City Chambers DUNDEE DD1 3BY
7th May, 2021
Dear Sir or Madam
You are requested to attend a MEETING of the PLANNING COMMITTEE to be held remotely on Monday, 17th May, 2021 at 5.00 pm.
Members of the Press or Public wishing to join the meeting should contact Committee Services on telephone (01382) 434205 or by email at [email protected] by no later than 12 noon on Friday, 14th May, 2021.
Yours faithfully
GREGORY COLGAN
Chief Executive
AGENDA OF BUSINESS
1 DECLARATION OF INTEREST
Members are reminded that, in terms of The Councillors Code, it is their responsibility to make decisions about whether to declare an interest in any item on this agenda and whether to take part in any discussions or voting.
This will include all interests, whether or not entered on your Register of Interests, which would reasonably be regarded as so significant that they are likely to prejudice your discussion or decision-making.
2 DEPUTATIONS
(a) 20-00423-FULM - PROPOSED ERECTION OF 150 HOUSES WITH SUDS, ROADS AND LANDSCAPING ON ALLOCATED SITE H45 – LAND TO THE EAST OF BALLUMBIE ROAD, DUNDEE - FOR STEWART MILNE HOMES NORTH
Requests have been made for a deputation to address the Committee relative to objections to and in support of the abovementioned application which is recommended for approval.
(b) 20-00823-FULM - ERECTION OF 16 HOUSES WITH ASSOCIATED INFRASTRUCTURE - FORMER WALLED GARDEN, LINLATHEN GROVE , BROUGHTY FERRY , DUNDEE - FOR KIRKWOOD HOMES LIMITED
Requests have been made for a deputation to address the Committee relative to objections to and in support of the abovementioned application which is recommended for approval.
(c) 20-00824-FULM - ERECTION OF 15 HOUSES WITH ASSOCIATED INFRASTRUCTURE LAND NORTH OF 1-19 LINLATHEN GROVE, BROUGHTY FERRY, DUNDEE – FOR KIRKWOOD HOMES LIMITED
Requests have been made for a deputation to address the Committee relative to objections to and in support of the abovementioned application which is recommended for approval. t:\documents\planning\agenda and reports\2021\170521\170521pl.doc 2
3 PLANNING APPLICATIONS
(Copy enclosed).
17 May 2021
Planning Applications
Reports by Head of Planning & Economic Development to the Planning Committee
Item No Case No/Ward Location Page
1 20/00423/FULM Land To East Of, Ballumbie Road, Dundee 1 W06-North East
2 20/00823/FULL Former Walled Garden, Linlathen Grove, Broughty 30 W08-The Ferry Ferry, Dundee
3 20/00824/FULL Land to North of 1-19, Linlathen Grove, Broughty 57 W08-The Ferry Ferry, Dundee
4 21/002/HAZREV Site, 50 East Dock Street, Dundee 84 W05-Maryfield
Members may be aware that in making any determination under Planning Legislation, it shall be made in accordance with The Development Plan, unless material planning considerations indicate otherwise. NB: Background papers relating to these reports comprise letters of objection, correspondence with the applicants and/or their agents, comments from consultees and the Development Plan and other policy documents referred to.
Application No 20/00423/FULM Item 1 Page 1
evelProposed Erection of 150 Houses With Suds, Roads and Landscaping On Allocated Housing Site H45, Land To East of Ballumbie Road
KEY INFORMATION Ward North East Address Land to East of Ballumbie Road, Dundee
Applicant Stewart Milne Homes North Osprey House, Mosscroft Avenue, Westhill Industrial Estate, Aberdeen
Agent None
Registered 21 July 2020 Report by Head of Planning & Economic Development Contact: Claire Myles SUMMARY OF REPORT • Planning permission is sought for 150 houses with associated SuDS, roads and landscaping on the undeveloped part of allocated housing site H45. • The application is not fully in accordance with Policy 54 of the Development Plan however there are material considerations of sufficient weight which justify approval of planning permission. • The applicant has undertaken pre-application consultation with members of the public in accordance with the requirements for a Major planning application. • The statutory neighbour notification process was undertaken and the application advertised in the local press. A total of 50 representations were received including 48 letters of objection. • In accordance with Dundee City Council's scheme of delegation, this application is to be determined by the Planning Committee as it is classed as a Major development as identified in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. • More details can be found at: http://idoxwam.dundeecity.gov.uk/idoxpa- web/applicationDetails.do?keyVal=QDEAA3GCKH800&activeTab=summary
RECOMMENDATION The proposal is in not fully in accordance with Policy 54 of the Development Plan. There are material considerations of sufficient weight to justify approval of planning permission. It is therefore recommended that planning permission be APPROVED subject to conditions and a Section 75 Obligation to secure developer contributions towards education infrastructure.
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1 DESCRIPTION OF PROPOSAL
1.1 The application is for 150 houses offering a mix of 11 house types of semi-detached and detached two storey 3, 4 and 5 bedroom homes with associated Suds and hard and soft landscaping.
1.2 The proposal is for phase 2 of a 2 phase development of an allocated greenfield housing site H45. Planning permission for 76 houses (Phase 1) was approved in 2019 (19/00128/FULM).
1.3 In-curtilage parking and front and rear gardens are proposed on all plots with single or double garages also proposed for specific house types across the site.
1.4 A varied palette of finishing materials is proposed across the site with feature corner plots to add visual interest. The mix of house types has been amended during the application process.
1.5 Landscaping is integrated into the design and layout with feature SuDS, new tree lined pedestrian routes, mature trees along the boundary edge retained and seating and informal play equipment proposed along pedestrian routes and green spaces.
1.6 The applicant has submitted the following in support of the application:
• Design & Access Statement;
• Transport Assessment;
• Flood Risk Assessment;
• Drainage Scheme;
• Tree Survey;
• Landscape Strategy;
• Protected Species Survey;
• Contaminated Land Assessment; and
• Pre-Application Consultation Report.
Dundee City Council Planning Committee 17 May 2021 Application No 20/00423/FULM Page 3
Figure 1 – Proposed Site Plan
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Figure 2 – Proposed Street View
Dundee City Council Planning Committee 17 May 2021 Application No 20/00423/FULM Page 5
2 SITE DESCRIPTION
2.1 The development site is located on the north east outskirts of Dundee and covers an area of 11.5 ha.
2.2 Phase 1, comprising of 76 houses, of the wider development site (H45) is under construction to the south. The site consists predominantly of a golf course featuring managed grassland and planted scattered trees. A dry-stone wall runs the length of the western boundary along Ballumbie Road.
2.3 Immediately south and west of the site are residential developments. Directly to the north of the site is a deciduous woodland which connects to woodland surrounding Ballumbie House and Ballumbie Castle. The golf course extends to the east.
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Figure 3 – Houses Fronting Ballumbie Road (Phase 1)
Figure 4 – Proposal Site with Rooftops of Phase 1 in Background
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3 POLICY BACKGROUND
3.1 The following plans and policies are considered to be of direct relevance:
TAYPlan 2016-2036 Policy 1: Location Priorities Policy 2: Shaping Better Quality Places Policy 4: Homes
DUNDEE LOCAL DEVELOPMENT PLAN 2019 Policy 1: High Quality Design and Placemaking Policy 2: Public Art Contribution Policy 9: Housing Land Release Policy 10: Design of New Housing Policy 20: Funding of On and Off Site Infrastructure Provision Policy 28: Protecting and Enhancing the Dundee Green Network Policy 30: Green Infrastructure Maintenance Policy 34: Protected Species Policy 35: Trees and Urban Woodland Policy 36: Flood Risk Management Policy 37: Sustainable Drainage Systems Policy 41: Land Contamination Policy 44: Waste Management Requirements for Development Policy 46: Delivery of Heat Networks Policy 48: Low and Zero Carbon Technology in New Development Policy 54: Safe and Sustainable Transport Policy 56: Parking
Supplementary Guidance – Developer Contributions Supplementary Guidance – Low and Zero Carbon Generating Technology (Draft)
3.2 There are no other plans, policies and non-statutory statements that are considered to be of direct relevance.
4 SITE HISTORY
4.1 Planning Application Notice (reference: 18/00633/PAN) was submitted in August 2018 for residential development, associated infrastructure, open space and landscaping.
4.2 Advertisement consent (reference: 19/00334/ADV) for a V shaped stack sign associated with the proposed housing development was approved in 2019.
4.3 Planning permission (reference: 19/00451/FULL) for the erection of a temporary sales cabin and associated car parking was approved in 2019.
4.4 Planning permission (reference: 19/00128/FULM) for 76 houses (Phase 1) was approved in 2019.
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5 PUBLIC PARTICIPATION
5.1 A Pre-application Consultation Report has been submitted with this Major planning application. This sets out what has been done during the pre-application phase to comply with the statutory requirements for pre-application consultation with the public. It outlines the public event that was held and the public comments received prior to submitting the application.
5.2 The statutory neighbour notification procedure has been undertaken and the application advertised in the local press.
5.3 A total of 50 representations have been received which includes 48 objections raising the following material considerations:
• inadequate primary school capacity; • inadequate capacity in doctor’s surgery; • road too narrow/inadequate for traffic proposed/traffic speeds too high; • impact on wildlife; • disruption during construction – noise/parking/pollution from construction traffic; • insufficient open space for the development; • improvements will be required to Berwick Drive/Drumgeith Road junction; • footpath on Ballumbie Road not sufficient for development (not wide enough and gap to south); • there will be too many junctions on Ballumbie Road; • loss of golf holes/course/green space; • concern over on-going risk of flooding on the Fithie Burn; • amount of houses encroaching on green belt land is having an adverse impact on the residential areas already there; • lack of amenities in the area; • significant impact on the residents in Burnside of Duntrune (Murroes and Wellbank Community Council, Angus); • inadequate public transport provision; • houses are a burden to the area; • loss of privacy; • street lights beyond phase 1 boundary so a “done deal”; • increased pedestrian traffic to Ballumbie Castle Estate; • development will have a detrimental impact on a conservation area; and • impact on resident’s safety due to proximity of houses to golf course.
