Planning Committee (including Former Development Management And Development Quality) - 12/02/2024

At a MEETING of the PLANNING COMMITTEE held remotely on 12th February, 2024.

Present:-

BAILIES

COUNCILLORS

Bailie Will DAWSON, Convener, in the Chair.

The minute of meeting of this Committee of 15th January, 2024 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor Alexander declared an interest in the item of business at Article II(b) of this minute by virtue of being a member of NHS Tayside Board and took no part in the proceedings and withdrew from the meeting during its consideration.

II PLANNING APPLICATIONS

(a) 23-00519-FULL - PURPOSE BUILT STUDENT ACCOMMODATION, 10 DOUGLAS STREET, DUNDEE - FOR GLENMORE STUDENT PROPERTY (DOUGLAS STREET) LTD

The Committee acceded to a request for a deputation to address the Committee relative to objections to the application, by Tristan Button, which was recommended for approval. After the deputation has stated their case and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

The Committee also acceded to a request for a deputation to address the Committee in support of the application by Paul Scott of Scott Hobbs Planning and Andrew Whiteley of Glenmore Student Property (Douglas Street) Ltd. After the deputation had stated their 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 Head of Planning and Economic Development.

(b) 23-00617-PPPM - PROPOSED RESIDENTIAL DEVELOPMENT, LAND TO THE SOUTH OF WEST GREEN PARK AND EAST OF DYKES OF GREY ROAD, DUNDEE - FOR NHS TAYSIDE

The Committee acceded to requests for deputations to address the Committee relative to objections to the application, by Fionn Stevenson and Eddie Egan, which was recommended for approval. After the deputations had stated their cases and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

The Committee also acceded to a request for a deputation to address the Committee in support of the application by Adam McConaghy of Iceni Projects and Rory Ballantyne of Ballantynes Surveyors and Estate Agents. After the deputation had stated their 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 approval of the application, subject to the conditions recommended by the Head of Planning and Economic Development.

As an amendment, Councillor Flynn, seconded by Councillor Anderson, moved refusal of the application, on the grounds that the applicant has not provided a Statement of Community Benefit, the proposal therefore fails to explain the proposal's contribution to local housing requirements, local infrastructure and residential amenity contrary to Policy 16(b) of National Planning Framework 4, the proposal fails to consider the need for affordable homes and does not propose any form of affordable housing, the proposal therefore fails to demonstrate compliance with Policy 16(e) of National Planning Framework 4 and there are no material considerations of sufficient weight to justify approval of the application.

On a division, there voted for the motion - the Convener, Lord Provost Campbell, Bailies Roberts and Sawers and Councillors Lynn, Coleman and Crichton (7); and for the amendment - Depute Lord Provost Cordell, Bailies Keenan, Wright, Macpherson and Scott and Councillors Anderson, Flynn, Hunter, Rome, Tolland, Cruickshank, Finnegan, McHugh, Scullin and Duncan (15) - Councillor Alexander taking no part in the proceedings due to a declaration of interest in this item of business - whereupon the amendment was declared carried and the application was refused.

III PLANNING APPEAL DECISION - PLANNING APPLICATION - 26 THORTER ROW

There was submitted Agenda Note AN5-2024 advising that Planning Application 23-000204-FULL sought planning permission to change the use of a flat into a short-term let. The application was refused by the Planning Committee at its meeting on 14th August, 2023 for the following reason:

The application is contrary to Policy 30(e) of National Planning Framework 4 as the proposed short‑term let would have an unacceptable impact on the amenity of the area and would result in the loss of residential accommodation where such loss is not outweighed by demonstrable economic benefits. There are no material considerations of sufficient weight to justify approval of the application.

Planning appeal reference PPA-180-2071 was submitted and the Reporter appointed by Scottish Ministers issued a decision on 10th January, 2024. The Reporters decision was to DISMISS the appeal and REFUSE planning permission.

The full appeal decision could be accessed via:

https://idoxwam.dundeecity.gov.uk/idoxpa-web/applicationDetails.do?keyVal=RSLAQEGCIZZ00&activeTab=summary

The determining issues in the appeal were the effects of the development on residential amenity, safety and security.

The Reporter considered that the proposal would give rise to unacceptable effects on the amenity and sense of security of neighbouring properties in a shared stairwell that was not overly spacious, particularly the other property sharing the first floor, and to some extent, residents sharing the communal courtyard. This was found to be contrary to NPF4 policy 30(e)(i).

In reaching that conclusion, the Reporter noted that the comings and goings of groups of up to 6 unrelated individuals would, when compared to occupation of the current flat by a couple or 2 unrelated individuals, create some disturbance for neighbouring residents. Similarly, the existing sense of security and privacy in the communal courtyard could feel compromised by the use of it by those unknown to the existing residents.

When considering the loss of residential accommodation, the Reporter did not find that there was currently a proliferation of short-term lets in this area, nor is there any evidence that this was having an adverse effect on the supply of housing at present.

The Reporter noted that allowing a short-term let at the appeal site could set a precedent for other short-term lets that were similarly located which could lead to further loss of residential properties and a change in the character of the area. While the proposed use would be used by visitors to the City who may use facilities and businesses during their stay, the Reporter concluded that economic benefits from this small scale proposal were likely to be negligible and not of a demonstrable benefit. These points were found to be contrary to NPF policy 30e(ii).

Although Local Development Plan 2019 Policy 8: Tourism Accommodation was not a reason for refusal, the Reporter did consider the proposal under this policy. That policy restricts new tourism accommodation to the City Centre or Central Broughty Ferry areas only with exceptions for small scale B&B and guesthouse accommodation. The Reporter noted that these exceptions were facilities where the property or business owner was present on the site providing services to guests, rather than self‑catering facilities such as the proposed use. Therefore, the proposed use was not classed as an exception to the policy and is not in line with Local Development Plan 2019 Policy 8.

Will DAWSON, Convener.