Application No 02/00415/OUT Item 2 Page 6 KEY INFORMATION Ward East Port

Proposal Outline application for extension and remodelling of existing shopping centre to create 4680 sq m retail unit adjacent to Victoria Road.

Address The Wellgate Shopping Centre The Wellgate DD1 2DB

Applicant Britel Fund Trustees Ltd Lloyds Chambers 1 Portsoken Street London

Agent 3D Architects Proposed Extension of Wellgate 11 Stafford Street EH3 7BR Shopping Centre at Victoria Road Registered 29 May 2002 Case Officer C Walker An Outline application for the extension and remodelling of existing shopping centre to create 4680 sq m retail unit adjacent to Victoria Road is RECOMMENDED FOR APPROVAL SUBJECT TO CONDITIONS. Report by Director of Planning and Transportation

RECOMMENDATION SUMMARY OF REPORT The proposed • Outline planning permission is sought to extend the Victoria Road end of the Wellgate development complies Centre by 4,680 sq. metres. Taking demolitions into account the net increase would with Development Plan be some 2,590 sq. metres. policy. Subject to the • imposition of appropriate Illustrative plans have been submitted indicating the demolition of the Victoria Road conditions at outline entrance, the furniture retail unit to the west of that entrance and the row of shops at 5- stage, a future detailed 15 Victoria Road and the erection of a 2 storey retail unit with the upper level being at application for the the same level as Victoria Road. proposed extension can • There is a second application to extend the Wellgate Centre by 2,530 sq. metres at enhance the appearance Meadowside Yard, and a report on that application (ref. no. 02/00416/OUT) is of the Wellgate Centre contained elsewhere in this Agenda. The cumulative impact of both developments and the overall would be a net increase in floorspace of 5,120 sq. metres. attractiveness of the city • centre as a retailing The Royal Fine Art Commission for are concerned to ensure that the destination. development is of appropriate design in the context of the adjoining streetscape. • The proposal complies with Development Plan and emerging Local Plan policy and National Guidance on retailing. The imposition of appropriate conditions can ensure that the development is of satisfactory design.