5.4 A representation was received from Dundee Civic Trust who noted that the development was in accordance with the development plan housing site allocations. The Trust raised the following material considerations:
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• lack of communal open space; • junction improvements required; • no indication of public art contribution; • footpath on the east side of Ballumbie Road is not linked southwards to the existing footpath; • stone wall on Ballumbie Road is not extended for the full length of the development; and • concerned that a link road is being built in phase1 that potentially opens up the opportunity for further development into land in the Angus Council area. This should be resisted. The area is not appropriate for housing development over and above the existing allocation. 5.5 Concern was also raised in the representations to loss of view. However, this is not a valid material planning consideration.
5.6 The valid grounds of representation are taken into account in the material considerations section of this report.
6 CONSULTATIONS
6.1 Scottish Water – has no objection to the application.
6.2 SEPA – has no objection to the application on flood risk grounds. A condition is recommended to ensure that a site waste management plan (SWMP) is submitted, showing which waste materials are going to be generated and how they are going to treated and disposed. Further, SEPA recommend that substantial developments ensure their heat demand is met from district heating, subject to the outcome of a feasibility statement. SEPA state that the development must enable connection to a heat network or heat producer, unless it can be demonstrated to the planning authority that this would not be feasible. An Energy Statement informed by a Feasibility Study should be provided for assessment by the planning authority demonstrating how the proposal will meet the requirements for providing district heating onsite.
6.3 Sportscotland - has no objection to the application subject to a condition. Given the proximity of the new residential development to an active golf course, consideration should be given in the design to features that would mitigate stray golf balls and ensure no conflict between these different uses. As such Sportscotland request a condition that a mitigation scheme to minimise the risk of golf balls is submitted by the developer and agreed by the Planning Authority, in consultation with Sportscotland and thereafter implemented on commencement of construction. The reason for this is to avoid conflict between residential and sporting uses and for reasons of health and safety.
6.4 Angus Council – has no objection to the application.
6.5 Archaeology Consultant - has no comment on the application.
6.6 Head of Sustainable Transport and Roads – the conclusions of the Transport Assessment are agreed. The roads leading to the site have capacity to cater for the proposed development, the proposed access location meets current guidelines and the main junction meets current visibility requirements. It is recommended that conditions are attached to any planning permission granted to ensure the development meets the Council’s road standards and specifications; vehicle and pedestrian safety; promotes sustainable modes of transport and to ensure that surface water from within the curtilage of the site does not drain to the adjacent adoptable/adopted road.
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6.7 Head of Community Safety and Protection – has commented on contamination matters and has advised that chemical testing is required for the areas of proposed garden ground which is the same as for phase 1. It is recommended that conditions are attached to any planning permission granted to request that this further investigation work is completed and if necessary a remediation strategy is submitted for written approval by the Council prior to the commencement of development.
6.8 Head of Environment – a Tree Constraints and Protection report and an indicative landscape strategy has been submitted for review outlining the landscaping proposals, tree retention and new tree planting. Conditions are recommended requiring approval of final landscaping details and to secure tree protection measures are implemented as outlined in the Tree Constraints and Protection report.
6.9 A Phase 1 Habitat and Protected Species Survey was updated in October 2020 for the phase 2 application. The Head of Environment agrees with the findings of the survey report. It is considered the proposal will not have a significant effect on a European protected species.
77 DETERMININGDETERMINING ISSUESISSUES
7.1 Section 25 of the Town and Country Planning Act 1997 as amended provides that an application for planning permission (other than for a national development) shall be determined in accordance with the Development Plan unless material considerations indicate otherwise.
THE DEVELOPMENT PLAN
7.2 The provisions of the Development Plan relevant to the determination of this application are specified in the Policy Background section above.
TAYPLAN 2016 – 2036
7.3 Policy 1: Location Priorities - states that the principal settlements within the region have the potential to accommodate the majority of development in the region, and that the re-use of previously developed land and buildings should be priorities; Dundee's core area is identified as a Tier 1 principal settlement.
7.4 The proposed residential development is located on the northeast side of Whitfield which has an established residential character in Dundee. Whilst the site is greenfield land it is bound to the south and west by residential properties. To the south of the development site, planning permission was granted by the Planning Committee in August 2019 for 76 houses (19/00128/FULM) as Phase 1 of the development of an allocated greenfield site (H45). The proposal would see the remaining area of an allocated greenfield site identified in the Local Development Plan developed for 150 units as part of Phase 2 of the development.
7.5 The proposal would therefore satisfy Policy 1.
7.6 Policy 2: Shaping Better Quality Places - Policy 2 seeks to deliver better quality and distinctive places through the arrangement, layout, design, density and mix of developments in the local design contexts with consideration for development to achieve lifetime communities, are accessible, resilient and resource efficient.
7.7 The proposal is for a mix of 3, 4 and 5 bedroom semi-detached and detached dwellings. New footpaths will be created to provide access through the site and link the development to the
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surrounding area. Green infrastructure is to be retained and enhanced as part of the proposal. The proposal responds positively and sensitively to local features which respect the semi-rural area. The proposed design and layout will create a positive place with a strong sense of identity.
7.8 The proposal would therefore satisfy Policy 2.
7.9 Policy 4: Homes - requires local development plans to identify appropriate land to be allocated for housing to ensure a generous supply of effective housing sites. This includes provision of a mixture of sites to ensure an effective supply of housing which meet the needs of the region.
7.10 The application site is allocated within the Dundee Local Development Plan 2019 for housing as site H45 Land to East of Ballumbie Road with an indicative capacity of 150 units. Development of this part of the allocated site will contribute to the mix of housing types, size and tenures in the local area.
7.11 The proposal would therefore satisfy Policy 4.
DUNDEE LOCAL DEVELOPMENT PLAN 2019
7.12 Policy 1: High Quality Design and Placemaking – all development proposals should follow a design-led approach to sustainable, high quality placemaking. Development should contribute positively to the quality of the surrounding built and natural environment and should be planned and designed with reference to climate change mitigation and adaptation. The design and siting of development should respect the character and amenity of the place, create a sense of community and identity, enhance connectivity and incorporate creative approaches to urban design, landscaping and green infrastructure, appropriate to the local context and the scale and nature of the development. New development will be required to meet the six qualities of successful place in accordance with the guidance provided in Appendix 1.
7.13 In respect of Appendix 1, the developer has responded as follows:
7.14 Distinctive
The proposals respond to the wider site context and Phase 1 of the development. The design is bespoke to the site and its wider context enhancing the identity of this part of Dundee. The development provides quality pedestrian links to proposed open spaces and the paths being provided to existing areas of open space. Careful consideration has been given to landscape within the boundaries of the application site to ensure that the landscaping is used to enhance the quality of design. Changes in housing materials are provided at key locations and landscaping changes mimic these changes in housing materials adding to the distinctiveness of the development
7.15 Safe And Pleasant
Buildings have been designed to address open space and streets providing natural safety and inclusive places. Pedestrian safety within the development is inherent in the layout. Natural surveillance is afforded through active frontages. The development will provide appropriate street lighting reflecting Dundee City Council’s standards.
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7.16 Easy To Get To/Move Around
The site is well connected in terms of public transport and is adjacent to a bus route through the new footpath to Peebles Drive. The application site links seamlessly to the neighbouring development and ties to the path network linking to the wider area.
7.17 Welcoming
The development is well detailed and the use of colour and texture in materials are used to emphasise key nodes and vistas. On occasion, feature buildings have been used to add emphasis to a vista. The development provides an active street frontage internally but also addresses Ballumbie Road. It provides safe and secure pedestrian connections through the development and to the wider area. Public Art in the form of “Poetry Seating” will help enhance and define the place.
7.18 Adaptable
The houses are designed to meet the future requirements of its occupants with specific reference to adaptation for ground floor living. The homes also afford opportunities for flexibility to accommodate home working. A range and mix of house types is provided.
7.19 Resource Efficient
The design of the site maximises the use of this greenfield site. Spaces are planned for the storage and collection of recycling and food waste in line with Dundee City’s requirements. The homes will be built to meet energy efficiency standards with particular focus on passive measures and minimising the need to generate energy. Low and zero carbon technologies will be used where appropriate.
7.20 The proposed residential development offers a range of house types and sizes and will make a positive contribution to the residential neighbourhood in the northeast of the city. The design and layout of the phase 2 development has been sensitively considered to respect the character and amenity of the surrounding area. An indicative Landscape Strategy has been submitted which shows a neighbourhood with a network of footpaths connecting the streets to areas of open space, woodland parks and to the wider community. The developer notes in the Design and Access Statement that the aim is to create an environment which supports a happy healthy lifestyle and also encourages social interaction with varying sized pockets of communal, landscaped open space providing a variety of environments in which to sit and enjoy. Disabled access has been considered as part of the overall accessibility. A condition is recommended to ensure a final landscape strategy is submitted for written approval prior to the commencement of development.
7.21 The proposed development will create a vibrant and attractive place which is accessible and well connected with high quality green infrastructure promoting visual quality and encouraging social interaction and activity.
7.22 The proposal is in accordance with Policy 1, subject to conditions.
7.23 Policy 2: Public Art Contribution – all developments in Dundee with construction costs of £1 million or over will be required to allocate at least 1% of construction costs for the inclusion of art projects in a publicly accessible/visible place or places within the development.
7.24 The applicant has submitted a proposal for public art as part of the Phase 1 development and it is proposed that this is carried through into Phase 2. Bespoke seating is proposed in the new green spaces to be created within the development. In principle this is acceptable and
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therefore it is recommended that the final details and implementation of the art project is secured by condition.
7.25 The proposal is in accordance with Policy 2, subject to conditions.
7.26 Policy 9: Housing Land Release – Priority will be given to the development of the allocated brownfield and greenfield sites.
7.27 This is an allocated greenfield site in the Local Development Plan (H45) with an indicative capacity of 150 units. This application relates to the north part of the wider site with phase 1 for 76 houses to the south approved by the Planning Committee in August 2019 (19/00128/FULM). The Local Development Plan indicates an indicative capacity only and the applicant has demonstrated that the wider site can accommodate 226 units in a high quality layout.
7.28 The proposal is in accordance with Policy 9.
7.29 Policy 10: Design of New Housing – the design and layout of new housing developments in Dundee should be of a high quality and contribute to creating places that respect and enhance the distinct character and identity of the different parts of the city. All new housing developments should meet the six qualities of successful place, as set out in Policy 1 and should provide a balanced choice and type of housing. All new housing developments will be required to conform to the guidance on the Design of New Housing set out in Appendix 4. All new housing developments will need to ensure that the design and layout respects and enhances the character of adjoining properties and the surrounding area and does not have a detrimental impact on residential amenity and parking.
