city chambers dundee dd1 3by2 3 planning applications (copy enclosed). 4 planning appeal decision...

t:\documents\planning\agenda and reports\2020\170820\170820.doc

City Chambers DUNDEE DD1 3BY 7th August, 2020

Dear Sir or Madam

You are requested to attend a MEETING of the PLANNING COMMITTEE to be held remotely on Monday,17th August, 2020 at 6.00 pm.

Members of the Press or Public wishing to join the meeting should contact Committee

Services on telephone (01382) 434205 or by email at [email protected] by no later than 12 noon on Friday, 14th August, 2020.

Yours faithfully

DAVID R MARTIN

Chief Executive AGENDA OF BUSINESS 1 DECLARATION OF INTEREST Members are reminded that, in terms of The Councillors Code, it is their responsibility to make decisions about whether to declare an interest in any item on this agenda and whether to take part in any discussions or voting. This will include all interests, whether or not entered on your Register of Interests, which would reasonably be regarded as so significant that they are likely to prejudice your discussion or decision-making. 2 DEPUTATIONS (a) 19-00707-FULM – LAND TO THE WEST OF ST MARTIN CRESCENT AND NORTH OF

ADAM CRESCENT, DUNDEE – ERECTION OF 120 DWELLING HOUSES AND ASSOCIATED WORKS – FOR AVANT HOMES

Requests have been received to address the Committee relative to objections to and in support of the abovementioned application which is recommended for approval. (b) 19-00767-FULM – LAND WEST OF DALMAHOY DRIVE AND SOUTH OF TURNBERRY

AVENUE, DUNDEE – PROPOSED ERECTION OF 49 DWELLING HOUSES WITH ASSOCIATED INFRASTRUCTURE, ACCESS, LANDSCAPING, DRAINAGE, SUDS AND OPEN SPACE – FOR KIRKWOOD HOMES LIMITED

A request has been made for a deputation to address the Committee in support of the abovementioned application which is recommended for approval.

mailto:[email protected]

2

3 PLANNING APPLICATIONS (Copy enclosed). 4 PLANNING APPEAL DECISION (AN16- 2020) APPEAL DECISION – 19/00186/FULL (PPA-180-2058) PLANNING APPLICATION BY ALDI STORES LAND TO NORTH OF ARBROATH ROAD AND EAST OF TOM JOHNSTON ROAD, WEST PITKERRO INDUSTRIAL ESTATE Planning application reference 19/00186/FULL sought planning permission for the erection of a Class 1 retail foodstore and 2 business units (Class 4, 5 and 6) with ancillary trade counter, associated car parking, access, landscaping and other works. The application was refused at the Planning Committee at its meeting on 16 September 2019. The reasons for refusal were that the application firstly failed to comply with Policy 1 ((High Quality Design and Placemaking) of the Dundee Local Development Plan 2019 as the retail element of the proposal failed to respect the character of the area. Secondly, the application failed to comply with Policy 3 (Principal Economic Development Areas) as the proposed retail use would fragment the business area and reduce the business land supply. Thirdly, as the site is in an out-of-centre location, the retail element of the application failed to comply with Policy 21 (Town Centre First Principle). Finally, the application failed to comply with Policy 54 (Safe and Sustainable Transport) as it would increase reliance on the car as a mode of transport. The Reporter concluded that the proposed development would not have any significant adverse effect on the vitality or viability of existing centres, and that no site is available for the proposed development within a sequentially preferable location, and that the proposed retail store would address a deficiency in provision locally. In terms of accessibility the Reporter concluded that provision of bus stops, additional pedestrian and cycle routes and infrastructure would enable the development to be accessible by a choice of sustainable transport modes. In terms of employment land supply the Reporter concluded that the proposed development would not affect, to any significant degree, the availability of land for economic development purposes in Dundee or in the immediate vicinity. In terms of character the Reporter concluded that the development is in character with the general character of the area. As a result, the Reporter UPHELD the appeal and RESOLVED TO GRANT PLANNING PERMISSION subject to planning conditions. The planning conditions include one requiring the developer to provide a footpath/cycleway connecting Linlathen Lane to Tom Johnston Road; a footway along the north side verge of the A92 to connect to the existing bus stop layby and bus stops immediately outside the site. 4 DELEGATED ITEMS (AN17-2020) It is reported for the information of the Committee that from 1 January to 31 July 2020, the Planning Team determined 269 applications under delegated powers. Of those 241 were approved and 28 were refused.

17 August 2020

Members may be aware that in making any determination under Planning Legislation, it shall be made in accordance with The Development Plan, unless material planning considerations indicate otherwise. NB: Background papers relating to these reports comprise letters of objection, correspondence with the applicants and/or their agents, comments from consultees and the Development Plan and other policy documents referred to.

Item No Case No/Ward Location Page

1 19/00707/FULM

W01-Strathmartine Land to West of St Martin Crescent and North of Adam Crescent, Dundee

1

2 19/00767/FULM

W01-Strathmartine Land West of Dalmahoy Drive, Dundee 26

3 19/00908/FULL

W02-Lochee Unit A1, Kingsway West Retail Park, 467 Clepington Road, Dundee, DD3 8RX

58

4 20/00020/MDPO

W02-Lochee Unit A1, Kingsway West Retail Park, 467 Clepington Road, Dundee, DD3 8RX

72

Planning Applications Reports by Heads of Planning & Economic Development to the Planning Committee

Application No 19/00707/FULM Item 1 Page 1

Dundee City Council Planning Committee 17 August 2020

Ward Strathmartine

Address

Land to West of St Martin Crescent and North of Adam Crescent Applicant

Avant Homes Argyll Court The Castle Business Park Stirling FK9 4TT Registered 26 Sep 2019

Report by Head of Planning & Economic Development

Contact: Caitlin Duffy

SUMMARY OF REPORT

• Planning permission is sought for the erection of 120 houses and associated works.

• The application site is allocated housing site H44 – Baldragon Farm. The site presently contains agricultural land.

• The application is not in accordance with the Development Plan however there are material considerations of sufficient weight which justify approval of planning permission.

• The statutory neighbour notification process was undertaken and the application advertised in the local press. Ten letters of objection have been received.

• In accordance with Dundee City Council's scheme of delegation, this application is to be

determined by the Planning Committee as it is classed as a Major development as identified in

terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations

2009 due to their being more than 49 units proposed.

• More details can be found at http://idoxwam.dundeecity.gov.uk/idoxpa-web/applicationDetails.do?activeTab=documents&keyVal=PXKJBIGCMEX00].

RECOMMENDATION

The proposal is not in accordance with the Development Plan. There are material considerations of sufficient weight to justify approval of planning permission. It is therefore recommended that planning permission be APPROVED subject to conditions.

KEY INFORMATION

Erection of 120 Houses at Allocated Housing Site H44 – Baldragon Farm

Application No 19/00707/FULM


1 DESCRIPTION OF PROPOSAL

1.1 Permission is sought for a residential development of 120 units which are proposed to be a mix of detached and semi-detached properties. This application is for a further phase of housing development in this part of the city and would utilise all of allocated housing site H44 – Baldragon Farm.

1.2 Eight different house types are proposed which are all 2 storeys high with a pitched roof. The houses will be finished in a combination of white and cream dry dash render with a brick basecourse and either red or grey coloured concrete roof tiles. The windows and bi-fold doors would be grey UPVC units. All plots would have designated parking spaces and areas of private rear garden ground. An area of open space with a play park and a SUDS basin are proposed on the northeast of the site.

1.3 Vehicle access would be taken from Adam Drive, Adam Crescent and St Martin Crescent. Streets and public footpaths would be formed within the site and it is proposed to form 3 pedestrian footpath connections to the Council’s Core Path Network. One connection would be taken from the north of the site and two connections would be taken from the west of the site.

1.4 Landscaping is proposed throughout the site which includes beech hedging and a woodland mix (including Birch, Scots Pine and Sessile oak) along the north boundary. The woodland mix would provide cover with a varying canopy height and character. Within the SUDS and open space on the northeast of the site a mix of landscaping including wildflower and hedgerow and trees.

1.5 The applicant has submitted the following in support of the application:

• Drainage Details, Layout and Sections;

• Ecology Survey and Update;

• Topographical Survey;

• Transport Assessment;

• Archaeology Written Scheme of Investigation and Data Structure Report;

• Landscape and Visual Impact Assessment;

• Flood Risk Assessment;

• PAC Report;

• Energy Statement; and

• Site Investigation Report.

Application No 19/00707/FULM Page 3


Figure 1 – Proposed Site Plan



2 SITE DESCRIPTION

2.1 The site is currently an area of agricultural land. Existing residential development from earlier phases of housing development lie to the south and east of the site. Directly to the north of the site lies a farm track, beyond which lies further agricultural land. The boundary which divides Dundee City Council and Angus Council lies along this track, which is also a Council Core Path. The track/core path also forms the northern section of the west boundary and leads to Clatto Country Park which is approximately 230m to the west. The southern section of the western boundary is formed by woodland planting. The land to the east of the site boundary is designated as Open Space in the Local Development Plan and is a mix of open grassland and woodland. Rear garden grounds of existing properties lie to the south and east.

2.2 The site gently slopes towards the east. Accesses are proposed to be taken from existing roads at Adam Drive, Adam Crescent and St Martin Crescent which provide access to the north of Strathmartine Road. Strathmartine Road is a main thoroughfare in to the City Centre from the north of the city.



Figure 2 – Site Photo Taken from Northwest

Figure 4 – Site Photo of Proposed Entrance at Adam Crescent



3 POLICY BACKGROUND

3.1 The following plans and policies are considered to be of direct relevance:

TAYPlan 2016-2036 Policy 1: Location Priorities Policy 2: Shaping Better Quality Places Policy 4: Homes

DUNDEE LOCAL DEVELOPMENT PLAN 2019 Policy 1: High Quality Design and Placemaking Policy 2: Public Art Contribution Policy 9: Housing Land Release Policy 10: Design of New Housing Policy 28: Protecting and Enhancing the Dundee Green Network Policy 30: Green Infrastructure Maintenance Policy 36: Flood Risk Management Policy 37: Sustainable Drainage Systems Policy 41: Land Contamination Policy 44: Waste Management Requirements for Development Policy 46: Delivery of Heat Networks Policy 48: Low and Zero Carbon Technology in New Development Policy 52: Scheduled Monuments and Archaeological Sites Policy 54: Safe and Sustainable Transport Policy 56: Parking

3.2 There are no other plans, policies and non-statutory statements that are considered to be of direct relevance.

4 SITE HISTORY

4.1 Planning permission (reference: 08/00488/FUL) for residential development comprising 39 dwellings and associated engineering operations was approved subject to conditions in 2009. The application site was land to the west of Logan Crescent.

4.2 Planning permission (reference: 11/00377/FULL) for the change of house types of approved planning application (reference 08/00488/FUL) was approved in 2011.

4.3 Planning permission (reference: 12/00184/FULL) for the erection of 15 dwellings in substitution of 15 previously approved dwellings (plots 614-628 and plots 514-528) was approved subject to conditions in 2012.

4.4 Planning permission (reference: 13/00765/FULL) for the erection of 25 houses and ancillary works was refused at Planning Committee but an appeal was submitted to the DPEA and the appeal was allowed and planning permission granted subject to conditions. This site is to the south of the application site.

4.5 PAN (reference: 16/00931/PAN) for residential development with associated infrastructure, drainage, SUDS, landscaping and open space, was received 15 November 2016 and closed on 16 November 2017.



4.6 PAN (reference: 19/00406/PAN) for residential development with associated infrastructure, drainage, SUDS, landscaping and open space, was received 5 June 2019 and closed on 3 September 2019. Subsequently the current planning application was submitted.

5 PUBLIC PARTICIPATION

5.1 The statutory neighbour notification procedure has been undertaken and the application advertised in the local press.

5.2 10 objections have been received (including 1 from The Dundee Cycling Forum) raising the following valid material grounds:

• cycle parking for properties without garages has not been provided;

• pedestrian links to core paths should be segregated shared cycle and footways;

• road and pedestrian Safety;

• pollution;

• wildlife;

• water pressure;

• drainage;

• access points and lack of;

• detrimental to environment;

• detrimental to residential amenity

• insufficient parking space;

• trees/Landscape affected;

• contrary to Local Plan and Planning Brief;

• school capacity; and

• proposed footpath connects to farm track and dispute that farm track is a pedestrian and cycle path.

5.3 Concerns were also raised in relation to information to homeowners outwith the application process, infrastructure for internet provision, dog fouling and current use of the farm track, installation of gates within rear fencing existing housing plots, construction works and access road requests which fall outwith the application site. However, these are not valid material planning considerations.

5.4 The valid grounds of representation are taken into account in the material considerations section of this report.



6 CONSULTATIONS

6.1 Archaeology – has no objection to the proposal. The applicant has demonstrated that it is unlikely that any significant archaeology exists on site, therefore, there is no need for an archaeology condition.

6.2 Scottish Water – has no objection to the application.

6.3 SEPA - has no objection to the application on flood risk grounds subject to a condition being attached to any grant of planning permission to ensure that no built development, including land raising, should take place in the south west corner of the site and the channel should be reinstated to be able to convey the 1 in 200 year design flow.

6.4 The Head of Community Safety and Protection (Contaminated Land) – has reviewed the Site Investigation (2018) and supplementary report and commented that there is no requirement for gas protection measures and the chemical testing is accepted as a site like this is fairly uniform and there weren’t problems with the adjacent housing sites. A condition is recommended to ensure that the applicant is aware of the requirements to notify the council should contamination or a significant change in ground conditions be found during works.

7 DETERMINING ISSUES

7.1 Section 25 of the Town and Country Planning Act 1997 as amended provides that an application for planning permission (other than for a national development) shall be determined in accordance with the Development Plan unless material considerations indicate otherwise.

THE DEVELOPMENT PLAN The provisions of the Development Plan relevant to the determination of this application are specified in the Policy Background section above.

TAYPLAN 2016 – 2036

7.2 Policy 1: Location Priorities - states that the principal settlements within the region have the potential to accommodate the majority of development in the region, and that the re-use of previously developed land and buildings should be priorities; Dundee's core area is identified as a Tier 1 principal settlement.

7.3 The proposed residential development is located on the northwest side of Dundee which has an established residential character in Dundee. Whilst the site is greenfield land it is bound to the south and east by residential properties. The proposal would see an allocated greenfield site identified in the Local Development Plan developed for 120 units.

7.4 The proposal would therefore satisfy Policy 1.

7.5 Policy 2: Shaping Better Quality Places - Policy 2 seeks to deliver better quality and distinctive places through the arrangement, layout, design, density and mix of developments in the local design contexts with consideration for development to achieve lifetime communities, are accessible, resilient and resource efficient.

7.6 The proposal is for a mix of 3 and 4 bedrooms houses including semi-detached and detached dwellings providing choice and interest within the development. The proposed layout and




vehicular routes are predominantly determined by the layout of the existing residential development and road network as main access to the development site are proposed from Adam Drive, Adam Crescent and St Martin Crescent. Internal roads include the proposed shared surface areas. The proposal includes areas of open space, landscaping and footpath connections throughout the development contributing to the wider green network.


7.8 Policy 4: Homes - requires Local Development Plans to identify appropriate land to be allocated for housing to ensure a generous supply of effective housing sites. This includes provision of a mixture of sites to ensure an effective supply of housing which meet the needs of the region.

7.9 The application site is allocated within the Dundee Local Development Plan 2019 for housing and will contribute to the mix of housing types, size and tenures in the local area.


DUNDEE LOCAL DEVELOPMENT PLAN 2019

7.11 Policy 1: High Quality Design and Placemaking – all development proposals should follow a design-led approach to sustainable, high quality placemaking. Development should contribute positively to the quality of the surrounding built and natural environment and should be planned and designed with reference to climate change mitigation and adaptation. The design and siting of development should respect the character and amenity of the place, create a sense of community and identity, enhance connectivity and incorporate creative approaches to urban design, landscaping and green infrastructure, appropriate to the local context and the scale and nature of the development. New development will be required to meet the six qualities of successful place in accordance with the guidance provided in Appendix 1.

7.12 The proposal is for 120 detached and semi-detached houses with 3 and 4 bedrooms. There are proposed to be 8 different house types finished in materials including brick, render and red and grey concrete roof tiles. The proposed finishes and house types contribute positively towards the quality and identity of the development and reflect the existing modern housing developments. The proposed driveways are to be finished in ‘Charcoal Grey’ Marshalls paviours, with buff paving slabs to in-curtilage paths and buff stone chips to specific areas of landscaping. The rear gardens of the houses would be enclosed by 1.8m high timber fencing. It is proposed to form a structured planting strip on the north of the site between the houses and existing farm track. SUDS, open space and an equipped play area are proposed on the northeast of the site. Throughout the development substantial landscaping is proposed which includes beech hedging to the front of houses, grassed front garden ground and trees within front gardens. The landscaping plan provides both soft and hard features and would create a quality setting for the development.

7.13 Through the application process there have been discussions regarding the proposed drainage arrangements, footpaths and public transport connections and developer contributions. Fully landscaped SUDS basins are proposed on the northeast of the site and it has been indicated that 20 of the western plots would require water pumps to be installed. The water pumps relate to the mains water supply and are proposed as Scottish Water cannot guarantee that the statutory minimum pressure can be met. As such the pumps are proposed to improve the mains water supply pressure. The SUDs proposals are contained within the application site. It is proposed to connect to the public water supply and public drainage network. Scottish Water and the Council’s City Development Engineers have been consulted on the application and recommend conditions relating to check certification. It has been



demonstrated that in principle there is an acceptable drainage solution for the site. The SUDS basin has been sensitively integrated in to the site such that it is next to the proposed area of open space which is well connected to the whole site by the internal footpaths. Additionally the proposed site plan shows footpath connections to the north and west of the site to the Dundee Council Core Path Network, specifically paths 15A, 15C, 16 and 16B.

