Substantial Extension to Overgate Centre

Application No 05/00815/FUL Item 1 Page 1 KEY INFORMATION Ward Tay Bridges

Proposal Extension to Overgate Centre: 2 storey retail: 4 storey car parking

Address Land to East of West Marketgait Overgate Lane Dundee

Applicant Overgate GP Ltd Level 2 10 Maltravers Street London WC2R 3NG

Agent Keppie Planning 160 West Regent Street Substantial Extension to Overgate Glasgow G2 4RL Centre

Registered 8 Sept 2005 The Extension to Overgate Centre: 2 storey retail; 5 storey car parking is RECOMMENDED FOR Case Officer G S Reid APPROVAL SUBJECT TO CONDITIONS. Report by Director of Planning and Transportation

RECOMMENDATION SUMMARY OF REPORT It is considered that the · Planning permission is sought for a 2-storey extension to the Overgate Shopping Centre including a new proposal is in multi-storey car park at land to the north of the existing Overgate Shopping Centre, West Marketgait, accordance with the Dundee. provisions of the · The proposal raises issues for consideration in terms of Town Centres and Retailing Policy 3, development plan. Environmental Resources Policy 6 and Transport Policy 4 of the Dundee and Angus Structure Plan There are no material 2001-20016, Policies 37, 55, 56, 65, 79 and 87 of the Dundee Local Plan Review 2005. The proposal considerations that also raises issues in terms of national guidance. would justify a departure · Two letters of objection were received to the proposed development. The main concerns raised related to the development plan to the loss of an existing high quality area of public open space, that there is no need for additional floor area, existing retailers would be drawn from other parts of the city centre to the new extension, the in this instance. proposal is contrary to national guidance and the adopted local plan and that the design is inappropriate. The application is · It is considered that the proposed extension is in accordance with Town Centres and Retailing Policy 3, recommended for Environmental Resources Policy 6 and Transport Policy 4 of the Dundee and Angus Structure Plan APPROVAL subject to 2001-20016, Policies 37, 55, 56, 65, 79 and 87 of the Dundee Local Plan Review 2005. It is also conditions. The considered hatt the proposal is in accordance with national policy guidance. There are no material application must also be considerations that would justify a departure to the provisions of the development plan in this instance. referred to Scottish · The application requires to be referred to Scottish Ministers for their consideration. Ministers for their consideration.

Dundee City Council Development Quality Committee 27 February 2006 Page 2 Application No 05/00815/FUL works and flanked by retail units will with sufficient space for an additional DESCRIPTION OF PROPOSAL provide pedestrian access into the new 5 service vehicles and a compactor unit extension. The applicants highlight is located between the new car park Planning permission is sought for a 2- that this will help supplement the and the existing service access deck. storey extension to the Overgate existing Centre’s access and strengthen Distribution of goods to the new units Shopping Centre including a new the links with the adjacent ‘Cultural will be via rear of unit service multi-storey car park at land to the Quarter’ to the west and the city to the corridors and lifts. north of the existing Overgate north. In addition, a new entrance Shopping Centre, West Marketgait, The new major shopping unit (MSU1) located on the northwest corner of the Dundee. will have its own dedicated service site at the junction between South dock that is capable of taking up to 3 The applicants have submitted various Ward Road and West Marketgait will service vehicles. This will be accessed documents in support of their planning act as a marker to signify the new from South Ward Road. application. Over the course of the north edge of Overgate and provide consideration of the application the direct access into new major shopping Proposed Elevations applicants have made amendments to units at upper mall level. the design and other aspects of the The applicants state that the elevations Proposed Gross Retail Floor Areas as a proposed scheme. In response to this of the new extension will compliment result of the proposed extension will the elevations of the existing Centre some of the documents have been be: revised to take into account changes to and surrounding buildings both in the quality and selection of materials and the proposed development. Area lost due to link: 1,300 sq. metres. scale. The new extension has 3 main The documents submitted are a New Extension: 20,000 sq. metres. elevations; West Marketgait, South planning statement including an Ward Road and Willison Street/North Additional Gross Retail Area: assessment against national guidance Lindsay Street. The applicants 18,700 sq. metres. and the policies of the development acknowledge the prominence of the plan, a design statement, a retail corner of South Ward Road with West condition and outlet survey, a Marketgait Roundabout and that it retail impact assessment, a adds a further aspect to the design. justification for the demolition of The finishing materials are to match the listed buildings and those of the existing centre where assessments on the potential appropriate. effects on the environment including i) noise and vibration, West Marketgait ii) air quality, iii) contamination The applicants highlight that this is by and geology, iv) townscape and far the most public elevation and as visual assessment, v) construction such justifies the use of appropriate and vi) archaeology. quality materials such as suitably These documents set out the New Multi storey Car Park coloured cast/concrete stone that is in details of the proposal and these are keeping with the standards set by the The new multi-storey car park will existing Centre. They state that the summarised as follows: provide 330 additional spaces (total massing of the elevation has been The Shopping Centre Extension 700 cars) on 4 decks with vehicular dictated by the two horizontal retail access being directly off West floors and service/car park deck, the The applicants have advised that the Marketgait. Exit from the car park will height of the decked parking and the new extension will accommodate in be via a ramp into Willison Street. fall across the site from north to south. excess of 40 new retail units with Control barriers will be located at Elements such as the car park, access approximately 20,000sqm gross retail service deck level which is on the roof ramp and the prominent feature at floor area on two levels. The existing of the upper mall level. At this level West Port Roundabout generates three malls will extend through to provide there will be accessible parking for dimensional interest with the active full access to the new extension at both parent/child and disabled, and the Shop frontage to MSU1 providing added levels and the new retail and associated Mobility facility. Access from this and vitality at street level. facilities will be finished to the same the upper car park decks to the retail high standard as that of the existing They stress that the design style avoids area is via the lifts and stairs that take Centre. The new double-sided mall you directly into the new atrium space being an inappropriate pastiche but will extend northwards from the adopts a more contemporary and and welcome hall. Direct access will existing Centre and terminate in an dynamic approach that is be provided to the new major unit and atrium. The atrium will pass through a pedestrian ‘bridge’ will connect the complementary to the character and both mall levels and provide the main scale of the adjacent buildings. new car park with the existing vertical link between the shopping area Debenhams store. South Ward Road and the new decked car park above. The atrium will provide access to a Servicing of the Proposed Extension The west part of this elevation