7.30 The proposal is required to meet the suburban standards for houses set out in Appendix 4 which requires the following:
7.31 House Type - in general, 75% of houses should have 3 or more bedrooms or a minimum gross internal floor area of 100m2.
7.32 Response – the proposal is for a development of 3, 4 and 5 bedroom houses. This standard is met.
7.33 Car Parking – all car parking should be located within the curtilage of each house. All tenures should have at least 1 space. Private houses with 3 bedrooms should have at least 2 spaces. Private houses with 4 or more bedrooms should have at least 3 spaces.
7.34 Response – in curtilage parking is proposed for all housing plots. All 3 bedroom properties have 2 spaces or more and all 4 and 5 bedroom properties have 3 spaces or more. Full details showing compliance with this standard has been provided (Drawing Number 5274 BALLUMBIE RISE-PH2-MASTER SITE MATRIX V23 REV B). Some plots have more provision than required as the result of a single or double garage and driveway. This standard is met.
7.35 Cycle Provision - one secure, covered space per house must be provided unless a suitable garage or other secure area is provided within the curtilage of the house.
7.36 Response – the proposed site plan shows secure provision will be provided for the plots without a garage. Cycle storage by way of a timber garden shed has been provided for the plots completed in Phase 1. A condition is recommended to ensure that details of the type and location of the secure cycle storage are submitted to the Planning Authority for approval
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and that the storage is provided prior to the occupation of the house. This standard is satisfied, with the inclusion of a condition.
7.37 Amenity/Garden Ground - greenfield sites will provide an average private useable garden ground of 160m2 per house with a minimum garden size of 120m2. The provision for mid terrace houses may be relaxed. Mid terrace garden should be serviceable by a private path to the street.
7.38 Response – the size of the rear gardens ranges from 120m2 – 322m2 (Drawing Number 5274 BALLUMBIE RISE-PH2-MASTER SITE MATRIX V23 REV B). This provides an average of 168m2. It is noted that due to the sloping topography of the site retaining walls are proposed between plots and plots 143-146 will have a tiered garden with steps between the level change. A section of this area was requested during the application process however it has not been provided to date. As such, a condition is recommended to request that this is provided prior to the commencement of development to ensure that the rear gardens of plots 143-146 have a suitable finish and standard of useable amenity space. This standard is met with the inclusion of a condition.
7.39 Privacy - a minimum of 18 metres between the facing windows of habitable rooms.
7.40 Response – this is a new development of a greenfield site and there will be no overlooking or privacy issues between new and existing houses.
7.41 General Requirement - provision for waste and recycling should be provided in accordance with the Council’s waste management strategy.
7.42 Response – a slabbed bin stance is shown for each plot on the proposed site plan. Provision can be achieved in accordance with the Council’s Waste Management Strategy.
7.43 General Requirement – parking areas should provide provision for electric car charging points.
7.44 Response – provision for electric car charging has been made in Phase 1 of the development. A condition is recommended to ensure that provision for electric car charging points is made as part of the phase 2 development proposed.
7.45 The proposal is in accordance with the Appendix 4 standards, with the inclusion of conditions.
7.46 The design and layout is of a high quality and offers a mix of house types across the development site. The new housing development meets the six qualities of successful place, as set out in Policy 1. The proposal conforms to the guidance on the Design of New Housing set out in Appendix 4. The design and layout respects the surrounding area and will not have a detrimental impact on residential amenity and parking.
7.47 The proposal is in accordance with Policy 10 and Appendix 4, with the inclusion of conditions.
7.48 Policy 20: Funding of On and Off Site Infrastructure Provision – where necessary and appropriate, will seek to secure developer contributions towards the cost of infrastructure provision both on and off site. The principles that guide the requirement for contributions and the preparation of the Developer Contributions Supplementary Guidance are:
1 fair and proportionate developer contributions for all developments on sites allocated in either the Dundee Local Development Plan or in terms of windfall development;
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2 developer contributions will be sought where a need for new or improved services, facilities or infrastructure has been demonstrated that relates directly to the requirements or impacts of a proposed development;
3 flexibility in approach to ensure that development can be brought forward in varied economic circumstances while ensuring that the development has no net detriment; and
4 facilitate informed decision making by those involved in the development process, allowing potential financial implications to be factored into development appraisals prior to commercial decisions and actions being undertaken.
7.49 The proposal is located within Area 2 – Whitfield in terms of developer contributions, Figure 5 (page 44) in the Local Development Plan 2019. As detailed in Local Development Plan 2019 and the Developer Contribution Supplementary Guidance, developments built for private sector sale within the Whitfield area are required to contribute towards primary education as well as provide connections for cycling and walking routes to the wider Dundee Core Path Network and green infrastructure.
7.50 In terms of education contribution, the contribution per dwelling required by the legal agreement for the Phase 1 development was £4,974.41 in September 2019. This figure is index linked.
7.51 This contribution is towards the cost of front funding the construction of the additional capacity within Ballumbie Primary School. Ballumbie Primary School was built with capacity taking in to account future housing developments in Whitfield. This housing site was not an allocated site at this time and as such will have an additional impact on capacity at the primary school. The applicant has previously questioned the need to contribute towards this front funded infrastructure as part of the phase 1 application process but agreed to meet the request for the contribution. This will be subject to the completion of a Section 75 legal agreement for the education contribution.
7.52 In regards to connections for cycling and walking routes to the wider Dundee Core Path Network and green infrastructure, a footpath link to Peebles Drive was provided by the developer as part of the phase 1 development to properly connect the new housing development with the open space, play park and existing housing to the south and to also ensure all parts of the development are within 400m of public transport (bus stop on Peebles Drive).
7.53 The existing public open space and play park to the south of the development site on Peebles Drive will be widely accessible to the 150 family homes to be created by the developer as part of the 2-phase development. Therefore, it is not unreasonable to expect the development to make a contribution towards enhancements to the public open space. The Head of Environment has identified improvements including tree planting, seating and play equipment and there is also an opportunity to improve footpath connectivity. It is recommended that should members be minded to approve the application a planning condition is attached to secure the provision of enhancements to the existing open space on Peebles Drive.
7.54 The proposal can satisfy Policy 20 subject to the completion of a Section 75 legal agreement for the education contributions, and a planning condition to ensure the provision of enhancements to the public open space on Peebles Drive.
7.55 Policy 28: Protecting and Enhancing the Dundee Green Network – development proposals shall protect and enhance the Dundee Green Network by ensuring that development will not lead to the fragmentation of the existing network of green infrastructure. New development should contribute to the Dundee Green Network where appropriate and as
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determined by the Council, through the integration of green infrastructure in masterplans or development frameworks and the creation and/or improvement of green infrastructure within development sites or in the local area.
7.56 An indicative landscape strategy shows SuDS, green space, new tree lined pedestrian routes, mature trees retained along the boundary edge, seating and informal play equipment proposed along pedestrian routes within the development site and new path networks to connect the new housing to the surrounding area.
7.57 As highlighted previously in the report, the existing public open space and play park to the south of the development site on Peebles Drive will be widely accessible to the 226 family homes to be created by the developer as part of the 2-phase development. The Head of Environmental Management has identified enhancements to the public park including tree planting, seating and play equipment. It is recommended that should members be minded to approve the application a planning condition is attached to secure the provision of enhancements by the developer to the existing open space on Peebles Drive.
7.58 The proposal is in accordance with Policy 28, subject to a condition to secure enhancements to the public open space on Peebles Drive.
7.59 Policy 30: Green Infrastructure Maintenance – the Council will apply planning conditions or Section 75 obligations to planning permissions to make suitable provision for the long-term maintenance of green infrastructure (including open space and landscaping associated with Sustainable Drainage Systems) in new housing developments, based on the following options:
1 green infrastructure will be adopted by the Council, subject to appropriate agreements with the developer over the landscaping scheme and annual maintenance, including payment of a commuted sum to cover annual maintenance costs; or
2 a developer may lay out the green infrastructure, transfer the land to a suitable third party, and either.
i pay a commuted sum to cover maintenance costs; or
ii hand over the maintenance costs to residents of the new development.
This latter option should be clearly set out in the sale agreement so residents agree to effectively share the cost of maintaining green infrastructure on an annual basis.
7.60 Within the site there will be areas adopted by the Council including the proposed SuDS landscaped areas. Other areas are proposed to be privately maintained by a factor and in order to secure this it is recommended that a condition is attached to any planning permission granted.
7.61 The proposal is in accordance with Policy 30 subject to a condition to secure the long- term maintenance of the green infrastructure.
7.62 Policy 34: Protected Species - states that development proposals which are likely to have a significant effect on a European protected species will not be supported unless:
1 there is no satisfactory alternative; and
2 the development is required for preserving public health or public safety or for other imperative reasons of overriding public interest including those of a social or economic nature or which have beneficial consequences of primary importance for the environment.
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Development proposals which would be detrimental to the maintenance of the population of a European protected species at a favourable conservation status in its natural range will not be supported.
Development proposals that would be likely to have an adverse effect on a species protected under the Wildlife and Countryside Act 1981 (as amended) will not be supported unless the development is required for preserving public health or public safety. For development affecting a species of bird protected under the 1981 Act there must also be no other satisfactory solution.
7.63 A Phase 1 Habitat and Protected Species Survey was submitted for the phase 1 development. This was updated in October 2020 for the phase 2 application and it found no evidence of protected species during the survey. Suitable habitat was found for bats, red squirrel, pine marten, badger, bird species, hedgehogs and brown hare. Four trees with Potential Roost Features with moderate suitability for bats were identified within the survey area, however, no bats or evidence of roosts were found. The survey report states no further survey or protected species licencing is required at this time. It recommends a number of good practice recommendations to be employed to reduce potential negative impacts as a result of the development.
7.64 The Head of Environment agrees with the findings of the survey report. It is considered the proposal will not have a significant effect on a European protected species.
7.65 The proposal is in accordance with Policy 34.
7.66 Policy 35: Trees and Urban Woodland – the Council will support the establishment and enhancement of woodland, tree belts and corridors. New development must ensure the survival of woodland, hedgerows and individual trees, especially healthy mature trees, of nature conservation or landscape value through sensitive site layout both during and after construction, unless removal has been approved in advance by the Council. Where appropriate, development proposals must be accompanied by maintenance arrangements and justification for the removal of any trees or hedgerows.