7.14 With regard to Appendix 1, this states that the scale, nature and location of the development will determine the extent to which the six qualities are appropriate to the assessment process. Appendix 1 is assessed as follows:

Distinctive - a Design and Access Statement has been submitted as part of the assessment of the application. There are a mix of red and grey roofs within the surrounding area which are part of the previous phases of development. The same roof finishes are proposed through this application. The proposed use of red and grey roof tiles would not be out of character with the completed phases of development. The elevation drawings demonstrate that the visual appearance of the two storey houses will be varied through the scale and design, and will contribute positively to developing the local character. It is proposed to retain existing trees as well as incorporate new landscaping within the development. Access will be taken from existing roads of the previous phases. New footpaths will be created to provide access through the site and link the development to the surrounding area. Green infrastructure is to be retained and enhanced as part of the proposal. The proposal benefits from an outlook to the rural area to the north and responds positively and sensitively to local features using building materials and landscaping which respect the semi-rural area and will create a positive place with a strong sense of identity.

Safe and Pleasant – the site is bound by residential properties, agricultural land and the core path network. The driveways to the proposed properties will be to the front or side of the houses and secure covered cycle storage is proposed in the rear garden. New footpaths will be created to provide access through the site and link the development to the surrounding area which includes the Core Path network. Details of the secure cycle parking and path networks are recommended to be conditioned. There are to be areas of greenspace on the east of the site. Houses will look on to the green spaces which will provide natural surveillance. The fenestration of the properties will also contribute to natural surveillance. The proposal will create a safe and pleasant place.

Easy to Move Around and Beyond – new footpaths have been sensitively integrated into the proposed site layout to connect to the existing residential area which lead to Strathmartine Road. Connections are also proposed to link the site to the Core Path network, which includes paths which lead to Clatto Country Park. The road layout in previous phases was designed to enable a bus route to extend through the new housing developments, however due to viability bus stops were removed and the route was reduced in length. If the new housing development improves the viability of a bus service then it is likely that the bus route could be reinstated. From general discussions between the Council and bus operators within the City it is understood that if there is a demand and a bus route is viable, it is likely that a service will be implemented. Vehicle access is proposed from Adam Drive, Adam Crescent and St Martin Crescent. The proposal considers place and responds positively and sensitively to the needs of people.

Welcoming – the development would be viewed as a continuation of the existing modern housing development as it is the last phase of an allocated site. The accesses and roads would continue from existing streets of the earlier phases of development and it would be viewed as a natural area of expansion. It is indicated that the access taken from St Martin Crescent would lead directly to the area of open space where there would be an entrance feature. This would contribute positively to distinguishing between the phases of development and add visual interest. The majority of new footpaths through the site will be overlooked by



the new houses offering natural surveillance and a safe and welcoming environment. The proposal positively promotes wayfinding and a sense of orientation.

Adaptable – this is an allocated greenfield housing site. The proposed houses will be a positive addition to the mix of houses in the area. Green space is to be incorporated as part of the proposal.

Resource Efficient – an Energy Statement has been submitted. This outlines that carbon reductions and emissions are proposed to be achieved by choosing materials with a lesser environmental impact through the procurement process, through a fabric first energy strategy and through passive design (orientation, shading, cooling, sealing, thermal mass and glazing). A condition is recommended to ensure that the extent to which the development meets the LDP energy requirements is submitted. In terms of Heat Networks, there is no viable heat network that could be provided or linked in to as part of this development. However, there is scope for future pipework connections to be accommodated in order to meet the requirements. Bin store areas are proposed in the rear garden ground which can be accessed from the street. Waste and recycling will accord with the Council’s Waste Management Strategy. Green infrastructure will be retained and enhanced as part of the proposal.

7.15 The proposal meets the requirements of Appendix 1.

7.16 The proposed residential development of a range of types and sizes will make a positive contribution to the residential neighbourhood in the northwest of the city. The design and layout has been sensitively considered to respect the character and amenity of the surrounding area and the proposal will include new elements of green infrastructure.

7.17 The proposal is in accordance with Policy 1, subject to conditions.

7.18 Policy 2: Public Art Contribution – all developments in Dundee with construction costs of £1 million or over will be required to allocate at least 1% of construction costs for the inclusion of art projects in a publicly accessible/visible place or places within the development.

7.19 The proposal is a major application for 120 units. The site plan indicates that an entrance feature is proposed as the public art contribution at the St Martin Crescent access. A condition is recommended to agree the details of the scheme of public art and to ensure that the scheme is implemented.

7.20 The proposal is in accordance with Policy 2, subject to a condition.

7.21 Policy 9: Housing Land Release – priority will be given to the development of the allocated brownfield and greenfield sites.

7.22 The site is an allocated greenfield site in the Local Development Plan (H44) with an indicative capacity of 110. This application is for 120 houses. The capacity within the Plan is indicative and it has been demonstrated that the further 10 houses can be accommodated whilst maintaining a quality layout and meeting Local Development Plan standards.

7.23 The proposal is in accordance with Policy 9.

7.24 Policy 10: Design of New Housing – the design and layout of new housing developments in Dundee should be of a high quality and contribute to creating places that respect and enhance the distinct character and identity of the different parts of the city. All new housing developments should meet the six qualities of successful place, as set out in Policy 1 and should provide a balanced choice and type of housing. All new housing developments will be required to conform to the guidance on the Design of New Housing set out in Appendix 4. All



new housing developments will need to ensure that the design and layout respects and enhances the character of adjoining properties and the surrounding area and does not have a detrimental impact on residential amenity and parking.

The proposal is required to meet the suburban standards for houses set out in Appendix 4 which requires the following:

7.25 House Type - in general, 75% of houses should have 3 or more bedrooms or a minimum gross internal floor area of 100m2.

7.26 Response – the 120no houses proposed are all 3 and 4 bedroom dwelling houses. 26 houses would be 3 bedroom properties with the remaining 94 houses being 4 bedroom properties. As such 100% of the properties have 3 or more bedrooms and therefore the proposal exceeds the 75% requirement and meets the standards.

7.27 Car Parking – all car parking should be located within the curtilage of each house. All tenures should have at least 1 space. Private houses with 3 bedrooms should have at least 2 spaces. Private houses with 4 or more bedrooms should have at least 3 spaces.

7.28 Response – each of the dwellings have in curtilage parking with some integral and detached garages proposed throughout the development. Of the 8 house types 5 would have an integral garage, 2 house types would have detached garages and 1 house type would not have any garage. All house types would have a driveway. All 3 bed properties would have a minimum of 2 in curtilage spaces and all 4 bed properties would have a minimum of 3 in curtilage spaces. The proposal meets the in curtilage parking requirement.

7.29 Cycle Provision - one secure, covered space per house must be provided unless a suitable garage or other secure area is provided within the curtilage of the house.

7.30 Response –Of the 120 dwellings, 5 of the 8 house types would have an integral garage. This results in 100 houses having garages for secure cycle provision. The remaining 20 houses (Haddington semi-detached properties) would have a dedicated cycle storage unit in the rear garden ground. A condition is recommended to ensure that details of the unit are submitted to and approved by the Planning Authority.

7.31 Amenity/Garden Ground - greenfield sites will provide an average private useable garden ground of 160m2 per house with a minimum garden size of 120m2. The provision for mid terrace houses may be relaxed. Mid terrace garden should be serviceable by a private path to the street.

7.32 Response – the application site is greenfield land. The development meets the garden ground requirements for this greenfield site with a minimum of 120m2 and an average of 160m2.

7.33 Privacy - a minimum of 18 metres between the facing windows of habitable rooms.

7.34 Response – there would be at least 18 metres between the windows of habitable rooms of the proposed housing and existing house to the south and east.

7.35 General Requirement - provision for waste and recycling should be provided in accordance with the Council’s waste management strategy.

7.36 Response – the Design and Access Statement outlines that there will be provision for waste and recycling in curtilage. The site plan demonstrates that there would be provision for refuse



and recycling and access is available to take bins to/from the street. Provision can be achieved in accordance with the Council’s Waste Management Strategy.

7.37 General Requirement – parking areas should provide provision for electric car charging points.

7.38 Response – it is proposed that an external electric vehicle charge point is to be fitted to the gable end of the “Haddington” semi-detached plots and for all other properties it is proposed to have sockets within the attached and detached garages. A condition is recommended to ensure that details of the electric vehicle charging points are agreed prior to occupation.


7.40 Policy 28: Protecting and Enhancing the Dundee Green Network – development proposals shall protect and enhance the Dundee Green Network by ensuring that development will not lead to the fragmentation of the existing network of green infrastructure. New development should contribute to the Dundee Green Network where appropriate and as determined by the Council, through the integration of green infrastructure in masterplans or development frameworks and the creation and/or improvement of green infrastructure within development sites or in the local area.

7.41 The proposed design and layout shows an area of open space with a play area and SUDS in the north east of the site. In addition, the proposal shows pedestrian links between the site and the surrounding natural environment including the open countryside to the north and Clatto country park to the west. These footpath connections link the development to the Dundee Core Path Network. A 2m strip to the north lies outwith the application and on the west 2no. 4m strips also fall outwith the application site. These strips of land are not indicated to be in control of the applicant however are required to ensure that the path from within the site can properly connect to the Core Path network. A Grampian style planning condition is recommended to ensure that the details of these sections of path are agreed prior to commencement of development and constructed prior to occupation. The proposed design and layout of the development would be considered to protect and enhance the Dundee Green Network in line with Policy 28.


7.43 Policy 30: Green Infrastructure Maintenance – the Council will apply planning conditions or Section 75 obligations to planning permissions to make suitable provision for the long-term maintenance of green infrastructure (including open space and landscaping associated with Sustainable Drainage Systems) in new housing developments, based on the following options:

1 green infrastructure will be adopted by the Council, subject to appropriate agreements with the developer over the landscaping scheme and annual maintenance, including payment of a commuted sum to cover annual maintenance costs; or

2 a developer may lay out the green infrastructure, transfer the land to a suitable third party, and either.

i pay a commuted sum to cover maintenance costs; or

ii hand over the maintenance costs to residents of the new development.

This latter option should be clearly set out in the sale agreement so residents agree to effectively share the cost of maintaining green infrastructure on an annual basis.



7.44 It has been stated that the developer will ensure that within the Missives it is included that the purchasers are responsible for common areas. On completion of the site a Factor will be appointed by the Developer to assist in the establishment of a Residents Association to thereafter ensure that the Factor organises a maintenance regime. In order to secure this it is recommended that a condition is attached to any planning permission granted.

7.45 The proposal is in accordance with Policy 30, subject to a condition to secure the long term maintenance of the green infrastructure.

7.46 Policy 36: Flood Risk Management – states that low to medium risk areas with a 1 in 1000 to 1 in 200 year annual probability of flooding will be suitable for most development. A flood risk assessment may be required at the upper end of the probability range or where the nature of the development or local circumstances indicates heightened risk. These areas are generally not suitable for essential civil infrastructure. Where such infrastructure must be located in these areas, it should be capable of remaining operational and accessible during extreme flooding events.

7.47 The SEPA Flood Map does not show the site being at risk of surface water flooding however there are areas of medium to high surface water flood risk in the surrounding area. A Flood Risk Assessment has been submitted with the application which concludes that the site would not be considered to be at significant risk of flooding but does make recommendations in relation to appropriate mitigation at Gorrie Burn. It is recommended that a condition is attached should planning permission be granted to ensure that the mitigation measures outlined in the Flood Risk Assessment are implemented.

7.48 Supplementary information to the Flood Risk Assessment has been submitted. The supplementary information comments further on the culvert upstream that was previously suggested to be removed at the field crossing. However, further surveys demonstrate that removing the crossing would not impact the flood risk.

7.49 SEPA have commented that they have no objection to the proposal on flood risk grounds, provided that should planning permission be granted that a condition to ensure that no built development, including land raising, should take place in the south west corner of the site (properties 867 to 870 as shown on Drawing 10C - Site Layout Plan( Rev T) unless the channel is reinstated to be able to convey the 1 in 200 year design flow. This condition is recommended should planning permission be granted.


7.51 Policy 37: Sustainable Drainage Systems - surface water discharging to the water environment from new development must be treated by a Sustainable Drainage System (SuDS) except for single houses or where discharge is to coastal waters. SuDS should be designed so that the water level during a 1:200 year rainstorm event plus allowances for climate change and future urban expansion is at least 600mm below finished floor levels. This incorporates an allowance for the effect of climate change. In addition, proposals will be encouraged to adopt an ecological approach to surface water management, ensure an appropriate level of treatment and exploit opportunities for the system to form an integral part of the Dundee Green Network through habitat creation or enhancement through measures such as the formulation of wetlands or ponds. Proposals should have no detrimental impact on the ecological quality of the water environment.

7.52 A drainage scheme has been proposed on the north east of the site. A SUDS basin has been proposed and there has been consultation with Scottish Water and the Council Engineers. Scottish Water have no objection to the proposal and commented that there is sufficient capacity within the water treatment works and sufficient network capacity. In terms of wastewater there is sufficient capacity within the receiving wastewater treatment works and



drainage network to accommodate the development, however the developer should submit an updated Pre-Development Enquiry to Scottish Water. A condition is recommended to ensure that evidence of Scottish Water Technical Approval is submitted to the Planning Authority.

7.53 In principle the proposed SUDS layout is acceptable and it is recommended that conditions are attached should planning permission be granted to ensure that the Dundee City Council drainage design compliance, independent check and maintenance certificates are provided and evidence of Scottish Water approval is submitted.

7.54 It is noted that water pumps are proposed for 20 of the western plots. These relate to the mains water supply as Scottish Water cannot guarantee that the statutory minimum pressure requirements for mains water can be met.


7.56 Policy 41: Land Contamination - a) Development of potentially contaminated or statutorily identified contaminated land will be considered where:

1 a site investigation is submitted establishing the nature and extent of contamination; and

2 the Council is satisfied that remediation measures proposed for the development, adequately address contamination risks to all receptors, such that the land demonstrably does not meet the statutory definition of contaminated land and is suitable for the planned use.

7.57 A Site Investigation (2018) and supplementary report has been submitted as part of the assessment of the application which concludes that based on a desk study review the mineral stability of the site is considered to be satisfactory. There is not significant made ground which confirms the greenfield nature of the site. Concentrations of inorganic and organic contaminants were found to be low in soils across the site and remedial measures are not considered to be necessary to address soil contamination. Soil gas levels are not significant across the site area and gas protection measures are not considered necessary.

7.58 Recommendations and good practice measures are recommended in the Site Investigation which include but are not limited to test pitting, strip footings, allowance for water control and soil removal/importing. Should planning permission be granted it is recommended that a condition is attached to ensure that the recommendations of the Site Investigation are implemented.

7.59 The Head of Community Safety and Protection has commented on the proposal. The Site Investigation (2018) and supplementary report has been reviewed and there is no requirement for gas protection measures and the chemical testing is accepted as a site like this is fairly uniform and there were no problems within the adjacent housing developments. A condition is recommended to ensure that the applicant is aware of the requirements to notify the council should contamination or a significant change in ground conditions be found during works.


7.61 Policy 44: Waste Management Requirements for Development - development proposals should demonstrate that they adequately address the Scottish Government's Zero Waste Policy and that sufficient provisions are made to maximise opportunities for waste reduction and waste separation at source and enable the separate collection of recyclable material as outlined in the Waste (Scotland) Regulations 2012. The policy also requires site waste management plans to be prepared and used during the construction of major developments.



7.62 The Design Statement has stated that provision will be made for refuse and recycling containers within the curtilage of the plot with containers being presented kerbside on collection day. The proposed site plan demonstrates that there is access from the rear curtilage to the street for refuse and recycling bins. In terms of waste during the construction phase, a planning condition will be used to ensure that a site waste management plan is prepared, submitted and implemented during construction.


7.64 Policy 46: Delivery of Heat Networks - requires new development to consider the feasibility of meeting their heat demand through heat networks. A statement is required to be submitted with applications that are Major planning applications or are within locations identified within Scotland’s Heat Map or the City’s Heat Strategy as close to significant heat supply or a planned heat network. Development layouts should be designed to be capable of connecting to a heat network or heat source and areas for pipe runs within the development should be safeguarded to enable future connectivity.

7.65 An Energy Statement has been submitted. In terms of Heat Networks, the statement confirms there is no viable heat network that could be provided or linked in to as part of this development. However, there is scope for future pipework connections to be accommodated that could allow the development to connect to a network in the future.

7.66 Consideration has been given to the viability of creating a heat network and it is accepted that at this time it is not viable however the solution to ensure there is scope for future pipework connections is acceptable.


7.68 Policy 48: Low and Zero Carbon Technology in New Development - proposals for all new buildings will be required to demonstrate that a proportion of the carbon emissions reduction standard set by Scottish Building Standards will be met through the installation and operation of low and zero carbon generating technologies. A statement will be required to be submitted with an application for planning permission to demonstrate compliance with this requirement.

7.69 The applicant has submitted an Energy Statement which details the approaches that will be taken to provide low and zero carbon technology within the development including a fabric first approach, orientation of the dwellings to maximise solar gain and the inclusion of PV panels.

7.70 The Statement concludes that the proposed fabric and building services specification will permanently reduce emissions by 4.55% and the proposed energy demand by 9.59%. The Dundee Local Development Plan 2019 Supplementary Guidance Low and Zero Carbon Technology in New Development states that the proportion of the carbon emissions reduction standard set by Scottish Building Standards Technical Handbooks, 2019, to be met through the installation and operation of low and zero carbon generating technologies will be 5%.

7.71 As the 5% carbon emission reduction standard has not been met, evidence is required to demonstrate that the proposed approach would meet the required carbon emissions reduction standards set by Building Standards and as such a condition is recommended to ensure that a supplementary statement is submitted to demonstrate compliance with Scottish Building Standards carbon emissions reduction.




