Application No 05/00817/FUL Item 3 Page 18 KEY INFORMATION Ward Tay Bridges

Proposal

Erection of 3 storey extension to existing Bank Street Car Park (Units U18 and L18)

Address

Land to East of West Marketgait Overgate Lane Dundee

Applicant

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

Agent Bigger Shop Units for Overgate

Keppie Planning 160 West Regent Street Centre GLASGOW G2 4RL

Registered 9 Sept 2005 The Erection of 3 storey extension to west of existing Bank Street Car Park (Units U18 and L18) is RECOMMENDED FOR APPROVAL SUBJECT TO CONDITIONS. Report by Director of Planning and Case Officer Gordon Reid Transportation

RECOMMENDATION SUMMARY OF REPORT The proposed · Planning permission is sought for the erection of a 3 storey extension to the west of the development is existing Bank Street Car Park to enlarge units U18 and L18 at the Overgate Shopping Centre, considered to be in Dundee. accordance with the · The proposed extension raises issues for consideration in terms of Town Centres and provisions of the Retailing Policy 3 of the Dundee and Angus Structure Plan 2001-20016, Policies 37 and 55 of development plan. the Dundee Local Plan Review 2005 and Section 64 of the Planning (Listed Buildings and The application is Conservation Areas) (Scotland) Act 1997. recommended for · Two letters of objection were received to the proposed development. The main concerns APPROVAL subject to raised related to the loss of an existing high quality area of public open space, that there is no conditions. need for additional retail floor area, existing retailers would be drawn from other parts of the city centre to the new extension, the proposal is contrary to national guidance and the adopted local plan and that the design is inappropriate. · It is considered that the proposed extension is in accordance with Town Centres and Retailing Policy 3 of the Dundee and Angus Structure Plan 2001-20016, Policies 37 and 55 of the Dundee Local Plan Review 2005 and Section 65 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. There are no material considerations that would justify a departure to the provisions of the development plan in this instance.

Dundee City Council Development Quality Committee 27 February 2006 Application No 05/00817/FUL Page 19 Policy 37: Extending and Upgrading 1 the proposal would result in the DESCRIPTION OF PROPOSAL Shopping Provision in the City Centre. loss of an area of high quality public open space to the rear of Planning permission is sought for the Policy 55: Urban Design. the existing Overgate Shopping erection of a 3 storey extension to the Centre. west of the existing Bank Street Car Scottish Planning Policies, Park to enlarge units U18 and L18 at Planning Advice Notes and 2 the proposal is not necessary as the Overgate Shopping Centre, there is excess retail capacity Dundee. Circulars within the City Centre. The extension has been designed and The following is of relevance: 3 the proposal will draw major uses materials to complement the retailers out of other parts of the Section 64 of the Planning (Listed design of the existing Overgate City Centre. Buildings and Conservation Areas) Shopping Centre. (Scotland) Act 1997. 4 the proposal is contrary to the The 3 storey extension will link into objectives of emerging national the existing centre and enlarge policy SPP8 Town Centres. units U18 and L18. The gross floor area of the extension is to 5 the proposal is contrary to the Dundee Local Plan Review be 2000 sq. metres. The main access to the enlarged unit will 2005. be from the existing centre. 6 the appearance of the The applicants have indicated proposal and its relationship that there may be an additional to its surroundings is not access from the Bank Street acceptable. side of the extension dependent on the future occupier of the Non Statutory Statements of Copies of the letters of objection unit. are available in the Members Lounges Council Policy and the issues raised are discharged in The submitted drawings include a new the Observations Section of this report. plant/machinery room on the roof of There are no non statutory Council the extension. policies relevant to the determination CONSULTATIONS of this application. SITE DESCRIPTION The Head of Environmental Health LOCAL AGENDA 21 and Trading Standards advised that he The application site is located to the had no objection to the proposed north of the existing Overgate Key Theme 7 is relevant to the development subject to a condition Shopping Centre, to the west of the consideration of this application and being imposed on any permission Bank Street Car Park and to the east of seeks to ensure that access to facilities, granted stating that: "during the period the existing access into the Overgate services, goods and people is not 2300-0700hrs total noise from all from Bank Street/Willison Street. The achieved at the expense of the mechanical and electrical services shall site extends to approximately 0.14 environment and are accessible to all. not exceed NR35 as measured 1m hectares and slopes from north to It is considered that the proposed external to the facade of the nearest south. The site is currently landscaped development meets the aims of this residential accommodation." to a high standard and forms an area of Key Theme public open space with seating areas Architecture and Design Scotland were and cycle stands. consulted and made no comment on SITE HISTORY this aspect of the current proposals to To the north of the application site is There is no site history of relevance to extend the Overgate Shopping Centre. the boundary of the Central Area the consideration of this application. Conservation Area. No adverse comments were received from any of the other statutory POLICY BACKGROUND PUBLIC PARTICIPATION consultees. The applicant carried out the statutory OBSERVATIONS Dundee and Angus Structure notification of neighbours and the Plan 2001-2016 proposal was advertised in the In accordance with the provisions of "Dundee Courier and Advertiser" on Section 25 of the Act the Committee is The following policies are of the 20 September 2005 as affecting the required to consider: relevance: setting of a Conservation Area in terms of Section 65 of the Planning (Listed a whether the proposals are Town Centres and Retailing Policy 3: Buildings and Conservation Areas) consis tent with the provisions of Dundee Central Area. (Scotland) Act 1997. the development plan; and if not Dundee Local Plan Review 2005 Two letters of objection were received b whether an exception to the to the proposed extension. The main provisions of the development The following policies are of grounds of objection were that: plan is justified by other material relevance: considerations.