is a new major shopping unit and include a continuation of the West Marketgait The existing service access ramp welcome hall, escalators, lifts and will corner feature. A similar approach to located off West Marketgait will be be top lit from a large rooflight. retained and will remain the main point the architectural style is therefore carried through. Beyond this, moving A new entrance on the north edge of of service access and egress for the eastwards, the scale of the Upper the site adjacent to the former Halley complete Centre. A new service bay Dundee City Council Development Quality Committee 27 February 2006 Application No 05/00815/FUL Page 3 Retail level also carries through to the of discussions with the Council and the 2 The Salvation Army Building. tenement scale of the former Halley Design Review process with This building is of a Works building. Architecture Design Scotland. contemporary design and faces onto West Marketgait. Willison Street/North Lindsay Street The applicants have submitted a Transport Assessment. The 3 Lidl Supermarket at West Port The North Lindsay Street elevation is Assessment sets out the potential Roundabout. This was formerly dominated by the façade of the former impact of the proposed development the site of a car showroom but is Halley Works building which makes a on the surrounding road network. It now a discount supermarket. significant contribution to the quality also outlines the measures required to The building is single storey in of streetscape in this area. The manage the affects of the proposed height and is of a very basic Willison Street/North Lindsay Street development. commercial design. corner junction of the new development is fundamental to the The applicants have advised that a 4 Electric Sub-Station located at successful integration of the new with Drainage/Flood Assessment is under the south end of North Lindsay the existing buildings and also for preparation. The Assessment had not Street. This takes the form of a maintaining the quality of streetscape been received at the time of writing the compound enclosure and is set on the east side of the site. Originally Report. back from the adjacent tenement the applicants intended to demolish building. The applicants have advised that it has both tenements and introduce a new been necessary to prepare a revised Air 5 26-32 and 34-36 North Lindsay building as a link between the Centre Quality Assessment in response to Street. These are Category B and the former Halley Works. changes to the Transport Assessment. listed four storey tenement However, they have changed their The updated Assessment had not been buildings with approach and now propose to retain the received at the time of writing the shop/restaurant/take-away at facade of the north most tenement. In Report. ground level. The pink addition, it is proposed to activate the sandstone ashlar front aligns Willison Street façade where it sits with the adjacent Halley adjacent to the retained North Lindsay SITE DESCRIPTION Brothers Ltd (D C Thomson) Street listed building façade by The application site extends to works building. forming a fully glazed retail frontage approximately 1.46 hectares. The site alongside the sub-station/car park. 6 Halley Brothers Ltd (D C is bounded by the West Marketgait Thomson) warehouse. This a Landscaping section of the Inner Ring Road to the relatively modern light industrial west; warehouse and commercial The applicants have advised that the building that is concealed buildings fronting South Ward Road to extent of any new landscaping is between the rears of the listed the north; the old Halley Brothers Ltd significantly restricted because the Halley Brothers Ltd (D C (D C Thomson) works and North development fills the site. However, Thomson) works building on Lindsay Street to the east; the BT where appropriate, (e.g. at West Port North Lindsay Street and the Exchange building to the south east; Corner) any new streetscape/landscape Lidl supermarket at West Port and the existing Overgate and will be used to provide pedestrian Roundabout. This building Overgate Lane to the south. friendly zones. Also, particular forms part of the Halley attention will be given to the paving Within the application site there are Brothers Ltd (D C Thomson) and interface details along the West buildings of various styles, scale and works complex but has no major Marketgait and at the West Port types. They are undistinguished both frontages. junction to ensure continuity of quality in terms of their individual appearance, and finishes with that of the existing massing and grouping, largely as a POLICY BACKGROUND Centre. consequence of the piecemeal development dating from the 1960’s. Other Matters Dundee and Angus Structure The site levels generally falls from Because of the nature of the north to south. Plan 2001-2016 development the applicants have stated The buildings within the site include: The following policies are of that it will be necessary to demolish all relevance: of the existing buildings contained 1 A 340 space variable stay multi- within the site boundary. The only storey car park accessed directly Town Centres and Retailing Policy 3: exception to this is the retention of the from West Marketgait. This is a Dundee Central Area. This Policy facade on the north-most tenement in 1960’s structure and occupies a seeks to reinforce Dundee Central North Lindsay Street. prominent corner site. The Area's role as one of Scotland's key ‘Shop mobility’ for Dundee City centres providing a focus for retailing The western end of Overgate Lane that Council makes use of part of the and related activities. One of the currently crosses the south edge of the ground level, together with a means identified to achieve this is by site, is to be closed off in order ‘Windscreen replacement’ supporting further retail development accommodate the link between the operator. There is also a in the central area, including the existing building and the proposed new ‘bridge’ link that crosses extension of the prime shopping area, extension. Overgate service road and where this can be suitably integrated The applicants made amendments to provides direct access into the with the existing shopping area. the design of the elevations as a result top level of Debenhams. Dundee City Council Development Quality Committee 27 February 2006 Page 4 Application No 05/00815/FUL Environmental Resources Policy 6: appropriate conditions on planning high quality design of buildings and Design and Urban Renewal. This permission. layout for proposed developments. policy requires, amongst other things, Policy 65: Archaeological Sites. This that new developments make a positive Non Statutory Statements of Policy requires the applicant to contribution to the identity, character undertake an assessment of the Council Policy and quality of the built and historic archaeological value of the site and the environment The following non statutory Council likely impact of the proposal on the policies are relevant to the Transport Policy 4: Development archaeological resource. determination of this application. Location: Policy 79: Contaminated Land. This Dundee - The Urban Design Guide. In identifying land for new Policy advises that when considering development, Local Plans will seek to development proposals involving sites North Lindsay Street Area, ensure that development takes place in where the presence of contamination is Development Brief. The brief the most accessible locations having suspected, the Council will require identified the opportunity to regard to the objectives of the Local developers to submit details of comprehensively redevelop this area to Transport Strategy. New development investigations to assess the nature and add a new dimension to the west end proposals will as a minimum require to extent of any contamination and the of the city centre by providing new demonstrate that they can meet criteria appropriate remedial works to render uses with increased