Dundee City Council Development Quality Committee 24 February 2003 Application No 02/00415/OUT Page 7 city centre and strengthen the retailing DESCRIPTION OF PROPOSAL pitch between the Overgate and POLICY BACKGROUND Wellgate. Outline planning permission is sought Dundee and Angus Structure to extend the Victoria Road end of the The applicants state that these Wellgate Centre by 4,680 sq. metres. applications are speculative in that Plan 2001-2016 Taking demolitions into account the they are not linked to named operators The following policies are of net increase would be some 2,590 sq. but that they reflect a demand from relevance: metres. For comparative purposes the larger space users which cannot be existing Wellgate Centre has a floor accommodated within the existing Town Centres and Retailing Policy 3 area of some 27,400 sq metres. smaller units in . They state supports further retail development in that the redevelopment of the Wellgate the central area, including the Illustrative plans have been submitted Centre is overdue. extension of the prime retail area, indicating the demolition of the where this can be suitably integrated Victoria Road entrance, the furniture with the existing shopping area. retail unit to the west of that entrance However the preamble to this and the row of shops at 5-15 policy suggests that there is Victoria Road and the erection of limited spare expenditure capacity a 2 storey retail unit with the and a need for caution when upper level being at the same considering new proposals for non level as Victoria Road. These food retailing. plans indicate the building filling the void formed by the Wellgate Environmental Resources Policy 6 steps and effectively extending to requires new development to the pavement at Victoria Road, make a positive contribution to with the entrance at its north the identity, character and quality eastern corner. of the built and historic environment. The illustrative plans give tentative proposals for the design Dundee Local Plan 1998 of the building suggesting windows on the Victoria Road The following policies are of elevation and some form of relevance: feature at the junction of Hilltown and SITE DESCRIPTION The site is allocated as part of the Victoria Road. A Design Statement secondary retail area and Policy S5 accompanies these plans. It states the The site comprises the Victoria Road accepts retail and non retail activities intention that the development relates end of the Wellgate Centre, a 1970's within Classes 1,2 and 3 at this in a satisfactory manner to streetscapes shopping centre of utilitarian design. location. Policy S1 promotes an and neighbouring buildings. A flight of steps leads up to Victoria expansion of the prime shopping There is a second application to extend Road and the entrance to the centre floorspace at the Arnotts/Forum Centre the Wellgate Centre by 2,530 sq. was upgraded in recent times with the site and the preamble to this policy metres at Meadowside Yard, and a provision of a glass canopy. The site indicates that the city requires report on that application (ref. no. incorporates the retail unit to the west additional prime shopping floorspace. 02/00416/OUT) is contained elsewhere of this entrance as well as a 2 storey The site lies just outwith the city centre in this Agenda. In response to parade of shops at 5-15 Victoria Road. conservation area and adjoins a listed concerns from the Council about the To the west at 71-83 Meadowside is building (Kandahar House). Policy potential impact of significant Kandahar House, a Category B listed BE1 seeks the highest standards of extensions to the size of the Wellgate building with ground floor shops and design. Centre on the city centre the applicants first floor offices. Behind Kandahar have produced an assessment on the House is a service road to the Wellgate vitality and viability of the city centre. Dundee Urban Nature Centre and upper storey car parking Conservation Subject Local Plan In this report they state that the areas. existing centre is healthy, vacancy To the east is the Central Library. To 1995 rates are low and that there is scope for the north-west on the opposite side of There are no policies relevant to the growth. They criticise notions of lack Victoria Road, is an impressive run of determination of this application. of capacity for growth stating that this Category B listed buildings from 10-20 does not allow for competition or Victoria Road, with ground floor Finalised Dundee Local Plan choice and point to the redevelopment commercial uses and upper floor office of the as contributing and residential uses. To the north east Review to the city centre rather than leading to is an area of open space in front of The following policies are of increased vacancies. They note that modern flats at the junction of relevance: many of the existing vacancies in the Hilltown and Victoria Road. city centre are in the Wellgate Centre Policy 34 seeks to protect the retail and that the refurbishment of the core area and Policy 35 provides for Wellgate Centre would enhance the the extension of the retail core area. Dundee City Council Development Quality Committee 24 February 2003 Page 8 Application No 02/00415/OUT However the preamble to Policy 35 concerned that the historic link from shopping area of the city. Both Plans notes that the redevelopment of the the Hilltown to the city centre by the encourage the extension of the prime Overgate Centre has added Wellgate steps would be lost with the retail area of the city and there is no considerably to Dundee's supply of proposed extension and the fact that its doubt that this site, which extends the prime retail floorspace and suggests entrance would be offset from this Wellgate Centre, is integrated with the that the potential for further additions route. With the building line extended existing shopping area. The preamble to the core area are likely to be limited to front the pavement and the increased to Town Centres and Retailing Policy for the present. The upper levels of the height, the Commission considers that 3 of the Structure Plan does sound a Wellgate Centre fall within a speciality there would be deterioration in the note of caution about the level of spare shopping and non core area and quality of pedestrian environment, capacity for additional non food Policy 36 permits uses within Classes including loss of sunlight. Although retailing within the city centre but the 1, 2 and 3. detailed elevations have not been policy itself does not seek to restrict provided the Commission is concerned expansion on this basis. Policy 55 puts an emphasis on design that the proposed new façade could quality and Policy 56 supports a The design of the proposed extension