7.73 Policy 52: Scheduled Monuments and Archaeological Sites - b) Archaeological Sites - Where any proposal could affect a site of known archaeological importance or potential, the applicant will be required to provide an assessment of the archaeological value of the site and the likely impact of the proposal on the archaeological resource. Such an assessment will require a field evaluation to be carried out to the reasonable satisfaction of the Council, to determine:

1 the character and extent of the archaeological remains;

2 the likely impact of the proposal on the features of archaeological interest; and

3 the ways in which the development proposal can be amended or designed in order to mitigate its impact on the archaeological remains.

7.74 Where the development is considered to be acceptable and it is not possible to preserve the archaeological resource in situ, the developer will be required to make arrangements for an archaeological investigation. Planning conditions will be used and agreements sought to secure these arrangements

7.75 An Archaeology Written Scheme of Investigation (WSI) and Archaeology Data Structure Report (DSR) have been submitted with the application. The WSI forms the archaeological method statement for the Archaeological Evaluation of the site. The DSR states that no archaeologically significant features were uncovered within any of the trenches during the archaeological evaluation and no further archaeological work on the site is recommended.

7.76 The Council’s archaeological consultant has no objection to the proposal and the applicant has demonstrated that it is unlikely that any significant archaeology exists on site, therefore, there is no need for a condition.

7.77 The proposal is in accordance with policy 52.

7.78 Policy 54: Safe and Sustainable Transport - all development proposals* that generate travel should be designed to be well served by all modes of transport. In particular the sustainable modes of walking, cycling and public transport should be afforded priority and provide for easy access to local amenities, education facilities and other services.

7.79 Development proposals will be required to:

1 minimise the need to travel by private car;

2 provide facilities on-site (and/or off-site through developer contributions or by direct delivery) for walking, cycling and public transport networks, including road/junction improvements and cycle parking. Developments without high quality, safe and convenient links to adjacent walking and cycling networks will not be supported;

3 incorporate measures to permit access to public transport networks within a walking distance of no more than 400 metres from all parts of the development;

4 have no detrimental effect on the capacity or safe functioning of the existing road or rail networks;

5 ensure that safe and adequate provision is made for road freight and waste access, loading and unloading;



6 comply with the National Roads Development Guide and any local variations within Dundee City Council’s roads design standards; and

7 be supported by a travel plan to mitigate transport impacts and improve the accessibility of developments where the Council considers that the development will generate significant travel.

Walking and cycling routes should be fully useable prior to the first occupation of a new development.

*this includes the re-use of existing buildings.

7.80 A Transport Assessment has been submitted with the application and the conclusions agreed. In respect of the above criteria:

1 Internal footpaths would be formed which would connect the site to the existing residential area, the proposed and existing open spaces and the Dundee City Council Core Path Network. Bus stops are located at the eastern end of the wider residential area at St Martin Avenue and the road layout is designed so that a bus route could be formed that would loop through the wider development. Cycle parking for each unit is proposed which should encourage cycle use. Whilst the development would be predominantly reliant on the private car, in this instance measures are proposed that would encourage the use of alternative methods of transport.

2 Public footpaths are proposed and paths to link to the Core Path Network which would facilitate walking within the site and connections to the surrounding area. Cycle parking provision is proposed and the south of the site is 380m from the Green Circular Cycle Route. In terms of road layout, the main ring road formed as part of the initial phases of development did and could again serve as a bus route depending on viability. It is considered that there are options to provide facilities for public transport networks on site.

3 All parts of the site are not within a 400m walking distance of existing public transport networks and therefore this criterion is not met.

4 A Transport Assessment has been submitted and its conclusions agreed. The roads/footways leading to the site have capacity to cater for the proposed development. The proposed accesses meet current specification and the proposed junction meets current visibility requirements. It is recommended that conditions are attached to any grant of planning permission which relate to; road markings, traffic calming, surface water drainage, residential travel plan, street lighting system, electric car charging, in-curtilage surface water run-off and roads surface water. The site is not within close proximity to a railway line. The proposal would have no detrimental effect on the capacity or safe functioning of the existing road or rail networks.

5 A swept path diagram has been submitted with the application to demonstrate that the layout could accommodate large refuse vehicles. It is considered that the layout and design of the proposal along with the aforementioned conditions ensures that there is safe and adequate provision made for road freight and waste access, loading and unloading.

6 With the aforementioned conditions, the proposal would comply with the National Roads Development Guide and any local variations within Dundee City Council’s roads design standards.

7 It is recommended that should planning permission be granted, that a planning condition is used to require the preparation of a travel plan in order to mitigate transport impacts



and improve the accessibility of developments where the Council considers that the development will generate significant travel. This would be distributed to each occupier.

7.81 The proposal is not in accordance with criterion 3 and therefore does not comply with Policy 54.

7.82 Policy 56: Parking – Developments Outwith the City Centre

Vehicle Parking - all new developments shall be required to comply with Dundee City Council’s adopted guidance on road standards; with the national maximum parking standards; and the national minimum disabled parking standards. Residential developments should include infrastructure to provide electric car charging points, either through electrical connections adjacent to private driveways, or through infrastructure for the installation of charging points within communal car parking areas.

Cycle Parking - all new developments should include cycle parking facilities in accordance with Dundee City Council’s adopted guidance on roads standards and the Appendix 4 design standards.

7.83 With the recommended conditions relating to roads standards outlined in the assessment against Policy 54, the proposal meets the parking standards for residential development in suburban areas. In terms of provision for electric vehicle charging, this is proposed within the garages or on the gable end of the proposed houses and a condition is recommended to ensure details of this are agreed. As assessed against Policies 10 and 54, a condition is recommended to ensure that details of the proposed cycle parking facilities are submitted and approved.


7.85 It is concluded that the proposal is not in accordance with the Development Plan.

MATERIAL CONSIDERATIONS 7.86 The material considerations to be taken into account are as follows:

A – REPRESENTATIONS 7.87 Ten objections have been received (including 1 from The Dundee Cycling Forum) raising the

following valid material grounds.

• cycle parking for properties without garages has not been provided;

• pedestrian links to core paths should be segregated shared cycle and footways;

• road and pedestrian safety;

• pollution;

• wildlife;

• water pressure;

• drainage;

• access points and lack of;




• detrimental to residential amenity;

• insufficient parking space;

• trees/landscape affected;

• contrary to Local Plan and Planning Brief;

• school capacity; and

• proposed footpath connects to farm track and dispute that farm track is a pedestrian and cycle path.

The grounds of objection are considered and assessed as follows:

7.88 Objection - cycle parking for properties without garages has not been provided.

Response – this concern has been addressed through the assessment of the application and as outlined above, secure, covered cycle parking for each house will be provided and a condition to agree the details is recommended.

7.89 Objection - pedestrian links to core paths should be segregated shared cycle and footways.

Response – The links to the Core Path network to the north and west are 2m wide. The Core Path which they would lead to is a farm track and is not a segregated shared cycle and footway, however it is utilised by cyclists and pedestrians. It is considered that in this instance the segregation of the path is not required for these sections. However it is recommended that a condition is attached should planning permission be granted to ensure that the details of connections to the existing path network are submitted to and approved by the Council.

7.90 Objection - road and pedestrian safety.

Response – the Transport Assessment and its conclusions have been agreed. Conditions are recommended to ensure that the proposal meets roads standard requirements. The proposal does not raise road and pedestrian safety issues.

7.91 Objection – pollution.

Response – the applicant has submitted an Energy Statement to demonstrate the proposed approach to a more carbon friendly development. A condition is recommended to ensure that details are submitted to demonstrate compliance with the Building Standards reduction percentage targets for carbon emissions. There are no other planning controls in regards to pollution.

7.92 Objection – wildlife and environment.

Response – An Ecology Survey Update 2019 was submitted with the application. The work undertaken was a repeat of a previous update survey. The update letter concludes that there are no significant changes to the habitat survey results and the site which was last used for crops (barley) is of very low sensitivity from a habitats point of view and overall the site is of very low sensitivity to ecology and ornithology. Adjacent habitats to the west such as the semi-natural woodland are of local value for nature conservation, but are not predicted to be affected by the proposed development.



7.93 Objection – water pressure.

Response – as outlined against Policy 37, it is noted that water pumps are proposed for 20 of the western plots. These relate to the mains water supply as Scottish Water cannot guarantee that the statutory minimum pressure requirements for mains water can be met. Scottish Water has not objected to the proposal.

7.94 Objection – drainage.

Response – a Flood Risk Assessment and a SUDS scheme have been proposed and accepted and planning conditions recommended as outlined in the assessment against Policies 36 and 37.

7.95 Objection - lack of access points

Response – the proposed access and junctions meet the Councils roads standards and the access points are a natural extension to the existing phases of development.

7.96 Objection - detrimental to residential amenity.

Response – the proposal is for housing development on an allocated housing site. It is the final phase of the planned housing development in this part of the city. The proposed use is not out of character with its surroundings. The proposal would not have any detrimental overlooking or overshadowing impacts on the surrounding area.

7.97 Objection - insufficient parking space.

Response – the proposal meets the parking requirements as set out in the assessment against Policy 10 and Appendix 4, Policy 54 and Policy 56.

7.98 Objection - trees/landscape affected.

Response –The application site is an agricultural field on the edge on an existing housing development and is itself an allocated housing site. Beyond the site lies agricultural land to the north. The proposed design, layout and use of the land would reflect its immediate surroundings to the east and south and it would not have a detrimental visual impact on the wider landscape. There are no trees on site which would be affected by the development. Trees to the west fall outwith the application site.

7.99 Objection - contrary to Local Plan and Planning Brief.

Response – There is no site planning brief and it has been assessed above that the proposal to develop an allocated housing site would generally comply with the Dundee Local Development Plan 2019 apart from the distance from the site to a public transport network as discussed above under Policy 54.

7.100 Objection - School Capacity

Response - the Council’s Children and Families Service have been consulted and have advised that there is capacity within the local schools.

7.101 Objection - proposed footpath connects to farm track and dispute that farm track is a pedestrian and cycle path.

Response – the farm track is designated as a Core Path in the Dundee Core Paths Plan. Any land ownership issues would be a private matter.



7.102 The issues raised in the representations have been considered and addressed in the report and the grounds raised are not of sufficient weight to justify refusal of planning permission.

7.103 It is concluded that there are no material considerations of sufficient weight in this case to justify refusal of planning permission.

B – Departure from Policy 54: Safe and Sustainable Transport

7.104 Policy 54 requires, amongst other things, that all development proposals incorporate measures to permit access to public transport networks within a walking distance of no more than 400 metres from all parts of the development.

7.105 Whilst the site is not within a walking distance of 400 metres of a bus stop, it is considered that the St Martins Crescent loop road from the earlier phases of housing development could permit future access for public transport. St Martins Crescent has a wider carriageway and was previously a bus route with bus stops, however the bus route was reduced in length due to it not being viable. The increase in population arising from this proposed development may improve the viability of the bus route and allow the service to be reinstated.

7.106 Whilst all parts of the new site would not be within a walking distance of 400m of the potentially reinstated bus loop, the bus route was designed in line with previous local development plan requirements where the centre of a development site and not all parts were required to be within 400m of bus stops. The whole development has been implemented in phases and the road loop was completed as part of the earlier phases of development. The 400m requirement cannot now be achieved due to the road design limits of the previous phases of development. However as the furthest point of the proposed development would be approximately 500m walking distance from the St Martins Crescent loop road designed for buses, it is considered that in this instance the proposed layout is acceptable.

7.107 It is concluded that there are material considerations of sufficient weight in this case to justify approval of planning permission.

8 CONCLUSION

8.1 The application for 120 houses is not in accordance with the Development Plan however there are material considerations of sufficient weight to justify approval of planning permission. There are no material considerations of sufficient weight that would justify refusal of planning permission. Therefore it is recommended that planning permission be granted subject to conditions.

9 RECOMMENDATION

9.1 It is recommended that planning permission be GRANTED subject to the following conditions:

1 Condition – prior to the commencement of development, details of the reinstatement of the channel (as described in the “Flood Memo - Comment on Culvert Upstream of the Site” dated 5 June 2020) to be able to convey the 1 in 200 year design flow, shall be submitted to and approved by the Planning Authority. These details shall include: i proposed methodology including timescales; and ii the means of securing the provision to carry out the works to the channel.



Thereafter, no built development, including land raising, should take place in the south west corner of the site (properties 867 to 870 as shown on Drawing 10C - Site Layout Plan( Rev T)) until the channel has been reinstated to be able to convey the 1 in 200 year design flow, in accordance with the approved details. Reason – to ensure that there is an achievable solution to mitigate surface water flood risk across the whole development site and that the permission hereby granted can be implemented in its entirety.

2 Condition - prior to the commencement of any works on site, signed Dundee City Council Design Compliance and Independent Check Certification for the SuDS system 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.

3 Condition - 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 prevention and visual amenity.

4 Condition - 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 surface water drainage.

5 Condition - 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.

6 Condition - prior to the occupation of the first house, details of the secure cycle storage facilities as shown on the approved drawing “Site Layout Plan” shall be submitted to and approved by the Planning Authority. The cycle storage shall be installed in accordance with the approved details and remain perpetuity. Reason – to ensure that storage provision is made for sustainable transport.

7 Condition - prior to the commencement of development, details of the proposed footpaths (north and west) which connect to the Core Path Network and fall both within and outwith the application site, shall be submitted to and approved in writing by the Council. These details shall include: i the footpath route; ii the construction materials; iii road safety measures; and



iv the means of securing its provision. The footpath shall be constructed in accordance with the approved details prior to the occupation of the first house. Reason - in the interests of place making and improving connectivity between green infrastructure.

8 Condition - prior to the commencement of any work on site, maintenance responsibilities along with a maintenance schedule for all communal/shared areas, 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 - to ensure that the proposed development has a satisfactory external appearance in the interests of the environmental quality and visual amenities of the area.

9 Condition - prior to the commencement of any works on site, a site waste management plan shall be submitted to and approved in writing by the Council. This shall contain details of how site waste will be controlled during the construction and operation of the development. Thereafter, the waste management plan approved by virtue of this condition shall be implemented in full within the development hereby approved. Reason - in the interests of sustainable waste management.

10 Condition - a Sustainability Statement demonstrating the extent to which the new build elements of the development will meet the requirements of Policy 48 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 interests of reducing carbon emissions associated with the proposed development

11 Condition - details of the proposed roads including proposed road markings, traffic calming and surface water drainage must be agreed prior to any works on site. Reason - in the interests of vehicle and pedestrian safety.

12 Condition - prior to occupation of the first property a Residential Travel Plan must be agreed with the Planning Authority. This shall be distributed to all new residents on occupation of each property. Reason - in the interests of promoting sustainable transport.

13 Condition - 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.

14 Condition - prior to commencement of development, details of the proposed electric vehicle charging provision for each house shall be submitted to and approved in writing by the Council. The agreed provision shall be installed prior to the occupation of each dwelling. Reason - in the interests of sustainable travel measures.



15 Condition - 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.

16 Condition - 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.

17 Condition - any recommendations contained within the Flood Risk Assessment (September 2019) must be implemented prior to occupation of the development. Reason – in the interest of flood prevention.

18 Condition – any recommendations contained within the Site Investigation at Baldragon Phase 6, Dundee (May 2018) must be implemented. Reason – in the interest of providing a site suitable for residential development.

19 Condition - the council shall be immediately notified in writing should ground conditions vary significantly from those identified in the submitted site investigation reporting, or if any ground contamination is found during redevelopment works. Thereafter a scheme to deal with the contamination shall be submitted to, and agreed in writing by, the Council Planning Authority. The scheme shall include a full timetable for the remediation measures proposed. Verification shall be provided by the applicant or his agent, on completion, that no remediation was required, or that remediation was been undertaken in accordance with, and to the standard specified in, the agreed remediation scheme. Reason - in the interest of providing a site suitable for residential development. Informative A Road Construction Consent (RCC) application (found via the following link on the Dundee City Council website: http://www.dundeecity.gov.uk/a2z/constructionconsent) must be submitted to Dundee City Council as Roads Authority for work on new roads and the adjacent public road or footway and consent for this must be obtained prior to the commencement of any work on the new or existing road or footway. For further details please contact 01382 433341 or [email protected]

http://www.dundeecity.gov.uk/a2z/constructionconsent


Application No 19/00767/FULM Item 2 Page 26


Ward Strathmartine

Address

Land West of Dalmahoy Drive Applicant

Kirkwood Homes Limited Sauchen Business Park Inverurie AB51 7LE Agent

Ewan Maclean Emac Planning LLP 109 Camphill Road Broughty Ferry DD5 2NE Registered 1 October 2019


Contact: Caitlin Duffy

SUMMARY OF REPORT

• Planning permission is sought for the erection of 49 dwelling houses with associated infrastructure, access, landscaping, drainage, SUDS and open space on land west of Dalmahoy Drive.

• The application is in accordance with the Development Plan.

• In total 8 letters were received objecting to the proposal and 1 letter received neither objecting to nor supporting the proposal. Details of an online petition titled “Stop housing development on local conservation area” were submitted with the names and postcode details of 158 respondents. A handwritten petition titled “Petition against Planning for 49 houses at Downfield Golf Course” containing 35 valid signatures and postal addresses was also received. A separate list of 34 names and Dundee as the address was also submitted. Of these 227 petition signatories, only 35 can be considered as valid.

• In accordance with Dundee City Council's scheme of delegation, this application is to be determined by the Planning Committee as it is classed as a major development as identified in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 due to the area of the site exceeding 2 hectares (4.23ha).