employment specified in the Policy. The Policy the site fit for the use proposed. opportunities and a much improved also advises that development frontage for the western edge of the Policy 87: City Centre Car Parking. proposals generating significant traffic city centre. Although the brief was This Policy sets out the approach for must be supported by Transport subject to public consultation it was the provision of car parking within the Assessments and Green Transport not adopted as a material city centre. Plans. Green Transport Plans will be consideration. implemented through appropriate Scottish Planning Policies, planning conditions or other LOCAL AGENDA 21 agreements. Planning Advice Notes and Circulars Key Theme 7 is relevant to the Dundee Local Plan Review 2005 consideration of this application and The following is of relevance: seeks to ensure that access to facilities, The following policies are of services, goods and people is not relevance: National Planning Policy Guidance 8 achieved at the expense of the (Revised 1998) Town Centres and Policy 37: Extending and Upgrading environment and are accessible to all. Retailing. This guidance seeks to Shopping Provision in the City Centre. It is considered that the proposed encourage existing centres as the first This Policy supports an extension of development meets the aims of this choice locations for new retail the Overgate Centre as part of Key Theme. developments and promotes a accommodating a major element of the sequential approach to the new comparison goods floorspace consideration of proposals. SITE HISTORY requirement in the City Centre. Scottish Planning Policy 17 - Planning The most recent planning applications Policy 55: Urban Design. This Policy for Transport. This Policy promotes in respect of the advises that for all new developments, sustainable development in appropriate the emphasis will be on design quality Overgate Shopping Centre are locations and seeks to ensure that and the Council will require the use of summarised below: development is well located in terms of Design Statements for planning public transport and pedestrian and D23080: Redevelopment of Overgate applications for new buildings on cycle routes. Centre involving partial demolition significant sites. All development will, and construction of new enclosed in its design and layout, be expected to Planning Advice Note 75 - Planning shopping centre and construction of 6 contribute to an environment that is for Transport. This offers guidance on level multi-storey car park. Approved safe and accessible to all. policy contained in SPP 17 (Planning on 28 January 1998. for Transport) above. Policy 56: Public Art. This Policy This was a detailed planning advises that the Council will continue Scottish Planning Policy 20 Role of application for the part refurbishment to support Public Art through the Architecture and Design Scotland. and part new build of the Centre which adopted Public Art Strategy and the A Policy on Architecture for Scotland created an additional 13,890sqm of Percentage for Public Art policy by 2001. Through this document the retail floorspace and a multi-storey car implementing the "Percentage for Art" Executive recognises that the planning park providing 700 spaces. The multi- policy where all new development in system is one of the most important storey car park required the demolition Dundee with construction costs of ways of procuring good architecture. of the then vacant DC Thomson print £1,000,000 or over will be required to works. The main elevations of the allocate at least 1% of the construction Designing Places - A Policy Statement redeveloped Centre are finished in buff costs for the inclusion of an art project for Scotland. This statement from the cast stone. within the development. The Scottish Executive sets out their implementation of the policy will be aspirations on the design and the role D23539: Erection of 2 level mixed-use delivered through the development of the planning system for delivering development, including retail, cinema, control process by the imposition of these aims. It promotes the need for Dundee City Council Development Quality Committee 27 February 2006 Application No 05/00815/FUL Page 5 restaurants and multi-level car park. acceptable particularly in comments on the development in terms Approved 27 January 1999. relation to the height and of the potential impact from noise, air prominence of the proposed car quality and contaminated land. This was an outline planning park. application which related to Noise development on the site of the current A letter of objection was received to No objection subject to the condition proposals and, as with the current the proposal from a nearby resident on that "during the period 2300-0700hrs proposals, represented a physical the grounds of the impact on total noise from all mechanical and ext ension to the existing Overgate residential amenity from noise and electrical services shall not exceed Centre. The proposals, although dust pollution during the demolition NR35 as measured 1m external to the approved, were never implemented. and construction phases. These facade of the nearest residential The outline application provided concerns are not material accommodation." indicative floorspace figures and considerations in terms of the layouts which included a multi-screen determination of the current planning Contaminated Land cinema, restaurants and bars, leisure application but can be addressed No objection to the proposal subject to related retail floorspace, mainstream through separate legislation. Any retail floorspace and additional car disturbance to residential amenity the imp osition of the standard contaminated land condition. parking. caused during the demolition and construction phases is covered by Air Quality PUBLIC PARTICIPATION legislation which is the responsibility of the Council's Environmental Health Although initial air quality information The applicant carried out the statutory and Trading Standards Department. was provided by the applicant's further notification of neighbours and the work has been undertaken on the RAC Auto Windscreens also objected proposal was advertised in the transport assessment. This requires the to the proposal. Their main grounds of "Dundee Courier and Advertiser" on re-running of the air quality model. At objection related to lease arrangements the 20 September 2005 as affecting the the time of drafting the Report the for their premises with Lend Lease and setting of a Conservation Area in terms revised air quality assessment had not the lack of alternative premises. These of Section 65 of the Planning (Listed been submitted for consideration. matters while important to the objector Buildings and Conservation Areas) are not valid grounds of objection to The Scottish Environment Protection (Scotland) Act 1997 and as a potential the planning application. The other Agency were consulted and advised bad neighbour in terms of Section 34 concerns raised are covered in the that they had no objection to the of the Town and Country Planning Act objections set out above from proposed development. 