7.67 A Tree Constraints and Protection report has been submitted and reviewed by the Head of Environmental Management. An indicative landscape strategy has been submitted for review outlining the landscaping proposals, tree retention and new tree planting.
7.68 The proposal is in accordance with Policy 35 subject to conditions requiring approval of final landscaping details and to secure tree protection measures are implemented as outlined in the Tree Constraints and Protection report.
7.69 Policy 36: Flood Risk Management – states that a flood risk assessment may be required where the nature of the development or local circumstances indicates heightened risk.
7.70 The SEPA flood maps show that the application site itself is not a known flood risk area. However, as part of the site’s SuDS proposals, it is proposed to discharge the development’s surface water runoff to a location directly upstream of a known flood risk location along the Fithie Burn. The updated Flood Risk Assessment states that the discharge will be attenuated to greenfield runoff rates and therefore should not result in an increase in flood risk elsewhere. Further information and calculations are required to fully demonstrate that there will be no increase to flood risk elsewhere.
7.71 The proposal is in accordance with Policy 36 subject to conditions requiring approval of more detailed flood risk information.
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7.72 Policy 37: Sustainable Drainage Systems - surface water discharging to the water environment from new development must be treated by a Sustainable Drainage System (SuDS) except for single houses or where discharge is to coastal waters. SuDS should be designed so that the water level during a 1:200 year rainstorm event plus allowances for climate change and future urban expansion is at least 600mm below finished floor levels. This incorporates an allowance for the effect of climate change. In addition, proposals will be encouraged to adopt an ecological approach to surface water management, ensure an appropriate level of treatment and exploit opportunities for the system to form an integral part of the Dundee Green Network through habitat creation or enhancement through measures such as the formulation of wetlands or ponds. Proposals should have no detrimental impact on the ecological quality of the water environment.
7.73 Details of a proposed surface water drainage scheme have been submitted with a landscaped Suds detention basin proposed in the south-east of the development site. In principle the proposed SuDS layout is acceptable and it is recommended that conditions are attached should planning permission be granted to ensure detailed drainage information including SuDS, Construction SuDS, SuDS Maintenance and evidence of Scottish Water approval is submitted.
7.74 Further, Council Engineers have advised of the potential for a field drain/culvert within the development site and further information has been requested from the developer. The details of this should be confirmed to ensure that no new properties forming part of the phase 2 development are built over it and it will not present a flood risk to properties within phase 1 and 2 of the Ballumbie development. A condition is recommended to secure this information prior to the commencement of any works on the site.
7.75 The proposal is in accordance with Policy 37 subject to conditions.
7.76 Policy 41: Land Contamination – Development of potentially contaminated or statutorily identified contaminated land will be considered where:
1 A site investigation is submitted establishing the nature and extent of contamination; and
2 The Council is satisfied that remediation measures proposed for the development, adequately address contamination risks to all receptors, such that the land demonstrably does not meet the statutory definition of contaminated land and is suitable for the planned use.
7.77 Contaminated Land Reports have been submitted. The Head of Community Safety and Protection has commented that chemical testing is required for the areas of proposed garden ground which is the same as for phase 1. It is recommended that conditions are attached to any planning permission granted to request that this further investigation work is completed and if necessary a remediation strategy is submitted for written approval by the Council prior to the commencement of development.
7.78 The proposal is in accordance with Policy 41, subject to conditions requiring further investigation work.
7.79 Policy 44: Waste Management Requirements for Development - development proposals should demonstrate that they adequately address the Scottish Government's Zero Waste Policy and that sufficient provisions are made to maximise opportunities for waste reduction and waste separation at source and enable the separate collection of recyclable material as outlined in the Waste (Scotland) Regulations 2012. The policy also requires site waste management plans to be prepared and used during the construction of major developments.
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7.80 The proposed site plan shows that provision for bin storage is made in the rear curtilage of the plots and an access path is available to the street. It has been demonstrated that this can be accommodated and there is sufficient space for waste separation and the separate collection of recyclables available.
7.81 As per SEPA’s consultation advice, a planning condition is recommended to ensure that a site waste management plan is prepared and implemented during construction.
7.82 The proposal is in accordance with Policy 44 subject to conditions requiring a site waste management plan.
7.83 Policy 46: Delivery of Heat Networks - requires new development to consider the feasibility of meeting their heat demand through heat networks.
7.84 A Sustainability Statement was submitted for the first phase of the development which found that due to the timeframe for the proposed development and occupation of the proposed dwelling houses it did not appear possible/viable for the development to be linked to the heat network. The completion of works at Baldovie do not tie in with the developments timeline, the site-specific design of a system would delay the planned start date and the route for the required series to the development would be challenging in terms of timescale and funding.
7.85 Consideration has been given to the viability of creating a heat network and a solution has been proposed for the development to connect in to any future offsite heat network. This addresses the consultation comments from SEPA on this matter.
7.86 The proposal is in accordance with Policy 46.
7.87 Policy 48: Low and Zero Carbon Technology in New Development - proposals for all new buildings will be required to demonstrate that a proportion of the carbon emissions reduction standard set by Scottish Building Standards will be met through the installation and operation of low and zero carbon generating technologies. A statement will be required to be submitted with an application for planning permission to demonstrate compliance with this requirement.
7.88 The developer has advised in writing that PV panels will be installed on all houses. A Sustainability Statement has not been submitted and it is recommended that a condition be attached to ensure that a statement is submitted to demonstrate compliance.
7.89 The proposal is in accordance with Policy 48 subject to condition.
7.90 Policy 54: Safe and Sustainable Transport - all development proposals* that generate travel should be designed to be well served by all modes of transport. In particular the sustainable modes of walking, cycling and public transport should be afforded priority and provide for easy access to local amenities, education facilities and other services.
Development proposals will be required to:
1 minimise the need to travel by private car;
2 provide facilities on-site (and/or off-site through developer contributions or by direct delivery) for walking, cycling and public transport networks, including road/junction improvements and cycle parking. Developments without high quality, safe and convenient links to adjacent walking and cycling networks will not be supported;
3 incorporate measures to permit access to public transport networks within a walking distance of no more than 400 metres from all parts of the development;
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4 have no detrimental effect on the capacity or safe functioning of the existing road or rail networks;
5 ensure that safe and adequate provision is made for road freight and waste access, loading and unloading;
6 comply with the National Roads Development Guide and any local variations within Dundee City Council’s roads design standards; and
7 be supported by a travel plan to mitigate transport impacts and improve the accessibility of developments where the Council considers that the development will generate significant travel.
Walking and cycling routes should be fully useable prior to the first occupation of a new development.
*this includes the re-use of existing buildings.
7.91 In respect of the criteria above, the proposal includes the creation of new paths and safe and convenient links to adjacent walking and cycling networks. The proposal incorporates measures to promote sustainable modes of transport and access to public transport networks. There are bus stops located within walking distance of the site on Ballumbie Road and Peebles Drive. However, with regards to criterion 3, there is no bus stop within 400 metres of all parts of the development site. A Transport Assessment has been submitted and its conclusions agreed by the Head of Sustainable Transportation and Roads. The proposed development will not have a detrimental effect on the capacity or safe functioning of the existing road network. Swept path diagrams have been submitted to show provision for road freight and waste access, loading and unloading in line with criterion 5. The Head of Sustainable Transportation and Roads has reviewed the supporting information and recommends that planning conditions are attached to ensure the Council’s roads design standards are complied with. Whilst there are proposals and opportunities for the site to be readily accessible by sustainable and active transport, a condition is recommended to require the developer to prepare a travel plan or Residential Travel Pack to promote the use of sustainable forms of transport to the first occupiers of the development.
7.92 The proposal is not in accordance with criterion 3 and therefore does not fully comply with Policy 54.
7.93 Policy 56: Parking – Developments Outwith the City Centre seeks to ensure adequate provision of parking for motor vehicles and cycles by requiring compliance with Dundee City Council’s adopted guidance on road standards and the Appendix 4 design standards.
7.94 As outlined previously, the proposal meets the Appendix 4 parking standards for residential development in suburban areas. As part of the first phase of the development electric vehicle charging provision has been installed. It is recommended that a condition is attached to ensure that details of the provision for electric car charging infrastructure is submitted, agreed and installed for the proposed development of phase 2.
7.95 Also, as per Appendix 4 standards, a condition is recommended to ensure that a site plan and details of the secure cycle storage in plots without a garage are submitted and agreed.
7.96 The proposal is in accordance with Policy 56, subject to conditions relating to electric car charging infrastructure and cycle parking.
7.97 It is concluded that the proposal is not fully in accordance with the Development Plan.
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MATERIAL CONSIDERATIONS
7.98 The material considerations to be taken into account are as follows:
A - REPRESENTATIONS
7.99 50 representations including 48 objections have been received raising the following valid material grounds.
• inadequate primary school capacity; • inadequate capacity in Doctor’s surgery; • road too narrow/inadequate for traffic proposed/traffic speeds too high; • impact on wildlife; • disruption during construction – noise/parking/pollution from construction traffic; • insufficient open space for the development; • improvements will be required to Berwick Drive/Drumgeith Road junction; • no indication of percentage of art contribution; • footpath on Ballumbie Road not sufficient for development (not wide enough and gap to south); • there will be too many junctions on Ballumbie Road; • the stonewall on Ballumbie Road is not extended the full length of the site; • link Road that is being built in Phase 1 that opens opportunity for development in Angus should be resisted; • loss of golf holes/course/green space; • concern over on-going risk of flooding on the Fithie Burn; • amount of houses encroaching on green belt land is having an adverse impact on the residential areas already there; • lack of amenities in the area; • development will force the closure of another golf course/not enough golf courses in the city/if new holes were to be built they should have been built by now and given time to mature; • significant impact on the residents in Burnside of Duntrune due to increase in traffic; • inadequate public transport provision; • houses are a burden to the area; • loss of privacy; • street lights beyond Phase 1 boundary so a “done deal”; • increased pedestrian traffic to Ballumbie Castle Estate; • impact on resident’s safety due to proximity of houses to golf course; and • development will have a detrimental impact on a Conservation Area.
