed to comply with Policy 38 (Trees and Urban Woodland) of the Dundee Local Development Plan 2014 as the proposed re-grading of land would result in unnecessary development which was detrimental to the application site including existing trees and of no material benefit to the community.

The appointed Reporter DISMISSED the appeal and refused planning permission for the development. The Reporter concluded that the proposed development did not accord overall with the relevant provisions of the Development Plan, specifically Policy 38. In the absence of consent for neighbouring housing development, there were no other material considerations which would justify granting planning permission. The Reporter stated that having considered all the other matters raised, there were none which would lead him to alter his conclusions.

IV DELEGATED APPLICATIONS

There was submitted Agenda Note AN66-2018 advising the Committee that from 1st September, 2018 to 30th September, 2018, there were 35 delegated decisions. Five of those applications attracted objections. Of those five, all were approved.

Will DAWSON, Convener.