1997. residents. Scottish Water were consulted on the Two letters of objection were received Dundee Civic Trust advised that they proposed development. To date no from residents to the proposed generally welcomed the proposals and response has been received from them extension. The main grounds of considered that they would improve as to their views on the proposals. objection were that: the visual quality of the environment in Historic Scotland were asked to 1 the proposal would result in the this part of the City Centre. They did provide pre-determination comments loss of an area of public open however raise concerns with regards to on the application as it affects the space to the rear of the existing the design of the West Marketgait setting of listed buildings and proposes Overgate Shopping Centre at elevation referring to it as presenting a the demolition of two listed tenement North Lindsay Street. largely blank facade giving a fortress blocks with only the facade retention like appearance. They also raised 2 the proposal is not necessary as of the most northerly tenement. concerns regarding the lack of there is excess retail capacity pedestrian permeability along the West They advised that the amended within the City Centre. Marketgait elevation. Particularly the proposal was not acceptable in terms 3 the proposal will draw major loss of opportunity to create strong of national guidance, due to the design retailers out of other parts of the pedestrian links to the west as and of the proposed new building, which is City Centre to the Overgate and when this area is redeveloped in the not ‘of comparable quality in terms of result in a detrimental shift in future. Finally they also set out design’. In particular the section of the the focus of retailing. reservations regarding the potential development which will house a increase in traffic from the proposal substation and car park has a 4 the proposal is contrary to the and its impact on the West significant length of frontage onto objectives of emerging national Port/Marketgait junctions. Willison Street, terminates the view policy SPP8 Town Centres and down North Lindsay Street and will in particular the sequential Copies of the letters of objection are partially obscure views of the City approach and regeneration. available in the Members Lounges and Churches Tower. To comply with the concerns raised are addressed in 5 the proposal is contrary to the national policy, a development which the "Observations" section of this Dundee Local Plan Review 2005 replaces a listed building must be report. judged to be of better quality than the and in particular to Policy 55 Urban Design. existing building, which in this case CONSULTATIONS has good architectural detailing and 6 the scale and appearance of the makes a positive contribution to the proposal and its relationship to The Head of Environmental Health character of the streets it addresses. its surroundings is not and Trading Standards provided Dundee City Council Development Quality Committee 27 February 2006 Page 6 Application No 05/00815/FUL In addition, they stated that the made no comment on the further generally improve the visual proposed elevational treatment of the changes. appearance of this part of the city replacement building is functional in centre. It is considered that the No adverse comments were received terms of design, massing and proposal is in accordance with from any of the other statutory materials, and shows very little Environmental Resources Policy 6 of consultees. consideration of an architectural the Structure Plan. concept or treatment. As built, this Transport Policy 4 seeks to ensure that would create the impression that the OBSERVATIONS new development proposals will as a surrounding public space is a In accordance with the provisions of minimum require to demonstrate that ‘backland’ which does not deserve Section 25 of the Act the Committee is they: quality architecture and streetscape. required to consider: 1 provide safe, convenient and The issues surrounding the demolition a whether the proposals are attractive facilities for of the listed buildings are addressed consistent with the provisions pedestrian, cycle and public fully in the Report on the of the development plan; and if transport access; accompanying application for Listed not Building Consent for the 2 provide or use walking and cycle demolition/facade retention of the b whether an exception to the routes which are or can be tenements in North Lindsay Street provisions of the development linked into established and (05/00816/LBC refers). plan is justified by other planned networks; material considerations. 3 are accessible to, or can be made Architecture + Design Scotland (A+DS) were consulted and the The Development Plan accessible to the existing or proposed public transport proposals were considered at the The provisions of the development networks; and Design Review Panel on the 4 October plan relevant to the determination of 2005. In light of the Design Review 4 are located where local road this application are specified in the Panel meeting A+DS provided detailed network capacity is available. Policy background section above. comments on the design of the proposal. They advised that the Dundee and Angus Structure Development proposals generating principle of the development and the significant traffic must be supported by commitment to regenerating Dundee Plan 2001-2016 Transport Assessments and Green was welcomed. However there was a Transport Plans where necessary. Town Centres and Retailing Policy 3 concern the scheme presented would Green Transport Plans will be seeks to reinforce Dundee Central not contribute fully to the developing implemented through appropriate fabric of the area. Further Area's role as one of Scotland's key Planning or other agreements. centres providing a focus for retailing development of the design was felt and related activities. One of the The applicant's have produced a necessary for the project to meet its Transport Assessment in support of means identified to achieve this is by full potential and the high standard set their proposal. This is examined in supporting further retail development by the original Overgate Centre in in the central area, including the detail under the material considerations terms of creation of civic space, and section of the Report. It is suffice to extension of the prime shopping area, connection to it. say here that the proposal generally where this can be suitably integrated A+DS provided further comments by with the existing shopping area. The meets the requirements of Transport letter in response to changes made to Policy 4 of the Structure Plan. The proposal is for an extension to the the design by the applicants. They requirement for a Travel Plan will be existing Overgate Shopping Centre. advised that the changes made to the The Overgate Centre has played a achieved through the imposition of a scheme were not a sufficient response condition to permission if granted. to the comments originally raised. significant role in reinforcing Dundee's role as a regional shopping centre. The They highlighted several concerns Dundee Local Plan Review 2005 proposal would extend the prime relating to i) the location and visual prominence of the multi-storey car shopping area and aims to build on the Policy 37: Extending and Upgrading success of the exis ting centre. It is park, ii) the relationship of the building Shopping Provision in the City Centre considered that the proposed extension to the junction at South Ward supports an extension of the Overgate Road/West Marketgait iii) the facade to the Overgate Shopping Centre Centre as part of accommodating a would accord with the aims of TCRP3 of the building onto Willison Street did major element of the new comparison of the Structure Plan. not give something of benefit to the goods floorspace requirement in the City Centre. In the preamble to the public realm and iv) the architectural Environmental Resources Policy 6: Policy it is highlighted that a retail expression of the building required to Design and Urban Renewal. This be refined and improved. They policy requires, amongst other things, capacity study undertaken on behalf of the Council has pointed to the scope to concluded that they could not that new developments make a positive accommodate a significant increase in recommend that the application be contribution to the identity, character approved. and quality of the built and historic the City Centres comparison shopping provision. The applicants have made further environment. With the exception of the listed buildings facing onto North changes to the design of the building in The proposal under consideration is for Lindsay Street there are no buildings response to these comments. At the an additional 18,700 sq. metres of time of