• More details can be found at http://idoxwam.dundeecity.gov.uk/idoxpa-web/simpleSearchResults.do?action=firstPage

RECOMMENDATION The proposal is in accordance with the Development Plan. There are no material considerations of sufficient weight to justify refusal of planning permission. It is therefore recommended that planning permission be APPROVED subject to conditions.

KEY INFORMATION

Erection of 49 Houses on Land West of Dalmahoy Drive

http://idoxwam.dundeecity.gov.uk/idoxpa-web/simpleSearchResults.do?action=firstPage





1.1 Permission is sought for 49 dwelling houses on a site which measures 4.23ha. The site is currently an area of open space and woodland on the southeast edge of Downfield Golf Course. The site is split north to south by the driveway which leads to the golf course. A total of 6 houses are proposed within the north section and 43 in the south. A mix of 41 detached and 8 semi-detached houses are proposed. All semi-detached houses would be of the same house type whilst there would be 7 different types of detached properties. The proposed houses are to run north to south in a linear pattern within the centre of the site. The outer edges of the site are to retain and introduce additional trees and landscaping. All plots would have private rear garden ground and in-curtilage parking.

1.2 The houses are proposed to have grey concrete roof tiles, white/cream dry dash render, UPVC windows and doors and black rainwater goods. In curtilage driveways are to be laid with charcoal concrete block paviours and natural colour paviours on the driveway border. 1.8m high timber fences as well as 1.8m high combined wall/fence boundary treatments are proposed to enclose private garden ground. Hedges are proposed to form the front boundaries.

1.3 Access to the residential development is proposed to be taken from Dalmahoy Drive via the driveway which currently provides access to Downfield Golf Course and Club House. Alterations to realign and widen the driveway and form the accesses and footpaths in to the residential area are proposed. The street to be formed within the residential development would run north to south with a hammerhead at the south and a turning head in the north. A SUDS basin is proposed in the northeast section of the site. As well as the road and associated footpaths, pedestrian access is also proposed from Dalmahoy Drive in to the centre of the site and from the south of the site to link to the Dundee Core Path Network.

1.4 Separate to the application, Downfield Golf Club has advised that it is proposed to refurbish the golf clubhouse. It has been stated that the golf clubhouse is in need of significant refurbishment. The Golf Club has entered into an agreement with Kirkwood Homes Limited to develop the application site. It is the Golf Club’s intention that any monies generated by the development will fund the refurbishment of the Club House and other course improvements.


• Relationship Between Driving Range and Proposed Housing;

• Golf Club Operating Plan;

• Design and Access Statement;

• Geo–Environmental Desk Study;

• Drainage Assessment;

• Economic Impact Appraisal;

• Energy Statement;

• Flood Risk Assessment;

• Pre-application Consultation (PAC) Report;



• Planning and Delivery Statement;

• Transport Assessment;

• Tree Protection And Removal Plan;

• Tree Survey Report;

• Road Safety Audit;

• Preliminary Ecological Assessment;

• Waste Management Plan;

• Downfield Post Application Report; and

• Justification Statement for Tree Removal.



Figure 1 – Proposed Site Plan



Figure 2 – Proposed Street Elevations



2 SITE DESCRIPTION

2.1 The site is located to the west of Dalmahoy Drive. It is an area of greenfield land within Downfield Golf Course. The site does not form part of the golf course playing area and is not used by the club for sport or leisure purposes. The driveway to the golf clubhouse splits the site north to south. The north is an area of self-seeded semi mature unmaintained woodland which measures approximately 103m x 105m. The south of the site is made-up ground laid with grass which measures approximately 65m x 267m. A tree belt forms the east boundary which is parallel to Dalmahoy Drive.

2.2 To the north of the site lies Ardler Wood and to the east Dalmahoy Drive, beyond which lies residential properties and the Ardler complex. Dryburgh Industrial Estate lies to the south of the site. The golf course lies immediately to the west where a large area of maintained grass is used as a golf driving range and practice area. There is also the car park and a group of buildings comprising the clubhouse and a maintenance shed.

2.3 In July 2019, prior to the submission of the planning application, a total of 119 trees were felled within the application site boundary. The applicant’s agent has advised that trees were felled by the Golf Club as part of its ongoing management. Although these trees were not protected and no planning permission or consent was required from Dundee City Council to fell the trees, this comprised unauthorised felling under the Forestry and Land Management (Scotland) Act 2018. Separate to the planning application process, Scottish Forestry (formerly Forestry Commission Scotland) have taken enforcement action to address this. This enforcement action comprises a restocking direction requiring the golf club to plant a total of 800 replacement trees, of which 10% can be shrubs, and to fence and maintain these for a period of 10 years.

2.4 These replacement trees are to be replanted outwith but immediately parallel to the western boundary of the planning application site.

2.5 This planning application is assessed on its own merits and is separate to the tree felling case as it is dealt with under a separate remit and legislation. Within the planning remit, tree felling only requires permission if the trees are within a Conservation Area or are protected by Tree Preservation Orders, neither of which apply in this instance. As such the Council has no statutory requirements to pursue action.



Figure 3 – View Towards Southeast of Site

Figure 4 – View in to South Section of Site



3 POLICY BACKGROUND


TAYPlan 2016-2036 Policy 1: Location Priorities Policy 2: Shaping Better Quality Places Policy 4: Homes

DUNDEE LOCAL DEVELOPMENT PLAN 2019 Policy 1: High Quality Design and Placemaking Policy 2: Public Art Contribution Policy 9: Housing Land Release Policy 10: Design of New Housing Policy 28: Protecting and Enhancing the Dundee Green Network Policy 30: Green Infrastructure Maintenance Policy 33: Local Nature Conservation Designations Policy 35: Trees and Urban Woodland Policy 36: Flood Risk Management Policy 37: Sustainable Drainage Systems Policy 39: Environmental Protection Policy 41: Land Contamination Policy 44: Waste Management Requirements for Development Policy 46: Delivery of Heat Networks Policy 48: Low and Zero Carbon Technology in New Development Policy 54: Safe and Sustainable Transport Policy 56: Parking


4 SITE HISTORY

4.1 Outline Planning permission (reference: 06/01126/OUT) for the erection of 15 dwellinghouses and access road was refused in 2007.

4.2 Outline Planning permission (reference: 09/00326/OUT) for the erection of 12 dwellinghouses, access road and drainage was approved subject to conditions in 2010.

4.3 Planning Application Notice (reference: 19/00187/PAN) for the Residential Development with Associated Infrastructure, Access, Landscaping, Drainage, SUDS and Open Space was submitted in March 2019. A PAC report has been submitted with the application which outlines and details the public consultation and community engagement which has been undertaken prior to submitting the application.





5.2 In total 8 letters were received objecting to the proposal and 1 letter received neither objecting to nor supporting the proposal. Details of an online petition titled “Stop housing development on local conservation area” were submitted with the names and postcode details of 158 respondents. A handwritten petition titled “Petition against Planning for 49 houses at Downfield Golf Course” containing 35 valid signatures and postal addresses was also received. A separate list of 34 names and Dundee as the address was also submitted.

5.3 The Councils Standing Orders and Delegation of Powers to Officers of the Council states that where a letter or petition is received which is signed by more than one person, each signatory must provide a valid postal address, otherwise they will not be considered as a valid representation. A valid representation must be in the form of a signed and dated letter or statement or an e-mail indicating the name and postal address of the sender specifically indicating an objection to the application concerned. The letter/statement shall bear a legible name of the signatory and the signatory’s address. Where more than one letter/statement of representation per household is received this shall be defined as the Council having received one letter/statement.

5.4 In total there are 227 petition signatories however only 35 have provided a full postal address and can be considered as valid.

5.5 The above raised the following valid material planning considerations:


• inappropriate development in wooded conservation area;

• increase traffic;

• water supply;

• flooding/drainage;

• impact on wildlife and Wildlife Act;


• loss of green amenity space;

• residential amenity affected;

• residential design, density and layout;

• road and pedestrian safety, parking and access;

• contrary to Local Plan; and

• school capacity.

5.6 Concerns were also raised in relation to the notification of neighbours beyond the statutory requirements, loss of a view and representations not published online. However, these are not valid material planning considerations.

5.7 One letter of representation neither supporting or objecting to the proposal (Dundee Civic Trust) raising the following valid material planning considerations:



• in a local environment near to existing community services and public transport;

• layout concerns; and

• increase size of SUDS area and use of shared surfaces.

5.8 The valid grounds of representation are taken into account in the material considerations section of this report.

6 CONSULTATIONS

6.1 The Head of Neighbourhood Services has commented on the following matters:

Waste – has no objection and comments that standard wheeled bin provision will apply.

Greenspace Team – has no objection but has raised concerns regarding the loss of designated open space, green network and Locally Important Nature Conservation areas.

6.2 The Head of Community Safety and Protection has commented on the following matters:

Contaminated Land – has no objection to the proposal. A desk study has been submitted and reviewed. Conditions are recommended should planning permission be granted. These relate to the completion of the investigation and risk assessment details in the desk study and the submission and implementation of a remediation strategy.

Environmental Health – raises concerns regarding potential noise disturbance to the future residents of the application from the adjacent golf course (use of the maintenance shed, club house, road traffic on the access route and associated activities of the golf course that use plant and equipment).

6.3 Archaeology – has no objection to the proposal and do not consider the site to be of significant archaeological potential. It has been heavily landscaped and drained as part of the creation of Downfield Golf Course and is partially wooded. The unwooded areas were historically wooded. There are no significant archaeological sites, monuments or deposits recorded in, on or near the proposed development site. No archaeological works are required.

6.4 Scottish Water - has no objection to the proposal.

6.5 SEPA – has no objection to the proposal based on the further information received by them on 12 November 2019. All development is located outwith the functional floodplain, with the raising of a small section of road and compensatory flood storage proposed, they no longer object to the proposal.

6.6 SportScotland – has no objection to the proposal and state that the proposal has been discussed with Scottish Golf. The proposal will not affect any part of the golf course or practice area. The rationale for the development is to help the Club’s finances and make improvements to the clubhouse and practice area. They have no objection to the proposal.

6.7 SNH – do not offer formal comment on this proposal as it falls below their threshold for consultation as outlined in their Service Statement for planning and development.

6.8 Scottish Forestry – has no objection to the proposal.






TAYPLAN 2016 – 2036

7.2 Policy 1: Location Priorities - states that the principal settlements within the region have the potential to accommodate the majority of development in the region, and that the re-use of previously developed land and buildings should be priorities; Dundee's core area is identified as a Tier 1 principal settlement.

7.3 The proposed residential development is located on the northwest of the city which has an established residential character in Dundee. Whilst the site is Greenfield land it is within close proximity to residential properties on the east of Dalmahoy Drive.


7.5 Policy 2: Shaping Better Quality Places - Policy 2 seeks to deliver better quality and distinctive places through the arrangement, layout, design, density and mix of developments in the local design contexts with consideration for development to achieve lifetime communities, are accessible, resilient and resource efficient

7.6 The proposal is for a mix of 3 and 4 bedroom houses including semi-detached and detached dwellings providing choice and interest within the development. The proposed layout and vehicular routes are constrained due to the linear nature of the site however this is due to the areas of unutilised land being used for development in order to minimise the need for additional tree removal. The proposal includes areas of open space and landscaping throughout the development contributing to the wider green network within the area.


7.8 Policy 4: Homes - requires Local Development Plans to identify appropriate land to be allocated for housing to ensure a generous supply of effective housing sites. This includes provision of a mixture of sites to ensure an effective supply of housing which meet the needs of the region.

7.9 As well as allocated sites, TAYplan assumes that small and windfall sites would contribute towards the housing land requirement. As the site is not allocated in the LDP it is considered to be a windfall site however it would contribute to the mix of housing types, size and tenures in the local area and will contribute to the supply of housing available within the city and region.






7.11 Policy 1: High Quality Design and Placemaking – all development proposals should follow a design-led approach to sustainable, high quality placemaking. Development should contribute positively to the quality of the surrounding built and natural environment and should be planned and designed with reference to climate change mitigation and adaptation. The design and siting of development should respect the character and amenity of the place, create a sense of community and identity, enhance connectivity and incorporate creative approaches to urban design, landscaping and green infrastructure, appropriate to the local context and the scale and nature of the development. New development will be required to meet the six qualities of successful place in accordance with the guidance provided in Appendix 1.

7.12 The proposal is for 49 detached and semi-detached houses with 3 and 4 bedrooms. There are proposed to be 8 different house types finished in materials including dry dash render and grey concrete roof tiles with white UPVC windows. The finishes and the house types would contribute positively towards the quality and identity of the development. The proposed driveways are to be finished in charcoal and natural coloured concrete block paving. As well as timber feu and screen fencing within the site, it is proposed to plant new hedging, trees and shrubs as part of the landscaping plan which will contribute positively to the character of the new development. The boundaries of the residential plots would be set back from Dalmahoy Drive by at least 15m. A tree belt containing retained and new tree planting would also lie between the plots and Dalmahoy Drive.

7.13 A SUDS basin is proposed on the northwest of the site. It has been demonstrated that in principle there is an acceptable drainage solution for the site however conditions are recommended to secure further technical details of the drainage proposal.

7.14 With regard to Appendix 1, this states that the scale, nature and location of the development will determine the extent to which the six qualities are appropriate to the assessment process. Appendix 1 is assessed as follows:

Distinctive - A Design and Access Statement has been submitted which addresses the design, access and development concepts of the proposal. A mix of 1.75 and 2 storey houses are proposed and 8 different house types in total. The variety will contribute positively to and add interest to the development. It is proposed to retain existing trees as well as incorporate new landscaping within the development. The access road from Turnberry Road splits the site in two. Additionally an area of public open space splits the southern part of the site. This area can be accessed on foot from Dalmahoy Drive. New footpaths will be created along Turnberry Avenue and within the site. The proposal responds positively and sensitively to the character of the area as the density of development does not overdevelop the site and retains areas of open space and woodland which respect the landscape and open space surroundings.

Safe and Pleasant – the houses are contained within the centre of the site with trees and landscaping forming the outer boundaries. The site is bound by Dalmahoy Drive to the east where vehicle and pedestrian access will be taken. Within the site the driveways will be provided to the front and side of the houses. New footpaths will be created to provide access through the site and link the development to the surrounding area. There are to be areas of greenspace within the site and there are pedestrian links to the surrounding open space and Core Path network. These spaces will benefit from natural surveillance due to the location of windows on the proposed houses. The proposal will create a vibrant and attractive place.

Easy to Move Around and Beyond – new footpaths have been sensitively integrated into the proposed site layout to connect to the surrounding area. This provides access to open space out with the site, the Core Path network and public transport links as bus stops are located on



Dalmahoy Drive. Vehicle access is to be taken from the existing driveway access where the road will be realigned and widened. The proposal considers place and responds positively and sensitively to the needs of people.

Welcoming – the entrances proposed to be taken from Turnberry Avenue in to the north and south sections of the development would be landscaped. The majority of new footpaths through the site will be overlooked by the new houses offering natural surveillance and a safe and welcoming environment. The proposal positively promotes wayfinding and a sense of orientation.

Adaptable – this site is greenfield land which is underutilised by the golf course and is a lesser part of a wider area of open space and a lesser part of the Locally Important Nature Conservation site. The proposed houses will be a positive addition to the mix of houses in the residential area. Green space is to be incorporated within the development with links to the wider areas of open space.

Resource Efficient – an Energy Statement has been submitted. The proposal has been designed to include passive and operational energy efficiency measures to reduce heat loss and energy consumption. Materials, orientation and site layout, reduction in use of non-renewable resources and the use of energy efficient internal and external fittings have all been proposed. Green infrastructure will be retained and enhanced as part of the proposal.

7.15 The proposal meets the requirements of Appendix 1.

7.16 Policy 1 - the proposed residential development is for a range of types and sizes which will make a positive contribution to the residential neighbourhood in the northwest of the city. The design and layout has been sensitively considered to ensure that the amount of trees lost is minimised, mitigation measures will be implemented and compensatory planting proposed. The houses have been designed to provide variety and a good quality finish which will contribute positively to the character and appearance of the development. The proposal will be well connected and have green infrastructure.


7.18 Policy 2: Public Art Contribution – all developments in Dundee with construction costs of £1 million or over will be required to allocate at least 1% of construction costs for the inclusion of art projects in a publicly accessible/visible place or places within the development.

7.19 The proposal is a major application for 49 units on a site which measures 4.23ha. A scheme of public art has not been submitted as part of the application. Therefore it is recommended that the details and public art project is secured by condition.


7.21 Policy 9: Housing Land Release – priority will be given to the development of the allocated brownfield and greenfield sites. Housing land release on brownfield sites, in addition to the allocations set out in Appendix 3, may be acceptable where it can be demonstrated that it will improve the tenure mix in an area where existing choice is limited and would make a positive contribution to the regeneration objectives of the area.

7.22 The policy requires that priority is given to allocated sites. Whilst the site is not allocated and it is a greenfield site, it is recognised that due to the location of the site and the mix of property type that this windfall site will contribute positively to the tenure mix and housing supply within this part of the city and the wider area.




7.24 Policy 10: Design of New Housing – the design and layout of new housing developments in Dundee should be of a high quality and contribute to creating places that respect and enhance the distinct character and identity of the different parts of the city. All new housing developments should meet the six qualities of successful place, as set out in Policy 1 and should provide a balanced choice and type of housing. All new housing developments will be required to conform to the guidance on the Design of New Housing set out in Appendix 4. All new housing developments will need to ensure that the design and layout respects and enhances the character of adjoining properties and the surrounding area and does not have a detrimental impact on residential amenity and parking.

7.25 A Design and Access Statement has been submitted with the application which addresses the design, access principles and developments concepts of the proposal. The proposal is required to meet the suburban standards for houses set out in Appendix 4 which requires the following:

7.26 House Type – in general, 75% of houses should have 3 or more bedrooms or a minimum gross internal floor area of 100m2.