present an unreadable dead frontage to percent for public art. has not been established. This is an Victoria Road if it had no shop outline application without an windows or doorways. Finally the Scottish Planning Policies, operator. Ideally it would be useful to Commission states that the opportunity establish the design of the extension at Planning Advice Notes and should be taken to consider the this stage particularly since this is a refurbishment of the exterior of the Circulars substantial development at a prominent centre including the area under the roof location. The applicants have already The following are of relevance: car park on Meadowside. produced a design statement for the NPPG8 Town Centres and Retailing The Director of Environmental and development in which they seeks to sustain and enhance the Consumer Protection has requested a acknowledge that the development vitality, viability and design quality of planning condition to ensure that noise must take cognisance of the existing town centres as the most appropriate from mechanical and electrical plant streetscape and cannot turn its back to location for retailing and other related does not have an adverse impact on Victoria Road. The Royal Fine Art activities. residential property. Commission has concerns about the infilling of the Wellgate steps area. The Scottish Executive "Policy on The policies of the Structure and Local Architecture(2001)" and "Designing OBSERVATIONS Plans relating to this issue are very Places (2001)" are of relevance. In accordance with the provisions of general. However it is considered that Section 25 of the Act the Committee is should Members wish to approve this Non Statutory Statements of required to consider application suitable planning Council Policy conditions can be imposed to ensure a whether the proposals are that the development is of appropriate The following are of relevance: consistent with the provisions of quality, that the upgrading of other the development plan; and if not The Council adopted the Dundee parts of the centre is achieved and that Urban Design Guide in December b whether an exception to the the aims of the Development Plan 2001. provisions of the development policies are fulfilled. plan is justified by other material It is concluded from the foregoing that considerations LOCAL AGENDA 21 the proposal complies with the Regard should also be had to provisions of the development plan. The development is considered to be Section 59(1) of the Planning (Listed sustainable in that it proposes Buildings and Conservation Areas) Other Material Considerations additional retailing within an (Scotland) Act 1997 which requires accessible city centre site. The other material considerations to be special consideration to be given to the taken into account are: effects of the proposal on the setting of SITE HISTORY listed buildings. a the policies of the Finalised Dundee Local Plan Review There is no relevant history of The Development Plan planning applications relating to this b NPPG8, site. The provisions of the development c the Scottish Executive statements plan relevant to the determination of on Architecture and Designing this application are specified in the PUBLIC PARTICIPATION Places, Policy background section above, Statutory neighbour notification was namely Town Centres and Retailing d the Councils Urban Design carried out and no public comment was Policy 3 and Environmental Resources Strategy and received. Policy 6 of the Structure Plan and Policies S5 and BE1 of the Local Plan. e Section 59 of the Planning (Listed Buildings and CONSULTATIONS The proposed development seeks to Conservation Areas) (Scotland) The Royal Fine Art Commission for provide additional retailing space in an Act 1997 which requires special Scotland was consulted. It is area allocated as part of the secondary regard to be had to the Dundee City Council Development Quality Committee 24 February 2003 Application No 02/00415/OUT Page 9 preservation of the setting of Guidance, and where concerns about Design listed buildings. the impact of the development on the existing city centre cannot be clearly The design of the proposed extension The Finalised Local Plan Review established, there is no basis for has not been established. This is an policies on shopping are broadly refusing the proposed development on outline application without an similar to those in the Structure Plan retailing grounds. operator. Ideally it would be useful to and adopted Local Plan. As with the establish the design of the extension at Structure Plan, the preamble to these Design matters have already been this stage particularly since this is a policies sounds a note of caution about considered in the context of substantial development at a prominent the capacity for further non food Environmental Resources Policy 6 of location. The applicants have already retailing in the city centre, but the the Structure Plan and Policy BE1 of produced a design statement for the policies themselves to not seek to the adopted Local Plan. The Policies development in which they restrict expansion and Policy 35 makes of the Finalised Local Plan and the acknowledge that the development specific provision for the Scottish Executive statements on must take cognisance of the existing redevelopment of the Forum Architecture and Designing Places and streetscape and cannot turn its back to Centre/Arnotts site. Any development the Councils Urban Design Strategy Victoria Road. The Royal Fine Art that prejudices this expansion will not simply reinforce the need for achieving Commission has concerns about the be permitted. However it is difficult to good design at this location. The infilling of the Wellgate steps area. see how the current proposals would upgrading of the existing centre, The policies of the Structure and Local prejudice that development. including in particular the treatment of Plans relating to this issue are very Furthermore, given that the site is the existing Meadowside elevation, general. However it is considered that within the defined retailing area of the must be achieved and a condition to should Members wish to approve this city centre, it cannot be argued that the this effect should be imposed should application suitable planning development contravenes the policies members be minded to approve this conditions can be imposed to ensure of the Finalised Plan. application. In addition the that the development is of appropriate development would benefit from a NPPG8 seeks to sustain and enhance quality, that the upgrading of other public art input and the imposition of a the vitality, viability and design quality parts of the centre is achieved and that condition requiring a Percent for art in of town