drafting the Report A+DS had of real quality in the area. Therefore it comparison shopping floorspace in the is considered that the proposal will Dundee City Council Development Quality Committee 27 February 2006 Application No 05/00815/FUL Page 7 form of a 2-storey extension to the Overgate approach to the design and of this policy will be delivered through Overgate shopping Centre. propose to utilise some of the original the development control process by the finishing materials. imposition of appropriate conditions In order to establish whether there is on planning permission. capacity to accommodate the scale of In assessing the design of the proposed floorspace proposed and what its extension several issues have been The applicant's have agreed in potential impact would be on the raised by Officers with the applicants. principle to incorporate public art into existing shopping provision within the These relate to 1) the height and the proposed development scheme. In city centre the applicants were detailing of the multi-storey car park, order to ensure that the percent for requested to submit an assessment 2) the elevational treatment of the public art is adhered to it will be addressing these issues. facade at the junction of Willison necessary to apply a condition to Street with North Lindsay Street, 3) permission if granted in line with the In response to this the applicants have the height and detailing of the facade guidance in Policy 56. It is considered submitted a Retail Policy and Impact at the corner of South Ward that subject to an appropriately worded Assessment. As part of this Road/West Marketgait and 4) the condition the proposal complies with assessment that applicants carried out a facade facing West Marketgait. These Policy 56 of the Local Plan. health check of the City Centre in the concerns are also reflected in the views form of a Retail Condition and Outlet Policy 65: Archaeological Sites put forward by Architecture and Survey. requires the applicant to undertake an Design Scotland. assessment of the archaeological value In terms of capacity the applicants In response to these concerns the of the site and the likely impact of the carried out an assessment of available applicants have made modifications to proposal on the archaeological expenditure utilising the work the design of the elevations. They now resource. The applicants have undertaken on behalf of the Council propose to i) retain the facade of the prepared an archaeological desktop and then assessed the impact on the north most tenement building in North assessment study in line with the existing shopping provision within the Lindsay Street, ii) remove a full deck requirements of Policy 65. They City. from the multi-storey car park, iii) highlight that given the previous In terms of capacity the applicant's amend the design and raise the height developments on the site the conclude that there is scope to of the corner feature at the Marketgait archaeological potential of the site is accommodate the level of floorspace junction, iv) extend the car park considered to be low. They conclude proposed. In addition, they conclude northwards increasing the height of the that any potential archaeological that this can be done without any West Marketgait elevation and v) impacts could be mitigated through a significant net detriment to the existing insert a new retail unit at Willison programme of observation and shopping centre and that it would not Street adjacent to the retained listed recording and that this could be prejudice other identified potential facade. These changes are welcomed secured through an appropriately extensions to the core shopping area. and have resulted in significant worded condition. This is considered improvements to the overall visual to be an appropriate method in which It is considered that the applicant's appearance of the scheme. There are to meet the requirements of Policy 65. have satisfactorily demonstrated that still some improvements that could be there is sufficient retail capacity to Policy 79: Contaminated Land advises made to the detailing of the main accommodate the proposed extension that when considering development elevations but it is considered that proposals involving sites where the and that it can be done with no these can be progressed through the significant detriment to the existing presence of contamination is impositions of an appropriately worded shopping provision. suspected, the Council will require condition. In addition, the details of developers to submit details of the works for retaining the listed It is considered that the proposed investigations to assess the nature and development is in accordance with tenement facade and the new build extent of any contamination and the Policy 37. behind can be covered by a condition. appropriate remedial works to render Policy 55: Urban Design seeks to It is considered that the proposal will the site fit for the use proposed. ensure that all new developments place result in the improvement of the visual The applicant's have submitted a desk emphasis on design quality and the appearance of the public realm in this study entitled 'Overgate Centre area. It is considered that the proposal creation of new public spaces and Dundee Phase II: Desk Study Report' points of interest which incorporate is in accordance with the requirements prepared by W.A.Fairhurst & Partners architectural and landscape features of Policy 55. dated August 2005. and reflect the historic street layouts, Policy 56: Public Art. The Council significant views and vistas. In The Head of Environmental Health will continue to support Public Art addition, the Policy seeks that all and Trading Standards advised that the through the adopted Public Art study was a thorough and competent development will, in its design and Strategy and the Percentage for Public layout, be expected to contribute to an desk study of the site including a Art policy by implementing the environment which is safe and review of previous site investigations. "Percentage for Art" policy where all As such he was in support of the accessible to all. new development in Dundee with recommendations for further site The current architects have followed a construction costs of £1,000,000 or investigation work. He advised that he more contemporary approach to the over will be required to allocate at had no objections to the application least 1% of the construction costs for architecture of the proposed extension. subject to the standard contaminated In doing this they have however the inclusion of an art project within land condition being attached to any maintained elements of the original the development. The implementation permission granted. In light of this it Dundee City Council Development Quality Committee 27 February 2006 Page 8 Application No 05/00815/FUL is considered that the proposal The traffic modelling carried out as for managing the congestion is the complies with Policy 79 of the Local part of the TA demonstrates that there most viable approach. It is considered Plan. will be a significant increase in that the TA is acceptable subject to the congestion on the surrounding road implementation of the measures set out Policy 87 sets out the approach for car network directly related to the in the Schedule of Works prior to the parking within the city centre. The extension of the Overgate Centre. commencement of trading from the policy sets out a presumption against development. The costs of all the the development of new private non- In order to address this issue the TA above works will need to be met by the residential parking spaces within the sets out a series of traffic management applicant. city centre. However it does allow for and infrastructure changes to the the consideration of new short and existing road network. Other Transport Matters variable stay car parking for the benefit These include: The proposal includes a dedicated of shoppers, business callers and service bay at