7.100 The grounds of objection are considered and assessed as follows:
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7.101 Inadequate primary school capacity - there is sufficient capacity in Ballumbie Primary School.
7.102 Inadequate capacity in Doctor’s surgery - this is a matter for the NHS to consider using the funding available to them as required.
7.103 Road too narrow/inadequate for traffic proposed/traffic speeds too high - a Transport Assessment has been submitted and its conclusions accepted. It is recommended that conditions are attached should planning permission be granted to ensure the proposal complies with the National Roads Development Guide and any local variations within Dundee City Council’s roads design standards. Conditions are recommended to ensure that the existing speed limit signs are relocated to an agreed location to ensure the full development site is within a 30mph zone. All roads within the site shall be promoted as a 20mph zone. Separate roads construction consent is also required out with the planning process and this has been submitted by the developer for review by the Head of Sustainable Transportation and Roads.
7.104 Impact on wildlife - an updated Phase 1 habitat survey has been submitted. No protected species have been identified. A number of good practice recommendations outlined in the survey report will be followed during the construction process.
7.105 Disruption during construction – whilst this is not a material planning consideration, it should be recognised that some disruption during construction is inevitable. The developer has advised that they will endeavour to keep this to a minimum working to a construction management plan. It is recommended that a condition is attached to ensure a construction management plan is submitted for the written approval of the Council prior to the commencement of development. It is noted that there have been cars from contractors parked in neighbouring streets during the phase 1 works. Due to Covid-19 social distancing measures contractors have had to travel in separate vehicles which has resulted in extra vehicles in the vicinity of the site. The developer is working to provide an area to park vehicles in an off-street location.
7.106 Insufficient open space for the development – an indicative Landscape Strategy has been submitted and it is generally acceptable and in line with the Local Development Plan. The developer highlights that open space has been a fundamental part of the design of the development. Provision has been made to link the development to the open space at Peebles Drive and a condition is recommended to secure improvements and enhancements to this area of public open space.
7.107 Improvements will be required to Berwick Drive/Drumgeith Road junction - these junctions have been assessed as part of the Transport Assessment and there is no net detriment to these junctions as a result of the proposals.
7.108 No indication of percentage of art contribution - the percentage for art contribution will follow the theme from Phase 1 providing specially designed street furniture for the development. A planning condition is recommended to secure this provision.
7.109 Footpath on Ballumbie Road not sufficient for development - this has been deemed to be suitable following a road safety audit.
7.110 There will be too many junctions on Ballumbie Road – a Transport Assessment has been submitted and its findings are accepted. It is recommended that conditions are attached should planning permission be granted to ensure the proposals complies with the National Roads Development Guide and any local variations within Dundee City Council’s roads design standards.
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7.111 The stonewall on Ballumbie Road is not extended the full length of the site - the wall will feature at key locations with feature hedges along the remainder of the frontage which will help create a buffer between the urban and rural setting.
7.112 Link Road that is being built in Phase 1 that opens opportunity for development in Angus should be resisted – the developer has advised that no link road to the development is being formed in Angus. A foul sewerage connection was made to the end of Chestnut Green and these works have now been completed.
7.113 Loss of golf holes/course/green space - the site is an allocated greenfield housing site in the Local Development Plan (H45) and the principle of the removal of this part of the golf course is established. The 3 holes which are being removed are being replaced elsewhere on the course and an 18 hole golf course is therefore being maintained.
7.114 Concern over on-going risk of flooding on the Fithie Burn - a Flood Risk Assessment has been submitted which confirms the development will not increase the risk of flooding on the Fithie Burn. SEPA has not objected to the application.
7.115 Amount of houses encroaching on green belt land is having an adverse impact on the residential areas already there - the site is not designated green belt and is an allocated greenfield housing site in the Local Development Plan (H45). Careful consideration has been given to the design of the development to ensure it makes a positive contribution to the area.
7.116 Lack of amenities in the area - there are a number of amenities in the area and connections to the wider area are proposed as part of the development.
7.117 Significant impact on the residents in Burnside of Duntrune - the site is over ½ mile from Burnside of Duntrune which is within the Angus Council boundary. Angus Council was consulted and has no objection to the application. A Transport Assessment has been submitted and its findings are accepted.
7.118 Inadequate public transport provision - the site has access to public transport networks on Ballumbie Road and Peebles Drive. This has been enhanced by footpath connections through Phase 1 to Peebles Drive where there are frequent bus services. The design and layout of the site incorporates measures to permit access to public transport.
7.119 Houses are a burden to the area – the site is an allocated housing site in the Local Development Plan.
7.120 Loss of privacy - this phase of the development does not immediately abut existing residential properties other than the ones that will be built as part of Phase 1 and new houses that are currently being constructed on the west side of Ballumbie Road. There will be no loss of privacy to these properties as they have all been designed with the appropriate window to window separation.
7.121 Street lights beyond Phase 1 boundary so a “done deal” - streetlights are being installed in line with the Roads Construction Consent requirements for Phase 1.
7.122 Increased pedestrian traffic to Ballumbie Castle Estate - no direct routes are provided to Ballumbie Castle Estate.
7.123 Impact on residents safety due to proximity of golf course – as noted previously in the report, sportscotland has no objection to the application subject to a condition that a mitigation scheme to minimise the risk of golf balls is submitted by the developer and agreed by the Planning Authority, in consultation with sportscotland and thereafter implemented on
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commencement of construction. The reason for this is to avoid conflict between residential and sporting uses and for reasons of health and safety.
7.124 Development will have a detrimental impact on a conservation area - the site is not located in a conservation area. Notwithstanding this the proposed development has been sensitively designed to respect the character and amenity of the surrounding area.
7.125 The issues raised in the representations have been considered and addressed in the report and the grounds raised are not of sufficient weight to justify refusal of planning permission.
B – DEPARTURE FROM POLICY 54: SAFE AND SUSTAINABLE TRANSPORT
7.126 Policy 54 requires, amongst other things, that all development proposals incorporate measures to permit access to public transport networks within a walking distance of no more than 400 metres from all parts of the development.
7.127 The majority of houses in this Phase 2 development are within 400m walking distance of the bus stops on Ballumbie Road and Peebles Drive. However, the houses located on the northern boundary of the site will be within 500m walking distance of these bus stops. Pedestrian accessibility is to be enhanced as part of the Phase 1 development through the provision of a footpath connection from the development site to Peebles Drive where there are frequent bus services. New footways will be provided on the site frontage along Ballumbie Road and through the development site, improving pedestrian safety and access. The developer has incorporated measures to permit ease of access to public transport networks and a departure in this instance is acceptable for the second phase of development of an allocated housing site.
7.128 It is concluded that there are material considerations of sufficient weight in this case to justify approval of planning permission.
8 CONCLUSION
8.1 The application for 150 houses is not in accordance with the Development Plan. However, there are material considerations of sufficient weight to justify approval of planning permission. Therefore, it is recommended that planning permission be granted subject to conditions and a Section 75 Planning Obligation.
9 RECOMMENDATION
9.1 Recommendation 1
This planning permission shall not be issued until an obligation under Section 75 of the Town and Country Planning (Scotland) Act 1997, between the Council and parties with appropriate interests in the land has been recorded. This obligation will relate to developer contributions towards the cost of education infrastructure provision. It is recommended that the applicant be allowed a period of 4 months to conclude and register the legal agreement.
9.2 Recommendation 2
It is recommended that planning permission be GRANTED subject to the following conditions:
1 Condition - prior to the commencement of work on site details of a scheme of public art to be provided within the development hereby approved shall be submitted to the Council
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for written approval. Thereafter, the approved scheme of public art shall be installed prior to the completion of the development hereby approved.
Reason - in the interests of enhancing the amenity and environmental quality of the development.
2 Condition - prior to the commencement of development, a scheme of landscaping shall be submitted to and approved by the Council, and it shall include indications of all existing trees and hedgerows on this land, and details of any to be retained, together with measures for their protection in the course of development in accordance with BS5837:2012. Full details of new planting, landscaping and boundary enclosures and an associated maintenance schedule shall also be submitted to and approved by the planning authority prior to the commencement of development. Any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within 5 years of planting shall be replaced by trees or shrubs of similar size and species to those originally required to be planted in terms of this condition.
Reason - to ensure that the proposed development has a satisfactory external appearance in the interests of the visual amenities of the area.
3 Condition - full details of a maintenance plan for the existing and proposed trees shall be submitted to the Council for approval before any development commences on site and if approved the development shall be carried out only in full accordance with such details.
Reason - to ensure that the character of the application site and the surrounding area is maintained.
4 Condition - A Sustainability Statement demonstrating the extent to which the new build elements of the development will meet the requirements of Policy 48 of the Dundee Local Development Plan shall be submitted for the approval of the planning authority and the works shall be completed in accordance with the approved Statement.
Reason - in the interests of reducing carbon emissions associated with the proposed development.
5 Condition - prior to any works on site details of the proposed roads including proposed road markings must be agreed and the roads must be formed and constructed to Dundee City Council standards and specifications.
Reason - in the interests of vehicle and pedestrian safety.
6 Condition - a 20mph zone order shall be promoted for all roads within the site with appropriate signing, lining and traffic calming to support this provided to Dundee City Council specifications.
Reason - in the interests of vehicle and pedestrian safety.
7 Condition - prior to any works on site details of the footway ex adverso the site on Ballumbie Road must be agreed.
Reason - in the interests of vehicle and pedestrian safety.
8 Condition - the existing speed limit signs on Ballumbie Road shall be relocated to an agreed location prior to any works on site.
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Reason - In the interests of vehicle and pedestrian safety.
9 Condition – A Residential Travel Pack shall be submitted to and agreed in writing by the Council and shall be issued to each residential dwelling prior to first occupation.
Reason - in the interests of promoting sustainable modes of travel.
10 Condition - the hard surface of individual car parking, driveways or hardstanding area should be made of porous materials where appropriate and/or provision made to direct run off water from the hard surfaces to a system or a permeable or porous area or surface within the curtilage of the site.
Reason - to ensure that surface water from within the curtilage of the site does not drain to the adjacent adoptable/adopted road.
11 Condition - a Street Lighting system must be provided by the applicant to Dundee City Council standards and specifications.
Reason - in the interests of vehicle and pedestrian safety
12 Condition - electric car charging points shall be provided at a location and number to be approved prior to opening of the development.