Dundee City Council Development Quality Committee 27 February 2006 Page 20 Application No 05/00817/FUL The Development Plan accommodate the level of floorspace the character or appearance of that proposed. As the Overgate is area. Whilst, the proposal is not The provisions of the development identified for accommodating located within the Central Area plan relevant to the determination of additional floorspace the proposal is in Conservation Area it is adjacent to it. this application are specified in the an acceptable location. The impact on the setting of the Policy background section above. Conservation Area requires to be It is considered that the proposed assessed. As indicated above it is The proposal is for the erection of a 3 development is in accordance with considered that the proposal is of an storey extension containing 2000 sq Policy 37. acceptable quality of design. It will metres gross floor area to the west of Policy 55: Urban Design seeks to also be located adjacent to the existing the existing Bank Street Car Park to ensure that all new developments place Bank Street Car Park. Given the enlarge units U18 and L18 at the emphasis on design quality and the design and location of the extension it Overgate Shopping Centre. creation of new public spaces and is considered that it would not have a Dundee and Angus Structure points of interest which incorporate detrimental affect on the character or architectural and landscape features appearance of the conservation area. Plan 2001-2016 and reflect the historic street layouts, The proposed development includes significant views and vistas. In Town Centres and Retailing Policy 3: the installation of new plant and addition, the Policy seeks that all Dundee Central Area seeks to machinery on the roof of the extension. developments will, in its design and reinforce Dundee Central Area's role The applicants have advised that the layout, be expected to contribute to an as one of Scotland's key centres specification of the plant and environment which is safe and providing a focus for retailing and machinery and therefore the potential accessible to all. The proposed related activities. One of the means noise output are as yet not finalised. development will result in the loss of identified to achieve this is by The Head of Environmental Health an existing landscaped open space to supporting further retail development and Trading Standards advised that it the north of the Overgate Centre. As in the central area, including the is unlikely that residents in the part of the larger extension to the extension of the prime shopping area, surrounding area would be subject to Overgate Centre to the north (Planning where this can be suitably integrated disturbance from noise from the new Application 05/00815/FUL refers) a with the existing shopping area. plant and machinery given its location. new public open space is to be created. However, he advised that as the final The proposed development is for an This will be the new main access from noise output levels are not available a extension to the Overgate Shopping the north. Therefore, while an existing condition should be imposed to ensure Centre which is located within the area of public open space will be lost a that disturbance from noise does not existing prime shopping area. Access satisfactory replacement will be become a problem to residents from to the extension would be from the created as part of the larger extension the new plant and machinery existing centre. It is considered that to the Overgate Centre. particularly in the evening. The the proposed extension would extend The current architects have followed a proposed condition is outlined in the the prime shopping area in a suitably more contemporary approach to the "Consultations" section of this Report. integrated manner and would reinforce architecture of the proposed extension. the success of the existing Overgate Two letters of objection were received In doing this they have however Shopping Centre. to the proposed extension. The main maintained elements of the original grounds of objection were that: The proposal is considered to be in Overgate approach to the design and accordance with Town Centres and utilise some of the original finishing 1 "the proposal would result in the Retailing Policy 3 materials. It is considered that given loss of an area of high quality the location of the extension the design public open space to the rear of Dundee Local Plan Review 2005 proposed is of an acceptable quality. the existing Overgate Shopping The proposal also maintains the Centre." The area in question is Policy 37: Extending and Upgrading existing and historic street patterns not allocated as public open Shopping Provision in the City Centre with the northern access into the space. The applicants have supports an extension of the Overgate Overgate centre remaining in place. advised that this area of open Centre as part of accommodating a space will be replaced as part of major element of the new comparison It is considered that the proposal is in the main extension to the centre goods floorspace requirement in the accordance with Policy 55. at the new northern entrance. City Centre. In the preamble to the It is concluded from the foregoing that Policy it is highlighted that a retail 2 "the proposal is not necessary as the proposal complies with the capacity study