South Ward Road for visitors where they are directly 1 traffic management changes MSU1. The design of this bay does associated with new facilities. The including; not comply with the Council's Roads proposal includes the provision of a Standards. The applicants have 700 space car park, 330 of which will · Reform Street becomes one advised that it is not possible to meet be new spaces. The level of car way northbound instead of these requirements and have proposed parking is considered to be acceptable two-way, that they will put in place procedures but will require to be controlled to · Bank Street becomes one to manage the servicing arrangements. ensure that it will be for shoppers way eastbound instead of The management procedures that will rather than long stay/commuters. The westbound, permit the safe use of this service Council pricing policy for parking will arrangement will need to be submitted also need to be applied. This can be · South Ward Road onto to the Council for approval. A achieved through a condition. West Port Roundabout becomes one way condition covering this requirement It is concluded from the foregoing that westbound instead of two- will need to be imposed. the proposal complies with the way. provisions of the development plan. Design Matters 2 fully signalising the Dudhope Other Material Considerations Roundabout. Through the publication of "A Policy on Architecture for Scotland 2001", The other material considerations to be 3 new pedestrian crossings "Designing Places - A Policy taken into account are as follows: facilities at various locations Statement for Scotland" and "Scottish including Bank Street and Planning Policy 20 Role of National Planning Policy Guidance 8 Marketgait opposite Argyle Architecture and Design Scotland" the (Revised 1998) Town Centres and House. Executive has recognised that the Retailing. This guidance seeks to planning system is one of the most encourage existing centres as the first 4 realigning various junctions in important ways of procuring good choice locations for new retail particular around Court House architecture and have set out their developments and promotes a Square. aspirations on design and the role of sequential approach to the 5 the reconstruction of South the planning system for delivering consideration of proposals. The local Ward Road to the rear of Argyle these aims. In doing so it seeks to plan identifies the Overgate as a House. promote the need for high quality potential location for accommodating design of buildings and layout for additional comparison floorspace. It is The above are the main changes but proposed developments. In order to considered that given the proposal is there are other traffic management and help achieve these aims Scottish located within the city centre and is an infrastructure changes included within Ministers have established extension to an existing shopping the TA. Architecture and Design Scotland centre then it complies with the The TA concludes that the proposed (A+DS) as the national champions for guidance of NPPG8. traffic management and infrastructure good architecture, design and planning Transport Matters changes do not mitigate the increased in the built environment. The aim of congestion but permit it to be managed A+DS is to raise the quality of new Scottish Planning Policy 17 - Planning more effectively than would otherwise development, so that high standards of for Transport. This Policy promotes be the case. layout and design are the rule not the sustainable development in appropriate It is clear from the TA that the exception. locations and seeks to ensure that proposed extension to the Overgate Given the significance of the proposed development is well located in terms of Centre will result in increased Overgate Extension in terms of size, public transport and pedestrian and congestion on the surrounding road location and public impact the cycle routes. Planning Advice Note 75 network. The traffic management and application was referred to A+DS for a Planning for Transport offers guidance infrastructure measures proposed by Design Review. The response to that on the policy contained in SPP 17 the applicant will not reduce the review process is set out in the (Planning for Transport) above. increased levels of congestion but will "Consultations section of the report. In The applicants have submitted a allow it to be managed. summary A+DS welcomed the Transport Assessment (TA) in support It is considered that the option put principle of the development and the of the proposed development. forward by the applicant's in the TA commitment to regenerating Dundee Dundee City Council Development Quality Committee 27 February 2006 Application No 05/00815/FUL Page 9 was welcomed. However there was a the amendments to the design of the 3 "the proposal will draw major concern the scheme presented would proposal have resulted in a much retailers out of other parts of the not contribute fully to the developing improved quality of design. It is City Centre to the Overgate and fabric of the area. Further considered that the proposal meets the result in a detrimental shift in development of the design was felt aims of the Design Guide. the focus of retailing". The necessary for the project to meet its applicants have indicated that Noise full potential and the high standard set there is demand for larger units by the original Overgate Centre in The proposed development includes not available elsewhere in the terms of creation of civic space, and the installation of new plant and city centre. The proposal will connection to it. machinery on the roof of the extension. provide units of a different scale The applicants have advised that the to elsewhere in the City Centre. The applicants have responded specification of the plant and positively to the various comments 4 "the proposal is contrary to the machinery and therefore the potential received from A+DS. They have objectives of emerging national noise output are as yet not finalised. revised those areas of the proposed policy SPP8 Town Centres and The Head of Environmental Health development that A+DS highlighted as in particular the sequential and Trading Standards advised that it requiring further consideration. The approach and regeneration." It is unlikely that residents in the latest revisions have been significant is considered that as the proposal surrounding area would be subject to and have focused on the main concerns is for an extension to an existing disturbance from noise from the new raised by A+DS. These are outlined shopping centre located within plant and machinery given its location. above in the consideration of the the identified central shopping However, he advised that as the final application against Policy 55 Urban area it conforms to national noise output levels are not available a Design. No response to these changes planning guidance. condition should be imposed to ensure has been received from A+DS at the that disturbance from noise does not 5 "the proposal is contrary to the time of writing the Report. become a problem to residents from Dundee Local Plan Review 2005 It is considered that in the latest the new plant and machinery and in particular to Policy 55 revisions the applicants have made a particularly in the evening. The Urban Design." As outlined positive response to the concerns condition is outlined in the above it is considered that the raised by A+DS and the changes have "Consultations" section of this Report. proposal is in accordance with resulted in significant improvements to the relevant policies of the Local Objections the design of the proposal. Plan 2005. Two letters of objection were received Historic Scotland were asked to 6 "the scale and appearance of the from residents to the proposed provide pre-determination comments proposal and its relationship to extension. The main grounds of on the application as it affects the its surroundings is not objection were that: setting of listed buildings and proposes