Reason - in the interests of sustainable travel measures
13 Condition - prior to the commencement of any works on site, details of any existing drainage/culverts within the site shall be submitted to the Council and details of any proposed drainage diversion works to ensure that new properties are not built over any existing drainage/culverts shall be submitted to the Council for written approval. Thereafter, any works approved by virtue of this condition shall be carried out prior to the commencement of construction of the first property hereby approved.
Reason - in the interests of flood protection.
14 Condition - prior to the commencement of any works on site, a detailed surface water drainage/SUDS design including drawings, calculations, full modelling, simulation results, design risk assessment, signed Dundee City Council Design Compliance and Independent Check Certification, evidence of compliance with the Simple Index Approach as described in section 26.7.1 of the CIRIA SUDS Manual (C753), and where appropriate SEPA comments shall be submitted to the Council for written approval. Thereafter, all works approved by virtue of this condition shall be carried out prior to the first occupation of the development hereby approved.
Reason - in the interests of flood protection.
15 Condition - prior to the commencement of any works on site, details of measures proposed to manage surface water run-off from the site during construction shall be submitted to the Council for written approval. Thereafter, all works approved by virtue of this condition shall be carried out prior to construction works commencing on any part of the development hereby approved.
Reason - in the interests of flood protection.
16 Condition - prior to the commencement of any works on site, maintenance responsibilities along with a maintenance schedule for the surface water drainage system/
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SUDS features shall be submitted to the Council for written approval. Thereafter, all works approved by virtue of this condition shall be carried out in perpetuity.
Reason - in the interests of flood prevention and visual amenity.
17 Condition - Prior to the commencement of any works on site, evidence of Scottish Water approval for the proposed drainage system for the development hereby approved shall be submitted to the Council for written approval.
Reason - in the interest of flood protection.
18 Condition - prior to the commencement of any works on site, a Flood Risk Assessment and Dundee City Council Compliance and Independent Check Certification shall be prepared and submitted to the Council and SEPA for written approval. Any recommendations contained within the Flood Risk Assessment must be implemented thereafter prior to occupation of the development.
Reason - in the interest of flood protection.
19 Condition - development shall not begin until further investigation and risk assessment are completed and, if necessary; a remediation strategy to deal with any contamination at the site has been submitted to and approved in writing by the planning authority. The strategy shall contain proposals to deal with contamination to include:
i the nature, extent and type(s) of contamination on the site;
ii measures to treat/remove contamination to ensure the site is fit for the use proposed and does not contain any significant pollution linkages;
iii measures to deal with contamination during construction works; and
iv verification of the condition of the site on completion of decontamination measures.
Before any unit is occupied the remediation strategy shall be fully implemented and a verification report with relevant documentation demonstrating that the objectives of the remediation strategy have been achieved shall be submitted to and approved by the Council.
Reason – in order to ensure that any potential contamination of the site is dealt with appropriately in the interests of public and environmental safety
20 Condition – prior to the commencement of development details of the secure cycle storage provision for each dwelling shall be submitted to and approved in writing by the Council. These details shall include:
i details of the location of secure cycle storage for each plot; and
ii details of the secure cycle storage facility.
The secure cycle storage facilities shall be constructed in accordance with the approved details prior to the occupation of each house.
Reason - in the interests of promoting sustainable modes of travel.
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21 Condition – prior to the commencement of any work on site, maintenance responsibilities along with a maintenance schedule for all communal areas shall be submitted to the Council for written approval. Thereafter, all works approved by virtue of this condition shall be carried out in perpetuity.
Reason – in the interests of visual amenity.
22 Condition – prior to the commencement of development a site waste management plan shall be submitted to and approved in writing by the Council. This shall contain details of how site waste will be controlled during the construction and operation of the development.
Reason – in the interests of resource efficiency and waste minimisation during construction.
23 Condition - the applicant shall make provision for the delivery of green infrastructure improvements in the public park to the north of Peebles Drive as agreed with and in line with Council requirements prior to the commencement of development. For the avoidance of doubt this will include improving footpath connectivity, tree planting, seating and play equipment.
Reason - in the interests of place making and improving green infrastructure in the wider area.
24 Condition – prior to the commencement of development, full details including a section and drawing showing the levels and finish of the rear gardens for plots 143-146 shall be submitted for the written approval of the Planning Authority. Thereafter, all works approved by this condition shall be carried out.
Reason – in order that the rear gardens have a suitable finish and standard of useable amenity space for residents.
25 Condition - a mitigation scheme to minimise the risk of golf balls outwith the reconfigured golf course will be submitted by the developer and agreed by the Planning Authority, in consultation with sportscotland and thereafter implemented on commencement of construction.
Reason - to avoid conflict between residential and sporting uses and for reasons of health and safety.
26 Condition – prior to the commencement of development, a construction management plan shall be submitted for written approval by the planning authority. The construction management plan shall detail the site access to be used; vehicular routes to the site; site operational times; timing of construction traffic to minimise impact on local communities, particularly at school start and finishing times, on days when refuse collection takes place, on Sundays or during local events; arrangements for signage at site access and crossovers in order to provide safe access for pedestrians and cyclists; arrangements for safe use of footways in and around the site; details of information signs to inform other road users of construction traffic; arrangements to ensure that access for emergency service vehicles are not impeded; arrangements for the cleaning of wheels and chassis of vehicles to prevent material from the construction site associated with the development being deposited on the public road; and arrangements for cleaning of roads affected by material deposited from construction sites associated with the development.
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Reason – in the interests of vehicle and pedestrian safety and residential amenity.
Informative
A Road Construction Consent (RCC) application (found via the following link on DCC website: http://www.dundeecity.gov.uk/a2z/constructionconsent) must be submitted to Dundee City Council as Roads Authority for work on any proposed roads or the adjacent public road or footway and consent for this must be obtained prior to the commencement of any works on new roads or the public road or footway. For further details please contact 01382 433341 or [email protected].
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Erection of 16 Houses with Associated Infrastructure
KEY INFORMATION Ward: The Ferry Address Former Walled Garden Linlathen Grove Broughty Ferry Dundee
Applicant Kirkwood Homes Limited Sauchen, Inverurie
Agent Emac Planning
Registered: 11 January 2021 Report by Head of Planning & Economic Development Contact: Craig Swankie SUMMARY OF REPORT • Planning permission is sought for a residential development of 16 houses. The proposal relates to a residential development at Linlathen Village which is currently under construction. • The application site is within an area of Open Countryside to the east of allocated housing site H46. The site contains former garden ground and derelict outbuildings which were associated with Linlathen House. • The application does not fully accord with Policy 31 and Policy 54 of the Development Plan. However, there are material considerations which support the approval of planning permission. • The statutory neighbour notification process was undertaken and the application advertised in the local press. Sixteen letters of objection were received and one neutral representation was received. • In accordance with Dundee City Council's scheme of delegation, this application is to be determined by the Planning Committee as 6 or more valid written objections have been received and the recommendation is for approval. • More details can be found at http://idoxwam.dundeecity.gov.uk/idoxpa- web/applicationDetails.do?activeTab=summary&keyVal=QLJGJ9GCM4O00
RECOMMENDATION The proposal does not fully comply with the Development Plan. However, there are material considerations of sufficient weight to justify approval of planning permission. It is therefore recommended that planning permission be APPROVED subject to conditions and a Section 75 Obligation to secure developer contributions towards education infrastructure.
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1 DESCRIPTION OF PROPOSAL
1.1 Permission is sought for a residential development of 16 houses. Landscaping, green space and footpath links would be formed within the development to connect the site to the surrounding area including Linlathen Road, the Core Path Network and a residential development to the west which is currently under construction.
1.2 All dwelling houses are proposed to be one and a half or two storeys high with pitched roofs. There would be a range of three, four and five bed dwelling houses in the form of detached properties. There are 6 different house types proposed which would be finished with grey concrete roof tiles, white dry dash render and white UPVC windows. All in curtilage parking areas are to be finished in a charcoal colour mono block.
1.3 The proposal includes the formation of a main access road taken from Linlathen Road which provides access to the proposed dwellings, and a proposed development of 15 houses to the west which is subject of a separate planning application. It is also proposed to form pedestrian footpaths along the access road which provide connections to the west of the site, linking the proposals with existing footpaths including the core path network and Linlathen Road.
1.4 Towards the centre of the site is an area of planting is proposed, and a group of existing trees to the north west of the site are to be retained. The proposed drainage layout would not provide SUDS within the site, with surface water being conveyed to a SUDS system which was previously approved to the south east of the site under planning permission 18/00115/FULM. The previously approved SUDS provision has capacity to accommodate the proposed dwellings.
1.5 The applicant has submitted the following in support of the application:
• Planning and Design Statement;
• Contaminated Land Site Investigation;
• Transport Statement;
• Ecological Assessment;
• Archaeological Assessment;
• Energy Statement; and
• Drainage Strategy.
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Figure 1 – Proposed Site Plan
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Figure 2 – Proposed Elevations
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2 SITE DESCRIPTION
2.1 The 1.04 hectare site is located to the north of the Dighty Burn at Linlathen, within the east of the city. The site is located approximately 750m to the north of the A92, just north of the Dighty Water, and the established residential areas of Clearwater Park and Strathyre Avenue.
2.2 The site comprises a large, rectangular area of gently sloping land measuring 1.04 hectares. The site relates to a former walled garden associated with the historically demolished Linlathen House. The site currently contains unutilised land which is largely enclosed by a stone wall. In recent years the site has been excavated to facilitate drainage infrastructure associated with the residential development to the west of the site. The surrounding area contains a mixture of residential developments to the south and west, and agricultural land to the north and east.