undertaken on behalf of there is excess retail capacity provisions of the development plan. the Council has pointed to the scope to within the City Centre." As accommodate a significant increase in Other Material Considerations outlined above the preamble to the City Centres comparison shopping Policy 37 highlights that a retail provision. The proposal is for an The other material considerations to be capacity study undertaken on additional 2000 sq. metres of taken into account are as follows: behalf of the Council has comparison shopping floorspace in the pointed to the scope to Section 64 of the Planning (Listed form of a 3-storey extension to units accommodate a significant Buildings and Conservation Areas) U18 and L18 of the Overgate shopping increase in the City Centres (Scotland) Act 1997 seeks to ensure Centre. In terms of capacity it is comparison shopping provision. that special attention be paid to the considered that there is scope to Policy 37 identifies the Overgate desirability of preserving or enhancing Dundee City Council Development Quality Committee 27 February 2006 Application No 05/00817/FUL Page 21 as an appropriate location for Dundee and Angus Structure Plan Reasons further expansion to 2001-20016, Policies 37 and 55 of the accommodate the increase in Dundee Local Plan Review 2005 and 1 To comply with Section 58 of comparison shopping provision. Section 64 of the Planning (Listed the Town and Country Planning Buildings and Conservation Areas) (Scotland) Act 1997. 3 "the proposal will draw major (Scotland) Act 1997. There are no retailers out of other parts of the 2 To ensure that the visual material considerations that would City Centre." The applicants appearance of the proposed justify a departure to the provisions of have indicated that there is development is to an acceptable the development plan in this instance. demand for larger units not quality. available elsewhere in the city 3 In the interests of residential centre. The proposal will RECOMMENDATION amenity and to comply with the provide units of a different scale It is recommended that planning Council’s standards for the to elsewhere in the City Centre. permission be GRANTED subject to control of night-time noise. 4 "the proposal is contrary to the the following conditions:- 4 To ensure that the proposed objectives of emerging national 1 The development hereby development can be drained in a policy SPP8 Town Centres." It permitted shall be commenced satisfactory manner. is considered that as the proposal within five years from the date is for an extension to an existing of this permission. 5 To ensure a satisfactory standard shopping centre located within of appearance of the the identified central shopping 2 Samples of all finishing development in the interests of area it conforms to national materials shall be submitted to the visual amenities of the area. planning guidance. the Council for approval prior to the commencement of 6 To ensure that the visual 5 "the proposal is contrary to the appearance of the proposed development and if approved the Dundee Local Plan Review proposed development shall be development is to an acceptable 2005." As outlined above it is carried out using only the quality. considered that the proposal is in approved finishing materials. accordance with the relevant policies of the Local Plan 2005. 3 During the period 2300-0700hrs total noise from all mechanical 6 "the appearance of the proposal and electrical services shall not and its relationship to its exceed NR35 as measured 1m surroundings is not acceptable." external to the facade of the As indicated above it is nearest residential considered that the proposal is of accommodation. an acceptable design for the location proposed. 4 Details of the proposed surface water and foul drainage It is concluded from the foregoing that arrangements shall be submitted insufficient weight can be accorded to to the Council for approval prior any of the material considerations such to the commencement of as to justify the refusal of planning development and if approved the permission contrary to the provisions proposed development shall be of the development plan. It is carried out only in full therefore recommended that planning accordance with such approved permission be granted with conditions. details. Design 5 A detailed landscaping scheme shall be submitted to the Council The current architects have followed a for approval prior to the more contemporary approach to the commencement of development architecture of the proposed extension. and if approved the proposed In doing this they have also maintained development shall be carried out elements of the original Overgate only in full accordance with approach to the design and utilised such approved details. some of the original finishing materials. Taking into account the 6 Details of the trees to be retained location of the extension it is and replanting proposals shall be considered that the design proposed is submitted to the Council for of an acceptable quality. approval prior to the commencement of development CONCLUSION and if approved the proposed development shall be carried out It is considered that the proposed only in full accordance with extension is in accordance with Town such approved details. Centres and Retailing Policy 3 of the Dundee City Council Development Quality Committee 27 February 2006