Planning Committee (including Former Development Management And Development Quality) - 19/05/2025

At a MEETING of the PLANNING COMMITTEE held remotely on 19th May, 2025.

 

Present:-

 

Depute Lord Provost Kevin CORDELL

 

BAILIES

 

Will DAWSON

Helen WRIGHT

Derek SCOTT

 

Fraser MACPHERSON

 

 

COUNCILLORS

 

Heather ANDERSON

Lee MILLS

George McIRVINE

Jimmy BLACK

Roisin SMITH

Wendy SCULLIN

Mark FLYNN

Georgia CRUICKSHANK

Pete SHEARS

Stewart HUNTER

Jax FINNEGAN

Michael CRICHTON

Ken LYNN

Dorothy McHUGH

Craig DUNCAN

 

Bailie Will DAWSON, Convener, in the Chair.

 

The minute of meeting of this Committee of 10th March, 2025 was held as read.

 

Unless marked thus * all items stand delegated.

 

I DECLARATION OF INTEREST

 

There were no declarations of interest.

 

II PLANNING APPLICATIONS

 

(a)                    24-00458-FULL ERECTION OF 31 DWELLINGS WITH ASSOCIATED ROADS AND DRAINAGE - LAND TO THE WEST OF 318 AND SOUTH OF CLEPINGTON ROAD, DUNDEE FOR CAMPION HOMES FOR ABERTAY HOUSING ASSOCIATION

 

The Committee acceded to requests for a deputation to address the Committee relative to objections to the application by Grant Cavanagh and  Paul Docherty.  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 then acceded to  requests for a deputation to address the Committee in support of the application by Stephen McPhail and Barrie Roger of Abertay Housing Association and Derek Scott, Derek Scott Planning. 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 approved the application, subject to the conditions recommended by the Head of Planning and Economic Development.

 

(b)                    24-00728-FULL INSTALLATION OF FOOTBRIDGE, FORMATION OF HARD SURFACING, LANDSCAPING AND ASSOCIATED WORKS - FOOTPATH FROM MAGDALEN GREEN OVER RAILWAY TO RIVERSIDE PARK DUNDEE FOR DUNDEE CITY COUNCIL

 

The Committee acceded to requests for a deputation to address the Committee relative to objections to the application by Sandra McDowall on behalf of Friends of Magdalen Green, Douglas Stirling, Mary McKenzie, Donald Hay on behalf of Cathy Mitchell, Ian Scott on behalf of West End Community Council and Alison Duffy. 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 then acceded to requests for a deputation to address the Committee in support of the application by James McKaig and also Graeme Boyd of Dundee City Council. 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 Shears, moved that the application be approved subject to the conditions recommended by the Head of Planning and Economic Development. As an amendment, Bailie Macpherson, seconded by Councillor Crichton moved that the application be refused on the grounds that the proposal fails to comply with Policy 14 of National Planning Framework 4 because the mass and scale of the proposed footbridge is inappropriate for its location, and therefore fails to improve the quality of the area. There are no material considerations of sufficient weight to justify approval of planning permission, the proposal fails to comply with Policy 1 High Quality Design and Placemaking of the Dundee Local Development Plan, 2019, as the design and siting of development fails to respect the character and amenity of the place given the scale and nature of the development. There are no material considerations of sufficient weight to justify approval of planning permission the proposal fails to comply with Policy 49 Listed Buildings of the Dundee Local Development Plan, 2019, as the proposals would fail to preserve or enhance the setting of the Category A listed Magdalen Green Bandstand. There are no material considerations of sufficient weight to justify approval of planning permission, the proposal fails to comply with Policy 51 Development in Conservation Areas of the Dundee Local Development Plan, 2019, as the proposals would fail to preserve or enhance the character of the West End Lanes Conservation area. There are no material considerations of sufficient weight to justify approval of planning permission, and that the proposal would result in the unacceptable loss of mature cherry trees. As such the application is contrary to Policy 6b- Forestry, woodland and trees of National Planning Framework 4 and Policy 35- Trees and Urban Woodland of the Dundee Local Development Plan, 2019. There are no material considerations of sufficient weight to justify approval of the application.

 

On a division, there voted for the motion - the Convener, Depute Lord Provost Cordell and Councillors Anderson, Black, Flynn, Hunter, Lynn, Mills, Smith, Scullin and Shears (11); and for the amendment Bailies Macpherson, Wright and Scott and Councillors Cruickshank, Finnegan, McHugh, McIrvine, Crichton and Duncan (9) whereupon the motion was carried and the application was approved.

 

(c)                    24-00727-CON APPLICATION FOR CONSERVATION AREA CONSENT TO DEMOLISH EXISTING RAILWAY FOOTBRIDGE AT MAGDALEN GREEN FOOTPATH FROM MAGDALEN GREEN OVER RAILWAY TO RIVERSIDE PARK DUNDEE FOR DUNDEE CITY COUNCIL

 

The Committee acceded to requests for a deputation to address the Committee relative to objections to the application by Douglas Stirling and Sandra McDowall. 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 then acceded to a request for a deputation to address the Committee in support of the application by Graeme Boyd of Dundee City Council.  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 Councillor Shears, moved that the application be approved subject to the conditions recommended by the Head of Planning and Economic Development, and subject to the additional condition that the demolition hereby approved shall not be undertaken until such time as a new bridge is open to ensure that the structure is not prematurely removed from the site without prior justification or approval. As an amendment, Bailie Macpherson, seconded by Councillor Crichton moved that the application be refused on the grounds that the existing bridge makes a positive contribution to the West End Lanes Conservation Area and the local townscape; and the applicant has failed to demonstrate that the bridge cannot be retained and repaired. The proposal to remove the bridge therefore fails to preserve the character or appearance of the West End Lanes Conservation Area. On that basis, the proposal fails to comply with the requirements of Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 as amended. For similar reasons, the application is also contrary to Policy 7(f) of National Planning Framework 4. There are no material considerations of sufficient weight to justify approval of conservation area consent.

 

On a division, there voted for the motion - the Convener, Depute Lord Provost Cordell and Councillors Anderson, Black, Flynn, Hunter, Lynn, Mills, Smith, Cruickshank, Finnegan, Scullin and Shears (13); and for the amendment Bailies Macpherson, Wright and Scott and Councillors McHugh, McIrvine, Crichton and Duncan (7) whereupon the motion was carried and the application was approved.

 

 

 

 

Will DAWSON, Convener.