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Figure 3 – View From Within Site, Towards North and East Boundary Wall
Figure 4 – View of Sites North Boundary
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3 POLICY BACKGROUND
3.1 The following plans and policies are considered to be of direct relevance:
DUNDEE LOCAL DEVELOPMENT PLAN 2019 Policy 1: High Quality Design and Placemaking Policy 2: Public Art Contribution Policy 9: Housing Land Release Policy 10: Design of New Housing Policy 20: Funding of On and Off Site Infrastructure Provision Policy 28: Protecting and Enhancing the Dundee Green Network Policy 30: Green Infrastructure Maintenance Policy 31: Development within the Open Countryside Policy 34: Protected Species Policy 35: Trees and Urban Woodland Policy 37: Sustainable Drainage Systems Policy 39: Environmental Protection Policy 41: Land Contamination Policy 44: Waste Management Requirements for Development Policy 46: Delivery of Heat Networks Policy 48: Low and Zero Carbon Technology in New Development Policy 52: Scheduled Monuments and Archaeological Sites Policy 54: Safe and Sustainable Transport Policy 56: Parking
3.2 The following Non-Statutory Statements of Council Policy are relevant to this application:
3.3 Dundee Local Development Plan 2019 – Developer Contributions
3.4 There are no other plans, policies and non-statutory statements that are considered to be of direct relevance. 4 SITE HISTORY
4.1 Planning application 18/00115/FULM for the erection of 150 houses with associated infrastructure, open space and landscaping was refused by Planning Committee in June 2018. This decision was appealed by the applicant to the DPEA. The DPEA upheld the appeal and granted planning permission subject to conditions and a planning obligation in June 2019.
4.2 Planning application 19/00799/FULM for the erection of 100 houses with associated infrastructure, open space and landscaping was refused by Planning Committee in January 2020. This decision was appealed by the applicant to the DPEA. The DPEA upheld the appeal and granted planning permission subject to conditions in October 2020.
4.3 Planning application 20/00824/FULL for the erection of 15 houses with associated infrastructure was submitted in December 2020 and is currently under consideration. This application will be determined by Planning Committee. 5 PUBLIC PARTICIPATION
5.1 The statutory neighbour notification procedure has been undertaken and the application advertised in the local press.
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5.2 16 objections have been received raising the following material considerations:
• proposed dwellings development would generate additional road traffic, which in addition to traffic generated by the wider residential development will have a detrimental impact on road safety, increase congestion and impact upon the amenity of residents;
• the proposed residential development would have a detrimental impact on local wildlife, including protected species such as bats and badgers. The location of the site would also impact on Dighty Burn, a Wildlife Corridor and Locally Important Nature Conservation Site;
• the proposed development does not include or support the provision of affordable housing; and
• the proposed development is contrary to Local Development Plan Policy 31 as the dwellings would be sited within the open countryside area.
5.3 One letter of neutral representation was received. The representation did not raise concern with the proposed development, but highlighted the need for suitable road access to be provided to existing properties within the area as part of the residential development at Linlathen.
5.4 The valid grounds of representation are taken into account in the material considerations section of this report. 6 CONSULTATIONS
6.1 Archaeological Consultant – has no objection but comments that there is a chance of the proposed development impacting on buried archaeological deposits. Accordingly, it is recommended that should permission be granted a condition is attached requiring archaeological works be undertaken and associated reporting submitted.
6.2 The Head of Community Safety and Protection – has no objection and has commented on the following matters:
• Contaminated Land – recommends planning conditions are attached should permission be granted in relation to the undertaking of further site investigations and the provision of a remediation strategy if required.
• Noise – has no objection
• Environment – recommends a planning condition is attached should permission be granted in relation to the provision and implementation of an Invasive Non Native Species Management Plan.
6.3 The Head of Neighbourhood Services – has no objection and has commented on the following matters:
• Greenspace – it is recommended that planning conditions are attached should permission be granted in relation to the provision of bird/bat boxes within the site and the implementation of tree protection measures and mitigation measures as outlined within the submitted Tree Survey and Ecology reports.
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6.4 The Head of Sustainable Transport and Roads - has no objection and has commented on the following matters:
• A Transport Statement has been submitted and the findings accepted. It is recommended planning conditions are attached to any consent granted in relation to the implementation of a residential travel plan and to ensure details of the roads and markings are agreed with Dundee City Council.
6.5 Scottish Water – has no objection to the application.
6.6 NatureScot – has no comments.
77 DETERMININGDETERMINING ISSUES ISSUES
7.1 Section 25 of the Town and Country Planning Act 1997 as amended provides that an application for planning permission (other than for a national development) shall be determined in accordance with the Development Plan unless material considerations indicate otherwise.
THE DEVELOPMENT PLAN
The provisions of the Development Plan relevant to the determination of this application are specified in the Policy Background section above.
DUNDEE LOCAL DEVELOPMENT PLAN 2019
7.2 Policy 1: High Quality Design and Placemaking – all development proposals should follow a design-led approach to sustainable, high quality placemaking. Development should contribute positively to the quality of the surrounding built and natural environment and should be planned and designed with reference to climate change mitigation and adaptation. The design and siting of development should respect the character and amenity of the place, create a sense of community and identity, enhance connectivity and incorporate creative approaches to urban design, landscaping and green infrastructure, appropriate to the local context and the scale and nature of the development. New development will be required to meet the six qualities of successful place in accordance with the guidance provided in Appendix 1.
7.3 The proposal is for 16 detached houses with 3, 4 and 5 bedrooms. There are proposed to be 6 different house types finished in materials including white render and concrete roof tiles. The proposed finishes and house types contribute positively towards the quality and identity of the development. The proposed driveways are to be surfaced in block paving with a dark grey charcoal finish. As well as timber boundary fencing within the site, it is proposed to retain sections of the existing stone garden wall which surrounds the site. The retention of sections of the boundary wall and provision of high quality soft and hard landscaping will ensure the development provides a high-quality streetscape which is in keeping with the rural character of the surrounding area.
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7.4 With regard to Appendix 1, this states that the scale, nature and location of the development will determine the extent to which the six qualities are appropriate to the assessment process. Appendix 1 is assessed as follows:
7.5 Distinctive
A Planning and Design Statement together with elevation drawings and details of proposed finishing materials have been provided with the application. The statement and drawings demonstrate that the proposed one and a half and two storey houses will provide variation and contribute positively to developing a rural character within the proposed development. The dwellings front onto the road within the site which is itself to be finished in block paving. Sections of stone wall are proposed within the north west of the site at plot 16 to provide a welcoming entrance to the development. A new footway will be created along the proposed access road to enable pedestrian access to the surrounding area.
7.6 Safe and Pleasant
Vehicular access to the site is to be taken from Linlathen Road to the west. A new footpath will be created along the access road to link the development to the adjoining residential development to the west. There are to be useable areas of greenspace within the residential development to the west and the central area of landscaping within the site will be overlooked by the proposed dwellings. The use of a range of 6 house types and high-quality boundary materials together with the layout of the site to provide frontages onto main roads and central open space ensures the development will be attractive and contribute to the local streetscape.
7.7 Easy to Move Around and Beyond
A footway is to be provided along the access road into the site, which provides access to footpaths within the residential development to the west of the site and Core Path Network. Connections to existing roads and footpaths provide links to bus stops and active travel routes on Arbroath Road and Balgillo Road to the south of the site.
7.8 Welcoming
It is proposed to provide a range of boundary treatments including retention of existing stone walls, timber fences and hedging within the site. Within the development houses are to front onto roads and landscaping is proposed to provide a welcoming entrance and high quality streetscape creating a sense of identity to the development. The proposal positively promotes wayfinding and a sense of orientation.
7.9 Adaptable
The proposed houses will be a positive addition to the mix of houses in the area. The proposals include footpath connections to open spaces within the surrounding area and incorporates connections to existing path networks.
7.10 Resource Efficient
An Energy Statement has been submitted. This outlines that carbon reductions and emissions are achieved by improving the thermal performance of the building fabric. Solar PV panels are specified for all of the proposed houses and energy efficient materials are to be used in construction. Waste and recycling will accord with the Council’s Waste Management Strategy. Green infrastructure is to be provided as part of the proposals and connections to existing public roads and core path network will be retained and enhanced.
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7.11 The proposal meets the requirements of Appendix 1 and is in accordance with Policy 1.
7.12 The proposed residential development of a range of types and sizes will make a positive contribution to the site. The design and layout has been sensitively considered to respect the character and amenity of the surrounding area and the proposal will have green infrastructure.
7.13 The proposal is in accordance with Policy 1.
7.14 Policy 2: Public Art Contribution – all developments in Dundee with construction costs of £1 million or over will be required to allocate at least 1% of construction costs for the inclusion of art projects in a publicly accessible/visible place or places within the development.
7.15 The proposal is a development of 16 units. The applicant considers an art project can be provided, however no proposals are made within the application. The provision of full details of public art provision within the development and its implementation will be required. It is recommended that the provision of public art within the development is secured by condition.
7.16 The proposal is in accordance with Policy 2, subject to a condition.
7.17 Policy 9: Housing Land Release – priority will be given to the development of the allocated brownfield and greenfield sites. Housing land release on brownfield sites, in addition to the allocations set out in Appendix 3, may be acceptable where it can be demonstrated that it will improve the tenure mix in an area where existing choice is limited and would make a positive contribution to the regeneration objectives of the area.
7.18 The site lies to south east of allocated housing site H46 within the Dundee Local Development Plan 2019. At H46, planning permission has been granted for 250 units, the site’s indicative capacity.
7.19 The application site, whilst out with H46 is considered to be brownfield land having previously been maintained garden ground with extensive greenhouses and storage sheds contained within a walled garden area at Linlathen House. The house has since been demolished and replaced by brownfield redevelopment. The application site has also recently been developed to facilitate drainage infrastructure associated with the Balgillo Heights residential development to the north west, the works resulting in internal areas of the site now containing drainage routes and pipework.
7.20 The application site is within close proximity to the ongoing development within site H46, and would connect with the roads and drainage infrastructure associated with this development. The proposed development of 16 houses would therefore integrate with the previously approved development, and add to the range and choice dwellings within in the city’s private housing market. This would support the range of housing within the city, in a manner which makes a positive contribution to the area through the regeneration of a site which is in a derelict condition. The site layout with low density, large family homes is considered suitable for this semi-rural location, and the retention of the garden walls supports the integration of the development into the local landscape.
7.21 The current application demonstrates that 16 units could be developed on the site in a manner that would not have any detrimental impact on the quality of the overall development. The proposed development would contribute to the range of dwellings within the east of the city through the provision of 3, 4 and 5 bedroom houses for the private market. The proposed houses will support the availability of new build private housing in the local area and the provision of a range of family homes. The proposed site layout, and links to surrounding footpaths and proximity of amenities including a supermarket ensure the proposed development will be accessible and, provide a high-quality residential amenity. The proposed
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development would have no impact on the delivery of new housing within allocated housing sites around the city.