centres as the most appropriate the aims of the Development Plan accordance with Policy 56 of the location for retailing and other related policies are fulfilled. Finalised Plan should also be imposed. activities. As such, the proposed development is wholly compliant with The proposed development will have CONCLUSION the spirit and aims of NPPG8. an effect on the setting of Kandahar House, a Category B listed building to The proposed development complies However there is an underlying the west of the site. At this stage this with Development Plan policy. concern that the cumulative impact of impact cannot be quantified due to the Subject to the imposition of this development and the proposed lack of detail. However, the proposal appropriate conditions the proposed extension at Meadowside Yard is simply to replace an existing extension should enhance the (02/00416/OUT), involving a net building butting up against the listed appearance of the Wellgate Centre and increase of 5,120 sq. metres would building with a new building of a the overall attractiveness of the city lead to increased vacancies and a similar size and scale. In these centre as a retailing destination. deterioration in the retail environment circumstances there is no reason why of the city centre. The applicants the proposed development could not counter this view by stating that the RECOMMENDATION have a satisfactory relationship with current state of health of the city centre the listed building in accordance with It is recommended that planning is good and that substantial increases the requirement of Section 59 of the permission be GRANTED subject to in floorspace at the Overgate Centre Listed Buildings and Conservation the following conditions:- have benefited the city. They argue Areas Act 1997. Should Members that capacity studies do not make an 1 the approval of the City Council wish to support the proposal, it is allowance for competition and choice shall be obtained to the following considered that the imposition of and that the upgrading of the Wellgate reserved matters before any appropriate conditions governing the Centre, which currently suffers from a development is commenced viz: siting and design of the proposed relatively high level of vacancies and a the siting of the building(s) the extension can ensure that the setting of dated image, will result in an design of the building(s) the the listed building is preserved. enhancement of the city centre as a external appearance of the whole. Indeed if there is to be an It is concluded from the foregoing that building(s) the means of access to adverse impact on retailing elsewhere insufficient weight can be accorded to the building(s) the landscaping of in the city, this could impact on out of any of the material considerations such the site centre retail park developments rather as to justify the refusal of planning 2 application for approval of the than the city centre. In accordance permission for this development which matters referred to in condition with NPPG8 priority should be given accords with the provisions of the (1) above must be made within 3 to city centre development. development plan. It is therefore years of the date of this recommended that planning In these circumstances, where the permission permission be granted with conditions. proposed development complies with 3 the development to which this Development Plan policy and National permission relates shall begin Dundee City Council Development Quality Committee 24 February 2003 Page 10 Application No 02/00415/OUT within 5 years of the date of building line and Victoria permission or 2 years of the final Road approval of the reserved matters, 7 All mechanical and electrical whichever is the later plant, including ventilation, shall 4 The proposed development shall not exceed Noise Rating (NR) 35 incorporate a 1% for public art as measured at the external contribution and details of this façade of adjacent residential contribution and timescales for its property implementation shall be 8 Details of the rearrangement of submitted to the Council for the servicing of the Wellgate approval before any development centre at this location as a result is commenced and if approved of the erection of the proposed the development shall be carried extension shall be submitted to out only in full accordance with the Council for approval before such approved details any development is commenced 5 details of improvements to the and if approved the development Meadowside elevation of the shall be carried out only in full Wellgate Centre between accordance with such approved Kandahar House and Meadow details Lane including proposals for the use of the ground floor area and Reason timescales for the implementation 1 to reserve these matters for future of these improvements and consideration by the Council proposals shall be submitted to the Council for approval before 2 To comply with Section 58 of the any development is commenced Town and Country Planning and if approved the development (Scotland) Act 1997 shall be carried out only in full accordance with such approved 3 To comply with Section 58 of the details Town and Country Planning (Scotland) Act 1997 6 The details of the siting, design and external appearance of the 4 To ensure that an appropriate extension referred to in condition scheme of public art is 1 above shall take account of the incorporated in the development Councils "Dundee Urban Design proposals in accordance with Strategy 2001" and Scottish Policy 56 of the Finalised Executive "Policy on Dundee Local Plan 2003 Architecture 2001" and 5 In order to neutralise the negative "Designing Places 2001" and impact of this section of the shall in particular ensure that the building and to integrate the new extension: extension into the streetscape in a has an elevation to Victoria the interests of visual amenity Road that contains shop 6 To ensure a satisfactory siting windows and an entrance and design of the extension in doorway and presents a accordance with Environmental human scale of development Resources Policy 6 of the for pedestrians on Victoria approved Structure Plan and Road Policy BE1 of the adopted Local b is of a scale and format that Plan relates to the existing 7 In order to protect the amenities streetscape at Victoria Road of nearby residential properties and in particular to Kandahar House, the Category B listed 8 To ensure that the Wellgate building to the west of the Centre can be adequately site serviced in the interests of traffic and pedestrian safety c reflects the axis of Hilltown and Victoria Road in its elevational treatment d creates an attractive area of open space between the

Dundee City Council Development Quality Committee 24 February 2003