acceptable particularly in the demolition of two listed tenement 1 "the proposal would result in the relation to the height and blocks with only the facade retention loss of an area of public open prominence of the proposed car of the most northerly tenement. These space to the rear of the existing park." As indicated above it is comments are set out in the Overgate Shopping Centre at considered that the proposal is of 'Consultations' section above. The North Lindsay Street." The area an acceptable design for the main concern related to the quality of in question is not allocated as location proposed. the new building and the poor public open space. The Dundee Civic Trust welcomed the elevational treatment of the facade applicants have advised that this development but also raised some onto Willison Street. These concerns area of open space will be concerns regarding design and traffic. were similar to those raised by A+DS. replaced as part of the main It is considered that these matters have The applicants have made changes to extension to the centre at the been addressed in the above improve the design of the facade onto new northern entrance. considerations. In terms of Willison Street. Historic Scotland 2 "the proposal is not necessary as permeability along the western edge it have not formally responded to these is considered that the access proposed changes but it is considered that the there is excess retail capacity within the City Centre." As and the location of the pedestrian applicants have made a positive outlined above the preamble to crossings allow for adequate response and significantly improved permeability to the centre from the the quality of the design. Policy 37 highlights that a retail capacity study undertaken on west. Historic Scotland will have the chance behalf of the Council has Drainage/Flooding Assessment to formally comment when the listed pointed to the scope to building application is referred to accommodate a significant The applicants were requested to them. increase in the City Centres undertake a Drainage/Flood comparison shopping provision. assessment. Whilst work has been Dundee - The Urban Design Guide Policy 37 identifies the Overgate progressing towards a positive The Guide seeks to inform everyone as an appropriate location for outcome on this matter no finalised involved in the development process to further expansion to assessment has as yet been submitted. create a better Dundee by utilising a accommodate the increase in Therefore in order to properly assess series of basic design principles. As comparison shopping provision. the impact of the development on indicated above it is considered that drainage and flooding in the area it Dundee City Council Development Quality Committee 27 February 2006 Page 10 Application No 05/00815/FUL will be necessary to impose a condition Design Ministers for their consideration prior on permission if granted requiring the to issuing permission. submission of a Drainage/Flood The current architects have followed a Recommendation 2 Assessment for consideration and more contemporary approach to the approval of the Council. architecture of the proposed extension. It is recommended that planning In doing this they have also maintained permission be GRANTED subject to Air Quality Assessment elements of the original Overgate the following conditions:- Initial air quality information was approach to the design and utilised 1 The development hereby submitted by the applicants. However some of the original finishing permitted shall be commenced further work undertaken on the materials. In response to comments on within five years from the date of transport assessment has made it potential improvements to the design this permission necessary to re-run the air quality from A+DS and officers the applicants model. At the time of drafting the have made revisions to the scheme. 2 Samples of all finishing materials Report the revised air quality These revisions have been a positive shall be submitted to the Council assessment had not been submitted for response to the comments made and for approval prior to the consideration. Therefore in order to resulted in significant improvements to commencement of development properly assess the impact of the the quality of the design of the scheme. and if approved the proposed development on air quality it will be It is considered that there are still development shall be carried out necessary to impose a condition on improvements that can be made to the using only the approved finishing permission if granted requiring the more detailed aspects of the design of materials. submission of an Air Quality the proposed elevations. This can be 3 Development shall not begin until Assessment for consideration and addressed through the imposition of a approval of the Council. condition. a scheme to deal with contamination on the site has Landscaping Given the positive amendments made been submitted to and approved to the design of the proposal by the in writing by the planning The applicants have advised that the applicants it is considered that the authority. The scheme shall extent of any new landscaping is proposal would result in an contain details of proposals to significantly restricted because the improvement to the visual appearance deal with contamination to development fills the site. However, of the area. include: where appropriate, (e.g. at West Port Corner) any new streetscape/landscape i the nature, extent and will be used to provide pedestrian CONCLUSION type(s) of contamination on friendly zones. Also, particular It is considered that the proposed the site attention will be given to the paving extension is in accordance with Town ii measures to treat/remove and interface details along the West Centres and Retailing Policy 3, Marketgait and at the West Port contamination to ensure that Environmental Resources Policy 6 and the site is fir for the sue junction to ensure continuity of quality Transport Policy 4 of the Dundee and proposed and finishes with that of the existing Angus Structure Plan 2001-20016, Centre. Policies 37, 55, 56, 65, 79 and 87 of iii measures to deal with contamination during As part of the original Overgate the Dundee Local Plan Review 2005 construction works application an avenue of trees was and National Guidance on retailing and established along the east side of West design. There are no material iv condition of the site on Marketgait. It is considered that given considerations that would justify a completion of the limited space for landscaping the departure to the provisions of the decontamination measures avenue of trees should be extended development plan in this instance. northwards up to the West Port Before any unit is occupied the junction. This along with landscaping RECOMMENDATION measures to decontaminate the at the West Port corner and South site shall be fully implemented as Ward Road frontage will improve the Recommendation 1 approved by the planning authority. visual appearance of the public realm In terms of Section 6(a) of the along the frontages of the proposed Schedule to The Town and Country 4 During the period 2300-0700hrs development. This can be achieved (Notification of Applications) total noise from all mechanical through a condition. (Scotland) Direction 1997 and electrical services shall not It is concluded from the foregoing that development for the purpose of retail exceed NR35 as measured 1m insufficient weight can be accorded to shopping comprising an area of 10,000 external to the facade of the any of the material considerations such sq. metres or more gross retail floor nearest residential as to justify the refusal of planning area requires to be referred to Scottish accommodation. permission contrary to the provisions Ministers for their consideration. The 5 Details of the proposals for the of the development plan. It is proposal is for a retail development of 1% for public art contribution therefore recommended that planning 20,000 