7.27 Response – the 49 houses proposed would comprise 30, 3 bed houses and 19, 4 bed houses. There would be no properties with less than 3 bedrooms. As such more than 75% of houses would have 3 or more bedrooms and therefore the proposal meets the standards.

7.28 Car Parking – all car parking should be located within the curtilage of each house. All tenures should have at least 1 space. Private houses with 3 bedrooms should have at least 2 spaces. Private houses with 4 or more bedrooms should have at least 3 spaces.

7.29 Response – the proposed in curtilage parking would be to the front or side of the proposed houses. All properties with 3 beds would have 2 parking spaces whilst all properties with 4 beds would have 3 parking spaces. In line with this requirement all car parking is within the curtilage of each house and the number of spaces meets the standards.

7.30 Cycle Provision - one secure, covered space per house must be provided unless a suitable garage or other secure area is provided within the curtilage of the house.

7.31 Response – the majority of properties have a garage where secure covered cycle storage can be provided. Where a garage is not proposed at 14 of the houses, a 1.2m x 2.4m external cycle store is proposed in the rear garden ground. A condition is recommended to ensure that the secure cycle storage is provided prior to the occupation of the house.

7.32 Amenity/Garden Ground - Greenfield sites will provide an average private useable garden ground of 160m2 per house with a minimum garden size of 120 m2.

7.33 Response – the application site is Greenfield land. All of the proposed gardens meet the minimum 120m2 requirement. The average private useable garden ground of the development is 160.3m2. In regards to the garden grounds being private, a 1.8m feu fence is proposed between the rear garden grounds which would provide screening between gardens. The proposal meets the standards.

7.34 Privacy - a minimum of 18 metres between the facing windows of habitable rooms.

7.35 Response – there are no existing houses within 18m of the site and there would be at least 18 metres between the windows of habitable rooms of the proposed housing. The proposal meets the privacy standards.



7.36 General Requirement - provision for waste and recycling should be provided in accordance with the Council’s waste management strategy.

7.37 Response – the site plan shows that every property will have a slabbed bin stance within the rear curtilage which can accommodate bin provision. Access from the rear curtilage to the street will be available. Provision can be achieved in accordance with the Council’s Waste Management Strategy.

7.38 General Requirement – parking areas should include provision for electric car charging points.

7.39 Response – all properties with a garage are to have an electric vehicle charging point within the garage itself. Plots without a garage are proposed to have an external charging point installed. It is recommended that a planning condition is used to agree details of the charging infrastructure and to ensure that these are installed.

7.40 The proposal meets Policy 10 and Appendix 4 standards, subject to conditions.

7.41 Policy 28: Protecting and Enhancing the Dundee Green Network – development proposals shall protect and enhance the Dundee Green Network by ensuring that development will not lead to the fragmentation of the existing network of green infrastructure. New development should contribute to the Dundee Green Network where appropriate and as determined by the Council, through the integration of green infrastructure in masterplans or development frameworks and the creation and/or improvement of green infrastructure within development sites or in the local area.

7.42 Development proposals that would result in a change of the use of a site identified on the Proposals Map as green infrastructure, including open space, allotments or Locally Important Nature Conservation Sites to anything other than a green infrastructure use should establish that the site no longer has a potential value as green infrastructure unless the Council are satisfied that:

1 the proposals are consistent with a masterplan, strategy or programme approved by the Council; or

2 compensatory green infrastructure of equal benefit and accessibility will be provided in or adjacent to the community most directly affected; or

3 proposals affect only a lesser part of the site and are ancillary to it or result in improved recreational or amenity value on the remainder of the site.

7.43 The proposal is a designated area of open space and Locally Important Nature Conservation Site as identified on the Local Development Plan Proposals Map. The policy requires that where there is a change of use of an identified area of open space or Locally Important Nature Conservation Sites, that at least 1 of the above 3 criteria is satisfied.

7.44 In terms of Criteria 3, the proposal affects only a lesser, unutilised part of the wider area of designated open space and nature conservation. The area designated as open space covers Downfield Golf Course, Ardler Woods, Sawmill Wood and Templeton Woods which all lie on the north side of Coupar Angus Road. The combined areas measure approximately 170ha. The application site forms part of this overall area and measures only 4.23ha or 2% of the total area.

7.45 To the south of Coupar Angus Road lies Camperdown Park which is also a designated area of open space and nature site. This area measures approximately 159ha.



7.46 Due to the above, the site is considered to be a lesser and subsidiary section which is located on the edge of the open space and nature conservation site. The Golf Club has entered into an agreement with Kirkwood Homes Limited to develop the application site. It is the Golf Club’s intention that any monies generated by the development will fund the refurbishment of the Club House and other course improvements. This will improve the recreational and potentially the amenity value of the golf course. As part of the development, access could still be gained to the open space and a footpath is proposed on the south of the site to connect to the Dundee Core Path Network. A condition is recommended to secure this.

7.47 Taking these points into consideration it is concluded that the proposal would not lead to the fragmentation of the existing network of green infrastructure.

7.48 Policy 28: Protecting and Enhancing the Dundee Green Network - also requires that proposals affecting outdoor sports facilities will be safeguarded from development except where:

1 the proposals affect only a minor part of the site or are ancillary to the principal use of the site as an outdoor sports facility and either improve or do not affect its use and potential for sport, training and amenity use; or

2 the facility which would be lost is to be replaced by a new or upgraded compensatory facility of equal benefit and accessibility in; or

3 adjacent to the community most directly affected; or

4 the proposals are consistent with the Dundee Physical Activity Strategy or Dundee Pitch Strategy and supported through consultation with Sportscotland.

7.49 The policy requires that where outdoor sports facilities will be affected, at least 1 of the 4 criteria above is satisfied.

7.50 The site is within the boundary of Downfield Golf Course which is an outdoor sports facility. However, in line with criterion 1, the proposal only affects a minor part of the site which is not used for play. The site is unutilised made-up land and as outlined within the Bellerby Economic Impact Assessment submitted with the application, the development is proposed in order to generate funds which would be used to upgrade the existing facilities at the club. This in turn would allow the course to remain up to the required standards to host prestigious tournaments and continue to contribute to the Dundee and Scottish economy. The outdoor sports facility would still be able to operate if planning permission were granted. SportScotland has not raised any concerns regarding the proposed development and note that the proposal will not affect any part of the golf course or practice area. It is concluded that the proposal would support the continued and increased use of the golf course.


7.52 Policy 30: Green Infrastructure Maintenance – the Council will apply planning conditions or Section 75 obligations to planning permissions to make suitable provision for the long-term maintenance of green infrastructure (including open space and landscaping associated with Sustainable Drainage Systems) in new housing developments, based on the following options:

1 green infrastructure will be adopted by the Council, subject to appropriate agreements with the developer over the landscaping scheme and annual maintenance, including payment of a commuted sum to cover annual maintenance costs; or



2 a developer may lay out the green infrastructure, transfer the land to a suitable third party, and either:

i pay a commuted sum to cover maintenance costs; or

ii hand over the maintenance costs to residents of the new development.

This latter option should be clearly set out in the sale agreement so residents agree to effectively share the cost of maintaining green infrastructure on an annual basis.

7.53 Within the site there will be areas adopted by the Council including verges and the proposed SUDS landscaped areas. Other areas of public open space and landscaping are proposed to be privately maintained by a factor. In order to secure this it is recommended that a condition is attached to any planning permission granted.


7.55 Policy 33: Local Nature Conservation Designations – development which could have a significant effect on the conservation interests associated with Local Nature Reserves, Locally Important Nature Conservation Sites or Wildlife Corridors will only be permitted where:

1 an ecological or similar assessment has been carried out which details the likely impacts of the proposal on the conservation interests of the designation;

2 any negative impacts identified are contained within the site and can be mitigated without affecting the integrity of the designated area; and

3 it has been demonstrated that there are no other suitable sites that could accommodate the development.

7.56 The proposal would affect a lesser part of the designated site. In terms of the impact on conservation interests, a Preliminary Ecological Assessment (PEA) has been submitted with the application. Its findings outline that the site comprises eight Phase 1 Habitat types including improved grassland, scrub and semi-natural woodland. The south eastern woodland is classified as native Upland Birchwood which is a UKBAP priority habitat. Woodland beyond and outwith the southern application site boundary features on the Ancient Woodland Inventory, Scotland. Invasive Non-Native Species were identified. No field evidence of protected or notable species was observed during the survey. There is suitable habitat for foraging, commuting and resting bats, red squirrel, badger, brown hare, hedgehog and a range of bird species. The report concludes that there are currently no further protected species survey requirements, dependent on the extent of tree removal further assessment of potential UKBAP habitats may be required. Good practice mitigation measures are outlined in the report.

7.57 In response to the 3 policy criteria outlined above:

1 The Preliminary Ecological Assessment submitted establishes an ecological baseline of the site and identifies any key ecological constraints. It details the likely impacts of the development. It outlines there are no statutory designated sites present on or adjacent to the site nor in the wider landscape that are ecologically connected to habitats on site. No field evidence of protected species was observed during the survey however there is suitable habitat for foraging, commuting and resting bats, red squirrel, badger, brown hare, hedgehog and a range of bird species.



2 The negative impacts identified are contained within the application site. The assessment outlines broad mitigation measures which include development seeking to retain and protect the Native Upland Birchwood and mature trees where possible, connectivity to woodlands in the surrounding area, removal of invasive non-native species, vegetation clearance to be between October and February and to carry out a pre-works check. The proposal affects a 4.23ha section of an approximately 170ha Locally Important Nature Conservation Site and with the proposed mitigation measures which are recommended to be secured by condition, the proposal would not affect the integrity of the designated area.

3 The site has been chosen sensitively given that it is on the edge of the designated area and an area has been chosen which would not affect the running of the outdoor sports facility. The location of the proposal affects a lesser part of the designated site. The development is linked to the Golf Club and is to support the generation of funds that would be used to refurbish the club itself. Therefore it is considered that the proposed development could not be accommodated at other sites.


7.59 Policy 35: Trees and Urban Woodland – the Council will support the establishment and enhancement of woodland, tree belts and corridors. New development must ensure the survival of woodland, hedgerows and individual trees, especially healthy mature trees, of nature conservation or landscape value through sensitive site layout both during and after construction, unless removal has been approved in advance by the Council. Where appropriate, development proposals must be accompanied by maintenance arrangements and justification for the removal of any trees or hedgerows.

7.60 As noted earlier in this report a number of trees were felled prior to the planning application being submitted and as this comprised unauthorised felling under the Forestry and Land Management (Scotland) Act 2018, Scottish Forestry have taken enforcement action against the Golf Club. It has been confirmed by the agent that trees were felled by the Golf Club as part of the club’s ongoing management of the area.

7.61 Scottish Forestry has advised that the Golf Club has agreed a replacement planting scheme requiring a total of 800 trees, of which 10% can be shrubs, to be planted as a replacement for the 119 trees that were illegally removed on an area of land immediately parallel to and outwith the west boundary of the application site.

7.62 This planning application is assessed on its own merits and is separate to the tree felling case as it is dealt with under a separate remit and legislation. Within the planning remit, tree felling only requires permission if the trees are within a Conservation Area or are protected by Tree Preservation Orders, neither of which apply in this instance. As such the Council has no statutory requirements to pursue action.

7.63 A Tree Protection and Removal Plan, a Tree Survey Report and a Justification Statement for Tree Removal has been submitted with the application. The Report recognises that there are Upland Birchwoods and broadleaved woodland which are recognised habitats. The Report outlines that 95 individual trees and four tree groups were surveyed for the proposed development. This is in addition to the trees which were felled prior to the submission of the application and which is being pursued by Scottish Forestry. The trees range from young to late-mature with a fair condition and 6 trees as unviable so are recommended to be felled. Mitigation measures are recommended which include retaining areas of Upland Birchwood where possible, ensuring protection of root protection areas and maintain, compensate and enhance habitat connectivity where possible.



7.64 The majority of areas where the houses are proposed to be built do not require tree removal. The proposal involves the removal of 35 individual trees and 2.0ha of trees from the four tree groups. This is in addition to those felled prior to the submission of the planning application. Only 1 Category A tree is proposed to be removed out of the full 95 trees which were surveyed. All four tree groups are Category “B” quality categorised. It is considered that the site layout has been designed to use areas of land within the site which are unused areas and has sought to maximise tree retention. The proposal includes compensatory planting and landscaping which would see 210 new trees planted within the site. This would be six times the number of individual trees removed. In addition, hedging and shrubs are proposed within the site. As part of the proposal tree protection measures are included to ensure the trees which are being retained are adequately protected during construction.

7.65 The compensatory planting would be in addition to the 800 trees to be replanted as required by Scottish Forestry.

7.66 It is considered that appropriate justification has been provided for the removal of the 35 trees plus 2ha from the four tree groups, and that appropriate maintenance arrangements are also proposed. Significant compensatory planting is proposed both within and outwith the application site which will establish a new tree belt and enhance the remaining areas of existing woodland. Conditions to ensure that a landscaping plan, replacement planting, mitigation measures and tree protection measures are secured is recommended.


7.68 Policy 36: Flood Risk Management – states that for Medium to High Risk Area there is a general presumption against:

a development on previously undeveloped land; and

b development of essential civil infrastructure, in high risk areas based on a 0.5% or greater annual probability of flooding (equivalent to a 1 in 200 year flood or greater) plus an additional allowance of 600mm. Other development may be acceptable where:

1 sufficient flood defences already exist, or a Flood Protection Scheme or flood defence, designed and constructed to a standard of 0.5% annual probability plus climate change allowance, will be in place prior to occupation of the proposed development;

2 those flood defences will be maintained for the lifetime of the development and will not increase the probability of flooding elsewhere;

3 the extent of development potentially affected by flooding is protected through the use of appropriate water resistant materials and construction; and

4 the finalised scheme does not result in a land use which is more vulnerable to flooding.

A flood risk assessment will be required for any development within the medium to high risk category.

7.69 A Flood Risk Assessment, Drainage Layout and Drainage Assessment have been submitted. The SEPA flood maps show that minor parts of application site are at risk of surface water flooding. SEPA have been consulted on the application and do not object to the proposal and expect Dundee City Council to undertake its responsibilities as the Flood Risk Management Authority.



7.70 With the exception of a short section of access road, the development will be outwith the functional flood plain of the Gelly Burn. The section of access road will be raised above the 1 in 200 year flood level. Compensatory storage will be provided to offset the floodwater to be displaced by land raising of the section of access road. Surface water, sewer and groundwater flooding are considered to be of low risk and sewers are designed to current design standards. Any flood risk to the development is to be mitigated by having the finished floor levels above surrounding ground level and to form the land so that any overland low is routed away from buildings.

7.71 It is recommended that conditions are used to ensure that the development is in accordance with the approved Flood Risk Assessment and the Dundee City Council Compliance and Independent Check Certification unless otherwise approved in writing with the Planning, in order to ensure that the proposal does not have a detrimental impact on the Gelly Burn.


7.73 Policy 37: Sustainable Drainage Systems - surface water discharging to the water environment from new development must be treated by a Sustainable Drainage System (SuDS) except for single houses or where discharge is to coastal waters. SuDS should be designed so that the water level during a 1:200 year rainstorm event plus allowances for climate change and future urban expansion is at least 600mm below finished floor levels. This incorporates an allowance for the effect of climate change. In addition, proposals will be encouraged to adopt an ecological approach to surface water management, ensure an appropriate level of treatment and exploit opportunities for the system to form an integral part of the Dundee Green Network through habitat creation or enhancement through measures such as the formulation of wetlands or ponds. Proposals should have no detrimental impact on the ecological quality of the water environment.

7.74 A Drainage Layout and Drainage Assessment have been submitted. A drainage scheme has been proposed which is for a SUDS basin in the northeast of the site. It has been demonstrated that an acceptable drainage solution can be achieved. Conditions are recommended to ensure that the drainage details as agreed are implemented in the interest of flood protection.

7.75 The proposed SUDS layout is acceptable and it is recommended that conditions are attached should planning permission be granted to ensure the drainage system is implemented in accordance with the approved details, unless otherwise agreed by the Planning Authority.


7.77 Policy 39: Environmental Protection – all new development or an extension to an existing development that would generate noise, vibration, odour, emissions to air, dust or light pollution will be required to demonstrate that it can be accommodated without an unsatisfactory level of disturbance on the surrounding area.

7.78 New development or an extension to an existing development in close proximity to existing sources of noise, vibration, odour, emissions to air, dust or light pollution will need to demonstrate that it can achieve a satisfactory level of amenity without impacting on viability of existing businesses or uses.

7.79 The Head of Community Safety and Protection has commented that there is potential noise disturbance to the future residents of the application from the adjacent golf course. Noise sources include use of the maintenance shed, club house, road traffic on the access route and associated activities of the golf course that use plant and equipment. Some activities are likely to occur at unsocial hours. The comments include a request for a noise impact assessment



to adequately characterise the existing noise environment and where necessary specify any mitigation measures that will protect the residential amenity of the future residents. It was noted that a new planning application for a driving range building next to the proposed houses and activities associated with this that required the use of plant and mechanised equipment eg ground-keeping and ball collecting may also be noisy and intrusive for future residents.

7.80 A Golf Club Operations Plan and “Relationship Between Driving Range and Proposed Housing” document have been submitted which demonstrates that the direction of the Golf Club maintenance vehicle movements is not towards the residential development. The driving range which is an existing operation is not flood lit and is only used during daytime hours. Ball collecting is only carried out twice a day and the driving range grass is cut 3 times a week.

7.81 The club house is located 146.8m to the west of the site. The function rooms of the club house are located on the west of the building which is the furthest away elevation from the nearest proposed residential properties. This west elevation of the club house is 162.6m away. The maintenance sheds on the site are 58.3m from the nearest proposed property and the access to these sheds is to be taken from the west elevation which is 84.8m away.