sq. metres gross floor area. If and the timescale for its permission be granted with conditions. Members are minded to recommend implementation shall be approval of the application it will be submitted to the Council for necessary to refer it to Scottish approval before any development is commenced and if approved Dundee City Council Development Quality Committee 27 February 2006 Application No 05/00815/FUL Page 11 the development shall be carried facade and the associated new stay parking will be implemented out only in full accordance with build shall be submitted to the and maintained. such approved details . Council for approval prior to the 20 Details of provision for waste commencement of development 6 An Air Quality Assessment shall recycling facilities within the and if approved the proposed be submitted to the Council for proposed development shall be development shall be carried out approval prior to the submitted to the Council for only in full accordance with such commencement of development approval before any development approved details. and if approved the proposed is commenced and if approved development shall be carried out 13 No development or demolition the development shall be carried only in full accordance with such shall take place on the site until out only in full accordance with approved details. For the the applicant has secured the such approved details. The avoidance of doubt, any implementation of a programme approved scheme to deal with mitigation measures shall be of archaeological work in waste recycling shall be carried out in full accordance accordance with a written scheme operational prior to the first with such agreed details and shall of investigation which has been occupation of any of the be implemented prior to the submitted by the applicant and residential units. occupation of any of the retail approved by the Council. 21 Details of the scheme for the safe units hereby granted permission. 14 A Drainage/Flood Assessment management of the dedicated 7 The development shall consist of shall be submitted to the Council service yard at South Ward Road Class 1 non-food retailing with a for approval prior to the shall be submitted to the Council gross floor area not exceeding commencement of development for approval prior to the 20,000 sq. metres. and if approved the proposed commencement of development development shall be carried out and if approved the proposed 8 That a landscaping plan including only in full accordance with such development shall be carried out future maintenance shall be approved details. only in full accordance with such submitted to the Council for approved details. approval prior to the 15 The detailed design of all commencement of development elevations shall be submitted to 22 Details of the design of the new and if approved the proposed the Council for approval prior to build to the tenement facade development shall be carried out the commencement of retention in North Lindsay Street only in full accordance with such development and if approved the shall be submitted to the Council approved details. proposed development shall be for approval prior to the carried out only in full commencement of development 9 Details of the finis hing materials accordance with such approved and if approved the proposed for all external surfaces shall be details. development shall be carried out submitted to the Council for only in full accordance with such approval prior to the 16 No part of the development shall approved details . commencement of development commence trading until all of the and if approved the proposed improvements to the surrounding 23 The costs of implementing all of development shall be carried out road network have been the traffic management and only in full accordance with such completed to the satisfaction of infrastructure works set out in the approved details. the Council. Schedule to the TA shall be met by the applicant. 10 No part of the development shall 17 No part of the development shall be occupied until a Travel Plan commence trading until all of the Reasons has been submitted and approved traffic management and in writing by the Planning infrastructure works set out in the 1 To comply with Section 58 of the Authority. The Travel Plan will Schedule to the Transport Town and Country Planning identify the measures to be Assessment have been (Scotland) Act 1997. provided, the system of implemented and completed to 2 To ensure a satisfactory standard management, monitoring, review, the satisfaction of the Council. of appearance of the development reporting and duration of the 18 Details of the tree planting in the interests of the visual plan. scheme to continue the avenue of amenities of the area. 11 Details of the improved trees on West Marketgait shall be 3 To ensure that the site is fully pedestrian crossing facilities on submitted to the Council for investigated for any potential Willison Street/Bank Street shall approval prior to the contamination and that any be submitted to the Council for commencement of development contamination that is found is approval prior to the and if approved the proposed adequately dealt with prior to commencement of development development shall be carried out development. and if approved the proposed only in full accordance with such development shall be carried out approved details. 4 In the interests of residential only in full accordance with such amenity and to comply with the 19 The multi storey car park shall be approved details. Council’s standards for the for variable stay parking only and control of night-time noise. 12 Details of the scheme of works the pricing policy as operated by for retaining the listed tenement Dundee City Council for variable Dundee City Council Development Quality Committee 27 February 2006 Page 12 Application No 05/00815/FUL 5 To ensure that an appropriate Policy 87 City Centre Car scheme of public art is contained Parking of the Dundee Local Plan within the development proposals Review 2005. and that the scheme is fully 20 To ensure the site has adequate implemented prior to the waste recycling provision in the development being completed. interests of the amenity of the 6 To ensure that the proposed area. development does not result in a 21 In the interests of vehicular and detrimental impact on air quality pedestrian safety. in the area. 22 To ensure that the visual 7 To conform with the approved appearance of the proposed shopping policies of the development is to an acceptable development plan. quality. 8 To ensure a satisfactory standard 23 To make it clear that all of the of appearance of the development costs necessary to implement the in the interests of the visual identified works shall be borne amenities of the area. by the applicant only. 9 To ensure a satisfactory standard

of appearance of the development in the interests of the visual amenities of the area. 10 To be consistent with the requirements of SPP17 Planning for Transport. 11 In the interests of traffic and pedestrian safety. 12 To ensure that the works maintain the character and visual appearance of the listed tenement facade in North Lindsay Street. 13 The site is in an area of archaeological interest and it is considered important to ensure that items of archaeological interest are protected and recorded and salvaged if appropriate. 14 To ensure that the development can be satisfactorily drained and without any impact in terms of flooding. 15 To ensure that the visual appearance of the proposed development is to an acceptable quality. 16 In the interests of vehicular and pedestrian safety. 17 In the interests of vehicular and pedestrian safety. 18 To continue the existing the avenue of trees northwards on the west side of Marketgait ensuring the visual appearance of the proposed development is to an acceptable quality. 19 In order to ensure that the car park is operated for variable stay parking only in accordance with Dundee City Council Development Quality Committee 27 February 2006