7.82 It is considered that the proposed development would not result in significant detrimental noise, vibration, odour, emissions to air, dust or light pollution. The potential sources of noise are not considered to be substantial noise generating uses.

7.83 Given the distances outline above, the existing tree belts and the proposed rear garden fencing and landscaping, it is considered that the proposed housing will not impact on the viability of the existing use. Additionally, there is adequate screening and distance to ensure the existing golf operations do not have a significant detrimental impact on the proposed houses and any properties would be purchased with the knowledge that an operational golf course is located directly to the west.


7.85 Policy 41: Land Contamination – development of potentially contaminated or statutorily identified contaminated land will be considered where:

1 a site investigation is submitted establishing the nature and extent of contamination; and

2 the Council is satisfied that remediation measures proposed for the development, adequately address contamination risks to all receptors, such that the land demonstrably does not meet the statutory definition of contaminated land and is suitable for the planned use.

7.86 A Geo-Environmental Desk Study Report has been submitted as part of the application. The Head of Community Safety and Protection has commented that conditions are recommended should planning permission be granted. These relate to the completion of the investigation and risk assessment details in the desk study and the submission and implementation of a remediation strategy.


7.88 Policy 44: Waste Management Requirements for Development - development proposals should demonstrate that they adequately address the Scottish Government's Zero Waste Policy and that sufficient provisions are made to maximise opportunities for waste reduction and waste separation at source and enable the separate collection of recyclable material as outlined in the Waste (Scotland) Regulations 2012.



7.89 A Waste Management Plan has been submitted. The proposed plan shows that provision for bins storage is made in the rear curtilage of the plots and an access path is available to the street. The Head of Neighbourhood Services has commented that the standard wheeled bin provision applies to all house types. It has been demonstrated that this can be accommodated and there is sufficient space for waste separation and the separate collection of recyclables available.


7.91 Policy 46: Delivery of Heat Networks - requires new development to consider the feasibility of meeting their heat demand through heat networks. A statement is required to be submitted with applications that are Major planning applications or are within locations identified within the Scotland’s Heat Map or the City’s Heat Strategy as close to significant heat supply or a planned heat network. Development layouts should be designed to be capable of connecting to a heat network or heat source and areas for pipe runs within the development should be safeguarded to enable future connectivity.

7.92 The application site lies out with the heat demand clusters of the Local Development Plan. The site is not within close proximity of the clusters with the closest being located at Ninewells. Given the time frame for the development and occupation of the proposed dwellings it is not possible/viable for the development to be linked to the emerging heat network. Notwithstanding this, consideration has been given to potential future links to a heat network which includes keeping space within footpaths and verges for possible future connections.

7.93 Consideration has been given to the viability of creating a heat network and a solution has been proposed for the development to connect in to any future offsite heat network.


7.95 Policy 48: Low and Zero Carbon Technology in New Development - proposals for all new buildings will be required to demonstrate that a proportion of the carbon emissions reduction standard set by Scottish Building Standards will be met through the installation and operation of low and zero carbon generating technologies. A statement will be required to be submitted with an application for planning permission to demonstrate compliance with this requirement.

7.96 An Energy Statement has been submitted with the application. It outlines that the proposal has been designed to include passive and operational energy efficiency measures to reduce heat loss and energy consumption. Materials, orientation and site layout, reduction in use of non-renewable resources and the use of energy efficient internal and external fittings have all been proposed. The statement conclude that the development as a whole will be bronze active due to its use of low carbon technologies. A full report will be submitted at the Building Control stage. .


7.98 Policy 54: Safe and Sustainable Transport - all development proposals* that generate travel should be designed to be well served by all modes of transport. In particular the sustainable modes of walking, cycling and public transport should be afforded priority and provide for easy access to local amenities, education facilities and other services.

7.99 Development proposals will be required to:









7 be supported by a travel plan to mitigate transport impacts and improve the accessibility of developments where the Council considers that the development will generate significant travel.

7.100 Walking and cycling routes should be fully useable prior to the first occupation of a new development.


7.101 A Transport Assessment and Road Safety Audit have been submitted. The findings of the Transport Assessment have been accepted. The Road Safety Audit has concluded that no general road safety issues, local alignment safety issues, junction road safety issues and no road signs, carriageway markings and lighting road safety problems have been identified.

7.102 In respect of the above Criteria 1-7:

1 The proposal would incorporate and be connected to existing footpath and core path networks. Bus stops are located within 200m of the site on Dalmahoy Drive and secure cycle storage is proposed for each plot. As such the proposal minimises the need to travel by private car.

2 Paths are proposed within the development to provide safe and convenient connections to the wider path network. It is noted that to connect to the DCC Core Path network to the south, a small section of the path falls out with the application site. This is not within the ownership of the applicant. A Grampian style planning condition is recommended to ensure that works do not commence unless the details are approved by the Council and thereafter this section of the path is completed. In this instance it would be disproportionate to apply a legal agreement for such a small element. Footpaths and roads would also link to Dalmahoy Drive. Bus routes can be accessed on Dalmahoy Road. Secure cycle parking is proposed for each plot in line with the Appendix 4 standards. Conditions are recommended to ensure that the roads, access, sustainable transport, pedestrian safety and access requirements are met prior to the first occupation of the development.

3 Footpaths will connect the site to Dalmahoy Drive where bus services are available within 400m walking distance of all parts of the development.



4 A Transport Assessment has been submitted as part of the application and the findings have been accepted. The roads leading to the site have capacity to cater for the proposed development. The proposed junction meets current visibility standards and the access meets current specification. Detailed design and roads information are recommended to be conditioned to ensure that the proposal meets Roads standards. A Roads Construction Consent is also required separately from DCC as Roads Authority.

5 With the aforementioned conditions to ensure that details are submitted to and agreed by the Council as Planning and Roads Authority, the proposal ensures that safe and adequate provision is made for road freight and waste access, loading and unloading.

6 The proposal meets DCC standards and conditions are recommended to ensure that details are submitted to and agreed by the Council as Planning and Roads Authority.

7 A condition is recommended to ensure that a Travel Plan is in place and agreed by the Council prior to the occupation of the first property.

7.103 It is considered that sustainable travel methods are included within the development. Bus stops are located within a 400m walking distance of the site and local amenities and education facilities are approximately 500m to the east of the edge of the site.


7.105 Policy 56: Parking – Developments Outwith the City Centre

a Vehicle Parking - all new developments shall be required to comply with Dundee City Council’s adopted guidance on road standards; with the national maximum parking standards; and the national minimum disabled parking standards. Residential developments should include infrastructure to provide electric car charging points, either through electrical connections adjacent to private driveways, or through infrastructure for the installation of charging points within communal car parking areas.

b Cycle Parking - all new developments should include cycle parking facilities in accordance with Dundee City Council’s adopted guidance on roads standards and the Appendix 4 design standards.

7.106 As outlined previously the proposal meets the Appendix 4 parking standards for residential development in suburban areas. Charging points for electric vehicles are proposed within every plot.

7.107 As outlined previously, as per Appendix 4 standards, the applicant has proposed that where secure cycle storage is not provided in the form of a garage, a secure timber cycle store will be provided within the rear garden. A condition is recommended to ensure that the cycle storage and electric vehicle charging points are installed prior to occupation and remain in perpetuity.


7.109 It is concluded that the proposal is in accordance with the Development Plan.




A – REPRESENTATIONS

7.111 In total 8 letters were received objecting to the proposal and 1 letter received neither objecting to nor supporting the proposal. Details of an online petition titled “Stop housing development on local conservation area” were submitted with the names and postcode details of 158 respondents. A handwritten petition titled “Petition against Planning for 49 houses at Downfield Golf Course” containing 35 valid signatures and postal addresses was also received. A separate list of 34 names and Dundee as the address was also submitted. Of these 227 petition signatories only 35 can be considered as valid.

7.112 The objections raised the following valid material grounds:


• inappropriate development in wooded conservation area;

• increased traffic;

• water supply;

• flooding/drainage;

• impact on wildlife and wildlife act;


• loss of green amenity space;

• residential amenity affected;

• residential design, density and layout;

• road and pedestrian safety, parking and access;

• contrary to local plan; and

• school capacity.

The grounds of objection are considered and assessed as follows:

7.113 Objection – Trees/Landscape Affected.

7.114 Response – the impact on the trees and landscape of the site is as assessed against Policy 35 of the LDP. It is considered that on balance the removal of the identified trees and the re-planting schedule are acceptable.

7.115 Objection – inappropriate development in wooded conservation area.



7.116 Response – as assessed against Policies 33 and 35, it is considered that the proposal affects a lesser part of the overall Locally Important Nature Conservation Site and designated Open Space and Green Network. The removal of the 35 trees plus 2ha from the four tree groups would be approved through this application and it is considered that the layout is sensitive to the existing planted areas and appropriate maintenance arrangements and justification for the removal of any trees has been submitted.

7.117 Objection – Increased Traffic

7.118 Response – the proposal is for 49 dwelling houses. It is recognised that there will be an increase in traffic as a result of the development. However, as assessed against Policy 54, a Transport Statement has been submitted and its findings accepted.

7.119 Objection – Water Supply

7.120 Response – the proposal is to connect to the existing public water and foul networks. In regards to this Scottish Water have been consulted and not objected. A formal application is required to be made separately to Scottish Water where the availability of capacity can be reviewed and advised.

7.121 Objection – Flooding/Drainage

7.122 Response – as outlined previously and as assessed against Policy 36 and 37, SEPA has no objection to the proposal and is satisfied that the small area of road to be formed on the floodplain will be raised and compensatory storage for displaced water will be provided. The Council’s Engineers have commented that an acceptable surface water drainage solution and Flood Risk Assessment have been submitted. Conditions are recommended to ensure that the proposal adequately addresses the approved and required drainage and flood management requirements. The hard surfaces within the curtilage of the proposed plots would be conditioned to ensure it is 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.

7.123 Objection – Impact on wildlife and Wildlife Act.

7.124 Response – a Preliminary Ecological Assessment was submitted with the application which establishes an ecological baseline and any key ecological constraints. The site itself and adjacent land does not have any statutory designations that are considered to be ecologically connected to the habitats on site. The site is located on the edge of the LINC. Whilst there is suitable habitat for species on site no field evidence of protected or notable species was observed. As such, broad mitigation is recommended which includes retaining and protecting Native Upland Birchwood and mature trees where possible, connecting woodland habitats to woodlands in the surrounding area where possible to maintain connectivity to habitats and carrying out a pre-works check prior to vegetation removal to avoid injury or death to any brown hare or hedgehog.

7.125 Objection – Detrimental to Environment

7.126 Response – as assessed against Policies 28, 33, 34 and 35 the proposal is acceptable and would not have a detrimental impact on the environment.

7.127 Objection – Loss of Green Amenity Space

7.128 Response – the application site is part of a wider area of open space which includes the golf course, Ardler Woods and Templeton Woods to the north, as well as Camperdown Park which



is to the south of the site and Coupar Angus Road. Overall only a small section of the open space would be lost as a result of the development.

7.129 Objection – Residential Amenity Affected

7.130 Response – the proposal is not located directly next to any residential properties. The closest residential properties are to the east of the site, on the east side of Dalmahoy Drive which are at least 20m away. Given the distance, the road which separates the site from residential properties and the trees/landscaping that would be on the east site boundary, it is not considered that there would be detrimental visual, privacy or noise amenity impact on neighbours.

7.131 Objection – Residential Design, Density and Layout

7.132 Response – there is variety between house types which positively contributes to the design of the development. The sizes and number of plots do not overdevelop the area and they layout has been influenced by the areas of land which are unused to minimise the need for additional tree felling. The design, density and layout has been assessed against Policies 1 and 10 of the Local Development Plan and is considered to comply.

7.133 Objection – Road and Pedestrian Safety, Parking and Access

7.134 Response – the proposal has been assessed against Policy 54. Subject to planning conditions the proposal will not have a detrimental impact on road and pedestrian safety and the access will meet roads standards. Separately approval is required in the form of a Roads Construction Consent by the Council as Roads Authority. The proposal meets the parking standard requirements in terms of Appendix 4 standards.

7.135 Objection – Contrary to Local Plan

7.136 Response – the assessment against the Local Development Plan is outlined above and the proposal is considered to comply with the Local Development Plan.

7.137 Objection – School Capacity

7.138 Response – the Councils Children and Families Service have been consulted and have advised that there is capacity within the local schools.

7.139 One letter of representation neither supporting or objecting to the proposal was received from Dundee Civic Trust raising the following valid material planning considerations:

• in a local environment near to existing community services and public transport;

• layout concerns; and

• increase size of SUDS area and use of shared surfaces.

7.140 The proposal is in keeping with the residential character of this part of the city and is within close proximity to local services and public transport in Ardler. The layout of the proposal has been planned to ensure that the amount of trees to be removed and impacted is kept to a minimum and areas of unused land are utilised. The proposed SUDS and roads surfaces have been assessed against the LDP and subject to further approval of the technical specification are considered to be appropriate in terms of size and general design.



7.141 The issues raised in the representations have been considered and addressed in the report and the grounds raised are not of sufficient weight to justify refusal of planning permission.


8 CONCLUSION

8.1 The application for 49 dwelling houses is in accordance with the Development Plan. There are no material considerations of sufficient weight that would justify refusal of planning permission. Therefore it is recommended that planning permission be granted subject to conditions.

9 RECOMMENDATION


1 Condition - development shall not begin until the investigation and risk assessment proposed in the submitted Stage I Desk Study are completed and a remediation strategy to deal with contamination risks at the site 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 order to ensure that any potential contamination of the site is dealt with appropriately in the interests of public and environmental safety.

2 Condition - 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 order to ensure that any potential contamination of the site is dealt with appropriately in the interests of public and environmental safety

3 Condition - 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



4 Condition – prior to the occupation of the first house, the secure cycle storage facilities as shown on drawings “Typical Bike Store” and “Parking Provision and Cycle Storage” be installed in accordance with the approved details. Reason – in the interest of ensure storage provision is made for sustainable transport.

5 Condition – prior to commencement of development, details of the proposed electric vehicle charging provision for each house shall be submitted to and approved in writing by the Council. The agreed provision shall be installed prior to the occupation of each dwelling. Reason – in the interest of promoting the use of sustainable travel measures.

6 Condition - prior to any works on site the following details shall be submitted to and approved in writing by the Council: a details of the wording on any temporary road signage; b details of additional signage along the temporary access route for construction traffic

to be aware of members of the public; c details of signage at the west end of the construction access to say either “No

Construction Traffic Beyond This Point” or “Access for golf course/marketing suite only”; and

d an indication of any construction accesses and how long they will be in place and if

the Phase 1 road, when constructed, will become the new access to the golf course/marketing suite with construction traffic continuing to use any temporary access.

Reason – in the interest of road safety where the access to the golf course and marketing suite is to be shared by construction traffic and members of the public.

7 Condition - prior to occupation of the first property a Resident’s Travel Plan must be in place and agreed with the Planning Authority and this shall be distributed to residents on occupation of each property. Reason – in the interests of promoting sustainable transport

8 Condition - 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.

9 Condition - no works in connection with the development hereby approved shall commence unless:

• a schedule of the proposed planting including species, plant sizes and proposed numbers and density;

• existing and proposed finish levels; and



• programme for implementation and completion of planting. are submitted to and approved in writing by the Planning Authority. Reason - to ensure the implementation and management of a satisfactory scheme of landscaping which will help to integrate the proposed development into the local landscape in the interests of the visual amenity of the area.

10 Condition - all soft and hard landscaping proposals shall be carried out in accordance with the approved Landscape Drawings, unless otherwise agreed in writing with the Planning Authority. Any planting which, within a period of 5 years from the completion of the development, in the opinion of the Planning Authority is dying, being severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted. Once provided, all hard landscaping works shall thereafter be permanently retained. Reason - to ensure the implementation and management of a satisfactory scheme of landscaping which will help to integrate the proposed development into the local landscape in the interests of the visual amenity of the area.

11 Condition - the recommended planting schedule, tree protection measures, management and maintenance plans shall be carried out in accordance with approved details shown on approved drawings “83 – Overall Landscape Drawing 1 of 4”, “84 – Part Landscape Drawing Part 2 of 4”, “85 – Part Landscape Drawing Part 3 of 4” and “86 – Part Landscape Drawing Part 4 of 4”, unless otherwise approved in writing by the Planning Authority. Reason - in order to ensure adequate protection for the trees and hedges on the site during the construction of development, and in the interests of the visual amenity of the area.

12 Condition - prior to the commencement of works, details of the footpath between the south of the site and the Core Path Network as shown on proposed drawing “Site Layout Plan” shall be submitted to and approved by the Planning Authority. Thereafter, the footpath shall be constructed in accordance with the approved details prior to the occupation of the first house. Reason - to ensure that all parts of the development protects and enhances the green infrastructure and in the interests of improving connectivity between green infrastructure.

13 Condition - prior to the commencement of any works on site, a site waste management plan shall be submitted to and approved in writing by the Council. This shall contain details of how site waste will be controlled during the construction and operation of the development. Thereafter, the waste management plan approved by virtue of this condition shall be implemented in full within the development hereby approved. Reason – in the interests of sustainable waste management.

14 Condition – prior to the commencement of any work on site, maintenance responsibilities along with a maintenance schedule for all communal/shared areas, including the woodland within the north of the site, 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 - to ensure that the proposed development has a satisfactory external appearance in the interests of the environmental quality and visual amenities of the area.



15 Condition – the recommended mitigation measures laid out in section 4.3 within the Preliminary Ecological Appraisal dated October 2019 by EnviroCentre Limited shall be fully implemented as part of the development. Reason - in order to ensure the site is developed with due regard to any species on site.

16 Condition – the recommended mitigation measures laid out in Section 4.1, 4.2, 4.3, 4.4 and 4.5 within the Tree Survey Report dated October 2019 by EnviroCentre Limited shall be fully implemented as part of the development. Reason - in order to ensure the site is developed with due regard and protection of trees and landscape.

17 Condition – the 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, evidence of compliance with the Simple Index Approach as described in section 26.7.1 of the CIRIA SUDS Manual (C753), shall be completed in accordance with the docketed file “129134 UPDATED DRAINAGE PACKAGE 120320” and “DRAWING NO 129134-2250- REV F - Cut Off Drainage Layout.pdf”, unless otherwise agreed by the Planning Authority. All surface water drainage/SUDS design works approved shall be carried out prior to the first occupation of the development hereby approved. Reason - in the interests of flood protection.

18 Condition – 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.

19 Condition – the maintenance responsibilities and maintenance schedule for the surface water drainage system/SUDS features hereby approved shall be carried out in accordance with the approved future maintenance proposals as included in Drainage Assessment Issue 6 dated 12 March 2020. All works approved by virtue of this condition shall be carried out in perpetuity. Reason - in the interests of prevention and visual amenity.

20 Condition – the drainage scheme as approved by Scottish Water in their docketed letter dated 3 April 2020 shall be implemented, unless otherwise approved in writing by Scottish Water and the Planning Authority. Reason - in the interests of flood protection.



21 Condition – the recommendations/conclusion/ requirements stated in the Fairhurst Flood Risk Assessment Revision 5 dated 11 March 2020 hereby approved, shall be implemented, unless otherwise agreed in writing by Planning Authority. Reason - in the interests of flood protection.

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 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 [email protected].

http://www.dundeecity.gov.uk/a2z/constructionconsent


Application No 19/00908/FULL Item 3 Page 58

Dundee City Council Planning Committee 16 March 2020

Ward Lochee

Address

Unit A1 Kingsway West Retail Park 467 Clepington Road Dundee Applicant

Kingsway West SARL Agent

CBRE Ltd Registered 29 Dec 2019


Contact: Claire Myles

SUMMARY OF REPORT

• Planning permission is sought for a change of use of Unit A1 in the Kingsway West Retail Park from retail (Class 1) to an adventure play and activity centre (Class 11) with an ancillary café and dining area.

• The application is in accordance with the Development Plan.

• The statutory neighbour notification process was undertaken and the application advertised in the local press. One invalid letter of objection has been received.

• In accordance with Dundee City Council's scheme of delegation, this application is to be determined by the Planning Committee at the request of the Head of Planning & Economic Development as there is an associated application to modify a Section 50 Agreement (20/00020/MDPO) which under the Council’s Scheme of Delegation is required to be determined by the Planning Committee.

• More details can be found at http://idoxwam.dundeecity.gov.uk/idoxpa-web/applicationDetails.do?keyVal=Q1IL00GCG6J00&activeTab=summary

RECOMMENDATION

The proposal is in accordance with the Development Plan. There are no material considerations of sufficient weight to justify refusal of planning permission. It is therefore recommended that planning permission be APPROVED subject to conditions.

KEY INFORMATION

Change of Use From Retail (class 1) to an Adventure Play and Activity Centre (Class 11) With Ancillary Café

and Dining Area

http://idoxwam.dundeecity.gov.uk/idoxpa-web/applicationDetails.do?keyVal=Q1IL00GCG6J00&activeTab=summary

http://idoxwam.dundeecity.gov.uk/idoxpa-web/applicationDetails.do?keyVal=Q1IL00GCG6J00&activeTab=summary

Application No 19/00908/FULL Page 59



1.1 The application site, Unit A1, is located in the north-west corner of the Kingsway West Retail Park immediately adjacent to the A90 Kingsway West.

1.2 Planning permission is sought for a change of use of Unit A1 in the Kingsway West Retail Park from retail (Class 1) to an adventure play and activity centre (Class 11) with an ancillary cafe and dining area.

1.3 The proposal is for the building to accommodate a wide range of indoor family activities to suit a mix of ages and abilities under one roof. The proposed activities include a soft play area, bowling, trampolines, adventure golf, climbing wall, high ropes, sky rider indoor coaster track and spin zone bumper cars.

1.4 The supporting statement notes that the indoor layout and activities are indicative only to allow for flexibility and to adapt to customer demand.

1.5 The proposed operating hours are anticipated to be Monday to Saturday 0800-2200 hours and Sunday 1000-2000 hours. The Planning Statement notes this would be in line with other businesses in the retail park and also similar facilities in the city.


• Planning & Sequential Assessment; and

• Transport Statement.

Application No 19/00908/FULL


Figure 1 – Proposed Floor Plan (Indicative)



Figure 2 – Proposed Elevations



2 SITE DESCRIPTION

2.1 The application site, Unit A1, is located in the north-west corner of the Kingsway West Retail Park immediately adjacent to the A90 Kingsway West.

2.2 The footprint of Unit A1 is 3,852m2 and this is split between the ground floor (3,223.2m2) and mezzanine level (628.8m2).

2.3 The unit was formerly occupied by Toys R Us and has been vacant since April 2018.

2.4 The Kingsway West Retail Park includes approximately 22 non-food retail units, restaurant and drive through outlets. A Tesco Extra is located in the north-east of the retail park.

2.5 The retail park is located to the immediate south of the A90 Kingsway West. To the west is Clepington Road and to the south and east of the wider retail park are residential properties.

Figure 3 – Photo of Existing Front Elevation



3 POLICY BACKGROUND


SCOTTISH PLANNING POLICY

Scottish Planning Policy (2014) states development plans should adopt a sequential town centre first approach when planning for uses which generate significant footfall, including retail and commercial leisure uses, offices, community and cultural facilities and, where appropriate, other public buildings such as libraries, and education and healthcare facilities.

This requires that locations are considered in the following order of preference:

• town centres (including city centres and local centres);

• edge of town centre;

• other commercial centres identified in the development plan; and

• out-of-centre locations that are, or can be, made easily accessible by a choice of transport modes.

Planning authorities, developers, owners and occupiers should be flexible and realistic in applying the sequential approach, to ensure that different uses are developed in the most appropriate locations. It is important that community, education and healthcare facilities are located where they are easily accessible to the communities that they are intended to serve.

Out-of-centre locations should only be considered for uses which generate significant footfall where:

• all town centre, edge of town centre and other commercial centre options have been assessed and discounted as unsuitable or unavailable;

• the scale of development proposed is appropriate, and it has been shown that the proposal cannot reasonably be altered or reduced in scale to allow it to be accommodated at a sequentially preferable location;

• the proposal will help to meet qualitative or quantitative deficiencies; and

• there will be no significant adverse effect on the vitality and viability of existing town centres.

TAYPlan 2016-2036 Policy 5: Town Centres First

DUNDEE LOCAL DEVELOPMENT PLAN 2019 Policy 7: Tourism and Leisure Developments Policy 24: Goods Range and Unit Size Restrictions Policy 54: Safe and Sustainable Transport Policy 56: Parking




4 SITE HISTORY

4.1 D/12001 granted permission for the demolition of existing buildings and construction of non-food retail stores, fast food takeaway and parking. Planning permission was granted subject to the completion of a Section 50 Agreement. Upon completion of the Section 50 Agreement, permission was issued on 7 September 1987.

4.2 Advertisement Consent (04/00208/FUL) for the erection of an illuminated sign was allowed at appeal.

4.3 Advertisement Consent (10/00720/ADV) for the erection of signage was allowed at appeal.

4.4 Advertisement Consent (11/00682/ADV) for a fascia sign was dismissed at appeal.

4.5 Planning permission (13/00404/MDPO) for the proposed modification of Legal Agreement associated with planning application reference D/12001 to permit clothing and footwear to be sold from not more than 1,300m2 of the sales area of Unit 3 was dismissed at appeal.

4.6 Planning Permission (20/00020/MDPO) for the modification of Section 50 Agreement to include additional use inserted under Schedule II of the Minute of Agreement (relating to planning application 19/00908/FULL) is with the Planning Committee for determination as per the Council’s Scheme of Delegation.



5.2 No valid objections have been received.

5.3 One invalid letter of objection was received in relation to the commercial market and competition between businesses. However, this is not a valid material planning consideration.

6 CONSULTATIONS

6.1 Transport Scotland – has been consulted has no objection to the application.

6.2 Head of Community Safety and Protection – has been consulted on noise matters and has confirmed that there are no issues arising.






TAYPLAN 2016 – 2036

7.2 Policy 5: Town Centres First - this policy requires Local Development Plans to identify a network of centres based on the sequential priority from Scottish Planning Policy. Planning decisions for land uses that generate significant footfall should be based on the Scottish Planning Policy sequential town centre first approach to protect and enhance the vitality, viability and vibrancy of city/town centres.

7.3 In accordance with Scottish Planning Policy and the Strategic Development Plan’s “town centre first approach” the City Centre and District Centres are the preferred locations for uses that generate significant footfall, including retail and commercial leisure uses, offices, community and cultural facilities and, where appropriate, other public buildings such as libraries, and education and healthcare facilities.

7.4 Proposals for such uses in other locations will only be acceptable where it can be established that no site is available, in the first instance, within the City Centre or District Centres then, edge of town centre and then, Commercial Centres identified in the Local Development Plan, and then out-of-centre locations that are, or can be, made easily accessible by a choice of transport modes.

7.5 The proposal is for a commercial leisure use within the Kingsway West Retail Park, a commercial centre identified in the Dundee Local Development Plan 2019. As the proposal would generate significant footfall a sequential assessment has been undertaken by the applicant’s agent. This has not identified any sequentially preferable opportunities in the City Centre or District Centres or the edge of town centre.

7.6 The location within the commercial centre is sequentially preferable to an out-of-centre location and the proposal is therefore in accordance with Policy 5.


7.7 Policy 7: Tourism and Leisure Developments – b) Leisure Developments – this states that proposals for major leisure uses will be directed firstly towards the City Centre and the District Centres followed by the existing leisure parks at Douglasfield and Camperdown and to The Stack to support its continued redevelopment. Proposals for leisure developments outwith these locations will only be acceptable where it can be established that:

1 no suitable site is available, within and thereafter on the edge of the City Centre or District Centre or within the existing leisure parks;

2 individually or cumulatively it would not prejudice the vitality or viability of the City Centre or District Centres;




3 the site is readily accessible by modes of transport other than the car; and

4 activity-specific issues indicate that this is impractical.

7.8 The proposal is for a major leisure use. The supporting document states that the size of the unit and internal heights required are dictated by the proposed concept for a number of different leisure uses within a single unit. The 6m floor to ceiling height offered by a traditional retail warehouse is required for a high ropes adventure course, the indoor sky fly, the roller glider and the height required above the trampoline foam pits.

7.9 The prospective building must therefore fulfil a unique set of requirements which comprise:

• the building should be a minimum of 3,500m2 and up to 4,000m2;

• the building should have a minimum eaves height of 6m;

• there should be good transport links to the site and parking facilities; and

• the site should provide a purpose-built warehouse.

In respect of the policy criteria above:

7.10 Criteria 1 – the Supporting Planning Statement includes a sequential assessment for a building to meet the requirements outlined above. This concluded that there are no suitable buildings in the City Centre and District Centres or Leisure Parks. The sequential assessment considers the vacant sites and confirms that it is not feasible to build a purpose-built warehouse unit of the scale required. It notes that the intended occupier has explored other options including a consented proposal to convert the Dens Road Market (17/00391/FULL). However the costs for this project were far greater than envisaged due to the complexities of the structure for this type and height of building. The application site not only provides a suitable unit but also a location in which the associated infrastructure such as access, transport links and car parking are in place.

7.11 Response – the Local Development Plan (paragraph 7.20), in line with Scottish Planning Policy, recognises that a flexible and realistic approach is required in applying the sequential approach to ensure that different uses are developed in the most appropriate locations. As outlined in the supporting statement the scale of the building required is dictated by the unique nature of the proposal to house a wide range of activities in one unit. The sequential assessment confirms the limited availability of vacant units and sites for a new build unit of the scale required in the City Centre and District Centres and Leisure Parks. It is noted that the costs of new build would be prohibitive and render the project unviable. The outcome of the sequential assessment is accepted. The proposal would bring a large vacant unit back into use within a sequentially preferable location identified in the Local Development Plan and in line with Scottish Planning Policy’s “Town Centre First Principle”. The proposal meets the requirements of Criterion 1.

7.12 Criteria 2 – the Supporting Planning Statement considers that the proposed use is not a competing retail use or a use you would typically find in a city centre or district centre and as such this would result in less impact on the vitality or viability of these sequentially preferable centres. Kingsway West is restricted to predominantly bulky goods through existing legal agreements and protective policies in the Local Development Plan. Any user of the activity centre who chooses to link their trip within the retail park is likely to be shopping for a category of goods which is not available in the City Centre or District Centres. Kingsway West is a commercial centre and a sequentially preferable location in the Local Development Plan after the City Centre and District Centres and the edge of town centre. The proposal would bring a



vacant unit back into use in a sequentially preferable location and create a complementary use for the wider site.

7.13 Response – the application site is in an established retail park. The proposed use is in a location and of a scale which would not significantly alter the existing pattern of footfall in the area. It would not therefore individually or cumulatively prejudice the vitality or viability of the City Centre or District Centres. The proposal meets the requirements of Criterion 2.

7.14 Criteria 3 – the Transport Assessment highlights that the site is within an established retail park which is well connected to existing adopted footways, leading onto Clepington Road and King’s Cross Road to the west; on and off-road cycle paths and is well served by public transport with bus stops located within 400 metres of the site.

7.15 Response – the Transport Assessment demonstrates that the application site is easily accessible by a choice of sustainable transport modes. This is an established retail park with good links to the surrounding area. The proposal meets the requirements of Criterion 3.

7.16 Criteria 4 – the Supporting Planning Statement outlines the concept proposed for a number and type of different leisure uses in one building. The sequential search was based upon a search for a warehouse type unit which exceeds 3,500m2 and has an eaves height of at least 6m, to accommodate the proposed occupiers’ requirements. The activity-specific issues of the proposed occupier make any more sequentially preferable sites which are available, impractical. The supporting statement confirms that it is not feasible to build a purpose-built warehouse unit.

7.17 Response - the Supporting Planning Statement outlines the unique concept to accommodate a range of activities under one roof and create a safe environment for play for a wide range of ages and abilities. It sets out the requirements for a large warehouse type building. It has been demonstrated that activity-specific issues dictate the scale and type of building required and it would be impractical for this to be located in the City Centre and District Centres. The sequential assessment demonstrates that there are no sequentially preferable sites in the City Centre and District Centres or Leisure Parks. The proposal meets the requirements of Criterion 4.


7.19 Policy 24: Goods Ranges and Unit Sizes Restrictions - Commercial Centres – states the Commercial Centres at Kingsway East Retail Park, Kingsway West Retail Park, Gallagher Retail Park and The Stack Leisure & Retail Park shall be subject to the goods range and unit size restrictions set out in Appendix 6 of the Local Development Plan.

7.20 In relation to the proposal, the goods range restrictions set out in Appendix 6 do not apply. Appendix 6 states that “No units with a gross floorspace of less than 1,000m2 shall be created within any of the commercial centres through the development of new units; the subdivision of a unit; or the occupation by more than one retailer.”

7.21 In order to protect the established network of town centres it is recommended that should members be minded to approve the application a condition is attached to any planning permission granted to control the subdivision and occupiers of Unit A1 in line with Appendix 6 of the Local Development Plan.

7.22 The proposal is in accordance with Policy 24, subject to condition.

7.23 Policy 54: Safe and Sustainable Transport – states that all development proposals* that generate travel should be designed to be well served by all modes of transport. In particular



the sustainable modes of walking, cycling and public transport should be afforded priority and provide for easy access to local amenities, education facilities and other services.

Development proposals will be required to:







7 be supported by a travel plan to mitigate transport impacts and improve the accessibility of developments where the council considers that the development will generate significant travel.

Walking and cycling routes should be fully useable prior to the first occupation of a new development.


7.24 A Transport Statement has been submitted. In respect of Criteria 1-3 above, the Transport Statement highlights that the site is within an established retail park which is well connected to existing adopted footways; on and off-road cycle paths and is well served by public transport with bus stops located within 400 metres of the site. The Local Development Plan highlights that the retail park is very accessible to Dundee residents and others by their location on the Kingsway trunk road (paragraph 7.38).

7.25 In respect of Criteria 4-7, the Transport Assessment demonstrates that the proposal would not have a detrimental impact on the surrounding road network and there is adequate provision for road freight and waste access, loading and unloading as this is an established retail park.

7.26 The findings of the Transport Assessment are accepted.


7.28 Policy 56: Parking - Developments Outwith City Centre - Vehicle Parking - this states all new developments shall be required to comply with Dundee City Council’s adopted guidance on road standards; with the national maximum parking standards; and the national minimum disabled parking standards. All parking facilities at commercial developments should include the provision of charging stations for electric vehicles.



7.29 The Supporting Planning Statement confirms that a number of electric vehicle charging points will be installed in proximity to the unit.

7.30 In order to secure the installation of a number of electric vehicle charging points as part of the development it is recommended that should members be minded to approve the application a condition is attached to any planning permission granted.


7.32 It is concluded that the proposal is in accordance with the Development Plan.


A - SUPPORTING INFORMATION

7.34 The Supporting Planning Statement outlines the social and economic benefits of the proposed development. This includes £800,000 investment in both Kingsway West Retail Park and the wider City’s leisure offer. The economic benefits to the area would also include increased footfall to Dundee and the retail park from surrounding areas as there is no other family orientated, multi-activity park in Scotland like this proposed.

7.35 The occupier has identified that the proposal will create 35-40 direct full-time jobs and 8-10 indirect jobs. The occupier has committed that all roles would be advertised and recruited locally. All staff working at the family activity centre will be paid a living wage. The occupier will seek the Living Wage employer mark given to Scottish employers as a symbol of responsible business practice.

7.36 The centre will be a unique collection of indoor activities and adventure attractions. The activity-based nature of the centre lends itself to promoting healthy, fun exercise at the same time as bringing families together.

7.37 It highlights that the uses would not compete with existing facilities, but simply complement the range and choice of activities available to both residents and visitors.

7.38 The development proposals would ensure that Kingsway West Retail Park remains competitive at a time when the retail market is facing considerable pressure and retail occupiers for such large units are limited. These proposals will ensure that the park continues to adapt to the existing market and economic climate.

7.39 The main problem with the unit from a marketing perspective is its large size which is only suitable for a limited selection of occupiers. The alternative to letting the whole unit, would be to reconfigure the unit, however, this would result in significant and prohibitive capital expenditure being required. Furthermore, this would only serve to create several smaller retail units, of which there are already four vacant units on the park which are currently being marketed.

7.40 The Planning Statement considers the proposals are fully policy compliant and have significant material considerations which support their approval.



Response

7.41 The application site was formerly occupied by Toys R Us and has been vacant since April 2018 with the loss of 20-25 full time jobs. As noted in the Planning Statement the proposal would offset the jobs lost from the closure of the retail unit.

7.42 The Local Development Plan (paragraph 7.19), considers that being within a commercial centre the application site is within a sequentially preferable location in line with Scottish Planning Policy’s “Town Centre First Principle”. New and expanded uses will only be permitted when the uses support the role and function of the Commercial Centre (paragraph 7.21). It is recognised that the proposed use would support the commercial centre to ensure it continues to provide a valuable and accessible service to residents.

7.43 In order to ensure commercial centres do not jeopardise the vitality and viability of the city Centre and District Centres they are subject to special goods range restrictions and related controls limit the amount of floor space that can be given to over to non-food goods and the size of the unit.

7.44 The Local Development Plan highlights that creating small units within a retail park environment could draw High Street retailers and other businesses away from the City Centre and District Centres with damaging effects on their footfall, vitality and viability (paragraph 7.42). Any proposed reconfiguration of the unit would be restricted by Policy 24 (Goods Range Restrictions) and Appendix 6.

7.45 As outlined previously in the report, in order to protect the network of established town centres, it is recommended that a condition is attached to any planning permission granted to ensure the application site, Unit A1 Kingsway West Retail Park, is not subdivided or occupied by any more than one occupier without the formal written approval of the Council.

7.46 The proposal would bring back into use a large, highly visible, vacant unit within an established retail park and create a complementary use for the wider site. The proposed use is in a location and of a scale which would not significantly alter the existing pattern of footfall in the area. It would not therefore individually or cumulatively prejudice the vitality or viability of the City Centre or District Centres.

7.47 A separate application has been submitted to modify a Section 50 agreement to restrict the proposed leisure use in Unit A1 of Kingsway West Retail Park only to an adventure and activity centre and no other Class 11 use (20/00020/MDPO) should members be minded to approve this application.

7.48 There are material considerations of sufficient weight to further justify approval of planning permission.


8 CONCLUSION

8.1 The application for a change of use from retail (Class 1) to an adventure play and activity centre (Class 11) with an ancillary café and dining area is in accordance with the Development Plan. There are no material considerations of sufficient weight that would justify refusal of planning permission. Therefore it is recommended that planning permission be granted subject to conditions.



9 RECOMMENDATION


1 Condition - Appendix 6 of the Local Development Plan 2019 states that no units with a gross floorspace of less than 1,000m2 shall be created within any of the commercial centres through the development of new units; the subdivision of a unit; or the occupation by more than one retailer. This shall apply to the application site, Unit A1 of the Kingsway Retail Park, whereby the unit shall not be subdivided or have more than one occupier without the formal written approval of the Council. Reason – to protect the established network of town centres in accordance with the Local Development Plan.

2 Condition - Electric vehicle charging points shall be provided at a location and number to be approved in writing by the Council prior to the opening of the development. Reason - in the interests of securing sustainable transport measures as part of the development.

Application No 20/00020/MDPO Item 4 Page 72


Ward Lochee

Address

Unit A1 Kingsway West Retail Park 467 Clepington Road Dundee Applicant

Kingsway West SARL Agent

Shepherd and Wedderburn Registered 13 Jan 2020


Contact: Claire Myles

SUMMARY OF REPORT

• The application is for the modification of a S50 Agreement to include an additional use under Schedule II of the Minute of Agreement relating to land at Kingsway West Retail Park.

• The additional use is for an adventure play and activity centre relating to planning application 19/00908/FULL.

• The proposal satisfies the requirements of Circular 3/2012: Planning Obligations and Good Neighbour Agreements in terms of the modification of Planning Obligations.

• In accordance with Dundee City Council's scheme of delegation, this application is to be determined by the Planning Committee.

• More details can be found at: http://idoxwam.dundeecity.gov.uk/idoxpa-web/simpleSearchResults.do?action=firstPage

RECOMMENDATION

It is recommended that this application be APPROVED and the S50 Planning Obligation shall have effect subject to the modifications specified in the application.

KEY INFORMATION

Modification of S50 Agreement Relating to Land at Kingsway West Retail Park to Include an Additional Use

Under Schedule II of The Minute of Agreement



Application No 20/00020/MDPO Page 73



1.1 The proposal relates to planning permission D/12001 for demolition of existing buildings and construction of non-food retail stores, fast food takeaway and parking. Planning permission was granted subject to the completion of a Section 50 Agreement. Upon completion of the Section 50 Agreement, planning permission was issued on 7 September 1987.

1.2 The Section 50 was entered into between (1) The Tayside Regional Council (now Dundee City Council) and (2) The Scottish Metropolitan Property Plc dated 18 and 23 June 1987 and recorded in the General Register of Sasines for the County of Angus on 26 June 1987.

1.3 The purpose of the Section 50 Agreement is to restrict the range of goods and the floor space of the proposed retail stores at Kingsway West Retail Park as approved by planning application ref: D/12001.

1.4 The Applicant seeks a modification of the Minute of Agreement to insert an additional use, authorised by planning application 19/00908/FULL, under Schedule II of the Minute of Agreement as follows:

“(e) The use authorised by planning application 19/00908/FULL (and only this use and without prejudice to the foregoing generality no other use within Class 11 of the Town and County Planning (Use Classes) (Scotland) order 1997) shall be permitted in Unit A1 only and no other units on the said land bound by this Agreement, which Unit A1 is outlined in red and marked “UNIT A1” on the Unit A1 Plan. Unit A1 Plan in this clause means the plan referred to as the Unit A1 Plan annexed and executed as relative hereto.”

1.5 Members should note that the current terminology for Section 50 Agreements and S75 Agreements is "Planning Obligation" and this report will use the current terminology hereafter.


• Minute of Agreement;

• Paper Apart (additional information); and

• Planning Statement and Sequential Assessment (19/00908/FULL).

Application No 20/00020/MDPO


Figure 1 – Section 50 Agreement Subjects



2 SITE DESCRIPTION

2.1 The application relates to Unit A1 which is located in the north-west corner of the Kingsway West Retail Park and is immediately adjacent to the A90 Kingsway West.

2.2 The footprint of Unit A1 is 3852m2 and this is split between the ground floor (3223.2m2) and mezzanine level (628.8m2).

2.3 The unit was formerly occupied by Toys R Us and has been vacant since April 2018.

2.4 The Kingsway West Retail Park includes approximately 22 non-food retail units, restaurant and drive through outlets. A Tesco Extra is located in the north-east of the retail park.

2.5 The retail park is located to the immediate south of the A90 Kingsway West. To the west is Clepington Road and to the south and east of the wider retail park are residential properties.

Figure 2 – Photo of Unit A1



3 POLICY BACKGROUND


TAYPlan 2016-2036 Policy 5: Town Centres First

DUNDEE LOCAL DEVELOPMENT PLAN 2019 Policy 7: Tourism and Leisure Developments Policy 54: Safe and Sustainable Transport Policy 56: Parking SCOTTISH PLANNING POLICY, PLANNING ADVICE NOTICES AND CIRCULARS

Circular 3/2012: Planning Obligations and Good Neighbour Agreements


4 SITE HISTORY

4.1 Planning permission D/12001 granted permission for the demolition of existing buildings and construction of non-food retail stores, fast food takeaway and parking. Planning permission was granted subject to the completion of a Section 50 Agreement. Upon completion of the Section 50 Agreement, permission was issued on 7 September 1987.

4.2 Advertisement Consent (04/00208/FUL) for the erection of an illuminated sign was allowed at appeal.

4.3 Advertisement Consent (10/00720/ADV) for the erection of signage was allowed at appeal.

4.4 Advertisement Consent (11/00682/ADV) for a fascia sign was dismissed at appeal.

4.5 Planning permission (13/00404/MDPO) for the proposed modification of Legal Agreement associated with planning application reference D/12001 to permit clothing and footwear to be sold from not more than 1300m2 of the sales area of unit 3 was dismissed at appeal.

4.6 Planning application (19/00908/FULL) for the change of use from retail (Class 1) to an adventure play and activity centre (Class 11) with ancillary café and dining area is with the Planning Committee for determination.


5.1 This is not a planning application and does not require to be notified to neighbouring properties.

5.2 In accordance with Regulation 5 of the Town and Country Planning (Modification and Discharge of Planning Obligations) (Scotland) Regulations 2010 this Department has notified the parties with an interest in the S50 Obligation identified by the applicant.

5.3 No objections or representations have been received from these interested parties.



5.4 One letter of support has been received from Dundee Civic Trust. This states ‘it is likely that there will be a number of vacancies such as here occurring in the future, given trends in retailing, and it seems unlikely that there will be a demand for a use which accords with the current permission and restrictions. However, this proposal is a reasonable alternative in the circumstances, and the Trust wishes to lend its support to this proposal.’

6 CONSULTATIONS

6.1 No party has been consulted on the application. This is in accordance the Town and Country Planning (Modification and Discharge of Planning Obligations) (Scotland) Regulations 2010.


APPLICANT’S CASE 7.1 The proposal relates to planning permission D/12001 for demolition of existing buildings and

construction of non-food retail stores, fast food takeaway and parking. Planning permission was granted subject to the completion of a planning obligation. Upon completion of the planning obligation, permission was issued on 7 September 1987.

7.2 The planning obligation was entered into between (1) The Tayside Regional Council (now Dundee City Council) and (2) The Scottish Metropolitan Property Plc dated 18 and 23 June 1987 and recorded in the General Register of Sasines for the County of Angus on 26 June 1987.

7.3 The purpose of the planning obligation is to restrict the range of goods and the floor space of the proposed retail stores at Kingsway West Retail Park as approved by planning application ref: D/12001.

7.4 The Applicant seeks a modification of the Minute of Agreement to insert an additional use, authorised by planning application 19/00908/FULL, under Schedule II of the Minute of Agreement as follows:

“(e) The use authorised by planning application 19/00908/FULL (and only this use and without prejudice to the foregoing generality no other use within Class 11 of the Town and County Planning (Use Classes) (Scotland) Order 1997) shall be permitted in Unit A1 only and no other units on the said land bound by this Agreement, which Unit A1 is outlined in red and marked “UNIT A1” on the Unit A1 Plan. Unit A1 Plan in this clause means the plan referred to as the Unit A1 Plan annexed and executed as relative hereto.”

7.5 The supporting documents state that Unit A1 has remained vacant since April 2018 on the departure of the former occupants Toys R Us. The size of the unit means as a result only a limited number of occupiers are able to occupy the unit and the Current Minute of Agreement places a further use restriction thereby reducing the selection of suitable occupiers.

7.6 Planning application 19/00908/FULL seeks permission to change the use of Unit A1 from retail (Class 1) to an adventure play and activity centre (Class 11) with an ancillary café and dining area. The application has been assessed against Policy 7 (Tourism and Leisure Developments) as the proposal is for a major leisure use.

7.7 In respect of Policy 7 (Tourism and Leisure Developments), a sequential assessment undertaken by the applicant demonstrates that there are no sequentially preferable sites in




the City Centre and District Centres or Leisure Parks. In line with Scottish Planning Policy’s “Town Centre First Principle”, Kingsway West is a commercial centre and a sequentially preferable location in the Local Development Plan after the City Centre and District Centres and the edge of town centre. The proposal would bring a large, highly visible, vacant unit back into use in a sequentially preferable location and create a complementary use for the wider site. The proposal is in accordance with the development plan.

OBSERVATIONS Proposals to discharge, modify or enter into Planning Obligations should comply with the following five tests in Circular 3/2012: Planning Obligations and Good Neighbour Agreements - necessity, planning purpose, relationship to the development, scale and kind, and reasonableness. The Council's assessment of this application with regard to the tests required by Circular 3/2012 is as follows:

A - NECESSITY 7.8 The Circular is written for the benefit of planning authorities that are considering whether, in

order for planning permission to be granted, a planning obligation is required. However, this is an application to modify an existing planning obligation and there is no option to impose a planning condition. Accordingly, a planning obligation remains necessary in this regard in order to ensure that this restriction will bind successors in title and therefore satisfies this test.

B – PLANNING PURPOSE 7.9 The Obligation should serve a planning purpose. The purpose of the planning obligation is to

restrict the range of goods and the floor space of the proposed retail stores at Kingsway West Retail Park as approved by planning application ref: D/12001 to ensure they do not jeopardise the vitality and viability of the City Centre and District Centres.

7.10 The proposed modification to insert an additional use, namely a change of use to an adventure play and activity centre and no other Class 11 Use of the Town and Country Planning (Use Classes) (Scotland) order 1997 in Unit A1 only, ensures the restrictions of the planning obligation remain in place to protect the vitality and viability of the City Centre and District Centres. The proposed change of use is in accordance with the Local Development Plan.

7.11 It is considered that the modifications proposed to the obligation would serve a planning purpose and would satisfy this test.

C – RELATIONSHIP TO THE DEVELOPMENT 7.12 The Circular requires that Obligations should "relate directly to the proposed development

either as a direct consequence of the development or arising from the cumulative impact of development in the area".

7.13 The main aim of the goods restrictions imposed by the existing planning obligations associated with Kingsway West Retail Park are to avoid a potentially damaging diversion of expenditure away from the City Centre and District Centres and to ensure that they continue to provide a valuable and accessible service. The proposed modification inserts a restriction on the use of Unit A1 only. It has no wider effect and therefore this test is satisfied.



D – SCALE AND KIND 7.14 The scale and kind test requires obligations to be proportionate to the scale of the

development and to address any objectionable implications of the development itself.

7.15 The application seeks a modification to an existing planning obligation to insert an additional use in Schedule II of the planning obligation. This is to ensure that only the use authorised by planning application 19/00908/FULL shall be permitted and no other uses in Class 11 of the Town and Country Planning (Use Classes) (Scotland) Order 1997 are permitted in Unit A1 only and no other units in the Kingsway West Retail Park.

7.16 The Use Classes (Scotland) Order confirms Class 11 uses include cinemas, concert halls, bingo halls, casinos, dance halls, discotheques, skating rinks, swimming baths and gymnasiums. The planning application 19/00908/FULL is for an adventure play and activity centre. The proposed modification would ensure that no other Class 11 use could occupy the unit and therefore prejudice the vitality and viability of the City Centre and District Centres.

7.17 The proposed modification is related in scale and kind to the development and meets this test.

E – REASONABLENESS 7.18 The Circular requires that the obligation should be reasonable in the particular circumstances

of the case. The annex to Circular 1/2010 confirms that external factors affecting the development need to be taken into account when judging whether an obligation remains reasonable.

7.19 As outlined previously in the report, the purpose of the planning obligation is to restrict the range of goods and the floor space of the proposed retail stores at Kingsway West Retail Park as approved by planning application ref: D/12001 to ensure they do not jeopardise the vitality and viability of the City Centre and District Centres.

7.20 The proposed change of use has been assessed under Policy 7 (Tourism and Leisure Developments) as it is a major leisure use. A sequential assessment undertaken by the applicant demonstrates that there are no sequentially preferable sites in the City Centre and District Centres or Leisure Parks for the proposed use.

7.21 Separately, an assessment following the sequential town centre first approach as set out in Scottish Planning Policy recognises that Kingsway West, as a commercial centre identified in the Local Development Plan, is a sequentially preferable location after the City Centre and District Centres and the edge of town centre as identified in the Local Development Plan.

7.22 The proposed change of use would bring a large, highly visible, vacant unit within an established retail park back into use and create a complementary use for the wider site. The proposed use is in a location and of a scale which would not significantly alter the existing pattern of footfall in the area. It would not therefore individually or cumulatively prejudice the vitality or viability of the City Centre or District Centres. The planning application 19/00908/FULL accords with the development plan.

7.23 The Use Classes (Scotland) Order identifies Class 11 uses to include cinemas, concert halls, bingo halls, casinos, dance halls, discotheques, skating rinks, swimming baths and gymnasiums. The planning application 19/00908/FULL is for an adventure play and activity centre. The proposed modification would ensure that no other Class 11 use would occupy the unit and therefore prejudice the vitality and viability of the City Centre and District Centres.



7.24 The proposed modification is reasonable in the particular circumstances of the case and meets this test.

7.25 It is concluded that the proposed modification complies with the five tests in Circular 3/2012: Planning Obligations and Good Neighbour Agreements.

8 CONCLUSION

8.1 It is considered that taking into account all the relevant issues above, the Council's stated aims of maintaining the vitality and viability of the City Centre and District Centres would be served by approval of this application and that the planning obligation should continue to have effect with the modification proposed.

9 RECOMMENDATION

9.1 It is recommended that this application should be APPROVED and the planning obligation shall have effect subject to the modifications specified in the application.

city chambers dundee dd1 3by2 3 planning applications (copy enclosed). 4 planning appeal decision...

Documents