7.22 Overall, the proposed development would contribute positively to the local housing mix within the local area.
7.23 The proposal is in accordance with Policy 9.
7.24 Policy 10: Design of New Housing – the design and layout of new housing developments in Dundee should be of a high quality and contribute to creating places that respect and enhance the distinct character and identity of the different parts of the city. All new housing developments should meet the six qualities of successful place, as set out in Policy 1 and should provide a balanced choice and type of housing. All new housing developments will be required to conform to the guidance on the Design of New Housing set out in Appendix 4. All new housing developments will need to ensure that the design and layout respects and enhances the character of adjoining properties and the surrounding area and does not have a detrimental impact on residential amenity and parking.
7.25 The proposal is required to meet the suburban standards for houses set out in Appendix 4 which requires the following:
House Type - in general, 75% of houses should have 3 or more bedrooms or a minimum gross internal floor area of 100m2.
Response – the 16 houses proposed include 2no 3 bedroom, 9no 4 bedroom and 5no 5 bedroom houses. As such 100% of houses would have 3 or more bedrooms and therefore the proposal meets the standards.
Car Parking – all car parking should be located within the curtilage of each house. All tenures should have at least 1 space. Private houses with 3 bedrooms should have at least 2 spaces. Private houses with 4 or more bedrooms should have at least 3 spaces.
Response – each house would provide in curtilage parking, with the three-bedroom houses having 2 spaces and four and five bedroom houses having 3 spaces. The proposed dwellings feature integrated garages and in curtilage parking spaces to the front of the houses. The level of in curtilage parking provision at each plot meets the requirements of Appendix 4.
Cycle Provision - one secure, covered space per house must be provided unless a suitable garage or other secure area is provided within the curtilage of the house.
Response – all of the proposed dwellings feature garages, with space for cycles indicated on the submitted plans. The proposal meets this requirement.
Amenity/Garden Ground – brownfield sites will provide an average private useable garden ground of 140m2 per house with a minimum garden size of 120m2. The provision for mid terrace houses may be relaxed
Response – the application site is brownfield land. The average private useable garden ground of the development is 291m2 and all of the proposed gardens meet the minimum 120m2 requirement.
Privacy - a minimum of 18 metres between the facing windows of habitable rooms.
Response – there would be at least 18 metres between the windows of habitable rooms of the proposed housing and the existing housing.
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General Requirement - provision for waste and recycling should be provided in accordance with the Council’s waste management strategy.
Response – the site plan shows that every property will have a designated bin storage area within the rear curtilage. Access from the rear curtilage to the street will be available. Provision can be achieved in accordance with the Council’s Waste Management Strategy.
General Requirement – parking areas should provide provision for electric car charging points.
Response – the applicant has confirmed that all proposed houses will have provision for electric car chargers within the integrated garages.
7.26 The proposal is in accordance with Policy 10 and the Appendix 4 standards.
7.27 Policy 20: Funding of On and Off Site Infrastructure Provision - states that the City Council, where necessary and appropriate, will seek to secure developer contributions towards the cost of infrastructure provision both on and off the site.
The principles that guide the requirement for contributions and the preparation of the Developer Contributions Supplementary Guidance are:
1 fair and proportionate developer contributions for all developments on sites allocated in either the Dundee Local Development Plan or in terms of windfall development;
2 developer contributions will be sought where a need for new or improved services, facilities or infrastructure has been demonstrated that relates directly to the requirements or impacts of a proposed development;
3 flexibility in approach to ensure that development can be brought forward in varied economic circumstances while ensuring that the development has no net detriment; and
4 facilitate informed decision making by those involved in the development process, allowing potential financial implications to be factored into development appraisals prior to commercial decisions and actions being undertaken.
7.28 The Developer Contributions Supplementary Guidance (SG) states that housing development in this location will be required to make a financial contribution towards enhancing primary school provision. Accordingly, it is recommended that Members secure the required financial contributions via a Planning Obligation in accordance with the SG for the 16 dwellings if minded to approve the application.
7.29 The residential development at Linlathen within allocated housing site H46 necessitates junction improvements at Claypotts. These improvements have previously been secured through the Planning Obligation associated with application 18/00115/FULM for 150 houses at Linlathen. The secured works to Claypotts are sufficient to accommodate 250 new dwellings as approved within site H46, and the residential dwellings presently proposed. No further contributions are therefore required for infrastructure improvements as part of the present application.
7.30 The SG also requires connections for cycling and walking routes to the wider Dundee core path network and green infrastructure. The applicant has illustrated this on the proposed site layout.
7.31 The proposal is in accordance with Policy 20, subject to a planning obligation.
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7.32 Policy 28: Protecting and Enhancing the Dundee Green Network – development proposals shall protect and enhance the Dundee Green Network by ensuring that development will not lead to the fragmentation of the existing network of green infrastructure. New development should contribute to the Dundee Green Network where appropriate and as determined by the Council, through the integration of green infrastructure in masterplans or development frameworks and the creation and/or improvement of green infrastructure within development sites or in the local area.
7.33 The proposed layout provides connections to open space within residential development to the west, and to the existing path network within the surrounding area. The connections onto the core path network and surrounding roads ensures the development integrates with the surrounding area, to the enhancement of connectivity and local green infrastructure.
7.34 The proposal is in accordance with Policy 28.
7.35 Policy 30: Green Infrastructure Maintenance – the Council will apply planning conditions or Section 75 obligations to planning permissions to make suitable provision for the long-term maintenance of green infrastructure (including open space and landscaping associated with Sustainable Drainage Systems) in new housing developments, based on the following options:
1 green infrastructure will be adopted by the Council, subject to appropriate agreements with the developer over the landscaping scheme and annual maintenance, including payment of a commuted sum to cover annual maintenance costs; or
2 a developer may lay out the green infrastructure, transfer the land to a suitable third party, and either:
i pay a commuted sum to cover maintenance costs; or
ii hand over the maintenance costs to residents of the new development.
This latter option should be clearly set out in the sale agreement so residents agree to effectively share the cost of maintaining green infrastructure on an annual basis.
7.36 Within the wider residential development at Linlathen, there will be areas adopted by the Council including sections of road and footpaths. Other areas of landscaping are proposed to be privately maintained by a factor. In order to secure this, it is recommended that a condition is attached to any planning permission granted.
7.37 The proposal is in accordance with Policy 30 subject to a condition to secure the long term maintenance of the green infrastructure.
7.38 Policy 31: Development within the Open Countryside – states there will be a presumption against all new development unless:
1 the proposed development consists of no more than one additional building in a group of up to seven buildings or by two additional buildings in a larger group; or
2 the proposed development involves the restoration of an existing stone building of architectural merit and that has four walls surviving to wall head height; or
3 the proposed development is supported by an agricultural justification; or
4 the proposed development is consistent with a masterplan, strategy or programme approved by the Council.
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7.39 The application site is contained within the Open Countryside at Linlathen, as designated by the Dundee Local Development Plan 2019.
7.40 The proposal relates to a development of 16 houses. Whilst there are existing residential dwellings in the immediate area, the proposal would result in more than two additional dwellings within the existing building group. The proposal therefore fails to meet the criteria 1 of this policy.
7.41 The proposed development does not include the restoration of a stone building of architectural merit, is not supported by an agricultural justification and is not consistent with any masterplan, strategy or programme approved by the Council. The proposal therefore fails to meet criteria 2,3 or 4 of Policy 31.
7.42 The proposal is therefore contrary to the requirements of Policy 31.
7.43 Policy 34: Protected Species - states development proposals which are likely to have a significant effect on a European protected species will not be supported unless:
1 there is no satisfactory alternative; and
2 the development is required for preserving public health or public safety or for other imperative reasons of overriding public interest including those of a social or economic nature or which have beneficial consequences of primary importance for the environment.
7.44 Development proposals which would be detrimental to the maintenance of the population of a European protected species at a favourable conservation status in its natural range will not be supported.
7.45 Development proposals that would be likely to have an adverse effect on a species protected under the Wildlife and Countryside Act 1981 (as amended) will not be supported unless the development is required for preserving public health or public safety. For development affecting a species of bird protected under the 1981 Act there must also be no other satisfactory solution.
7.46 An Ecological Assessment was submitted with the application. The application site contains a mixture of surfaces including grassland, bare ground and a large conservatory which is in a derelict condition. The Ecological Assessment recommends that further surveys are completed in relation to invasive non-native species and bat roosting locations prior to the commencement of any works within the site as bats and Giant Hogweed are known to be present in the local area. It is recommended the provision of the additional surveys and implementation of any identified mitigation measures be controlled by condition to ensure the proposals has no detrimental impact on wildlife.
7.47 The Ecological Assessment outlines areas where the development can contribute to the enhancement of local ecology, including the provision of nesting and resting locations for bats, birds, hedgehogs and reptiles. The applicant has stated they would be agreeable to such provision, however full details require to be agreed with the Council. It is recommended that provision of appropriate bird/bat boxes and resting places within the site are agreed by condition.
7.48 The proposal is in accordance with Policy 34, subject to conditions.
7.49 Policy 35: Trees and Urban Woodland - supports the establishment and enhancement of woodland, tree belts and corridors and states that new development must ensure the survival of healthy mature trees through sensitive site layout. Where appropriate, proposals must be
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accompanied by a tree planting and landscaping scheme which includes supporting justification and sufficient map based material to document existing planting within the site as well as new planting and maintenance arrangements.
7.50 There are a number of Tree Preservation Orders within and around the site. The site is contained within TPO 06/13 with tree group G5 to the immediate north west of the proposed dwellings and tree group W3 to the site’s south boundary.
7.51 A Tree Survey was submitted with the application and the report confirms that 2 trees are to be felled to accommodate the proposed houses, one to the site’s north boundary and one to the south boundary. The existing group of trees to the north west of the site is to be retained and tree protection measures implemented during construction. Whilst one tree will be felled to the site’s south boundary, 29 trees will be retained. No other trees/tree groups within the surrounding area are impacted by the proposals, and compensatory planting is proposed within the site. To ensure there is no impact on the trees within the established group it is recommended that Members condition the provision of tree protection measures should they be minded to approve the application.
7.52 The proposal is in accordance with Policy 35 subject to conditions.
7.53 Policy 37: Sustainable Drainage Systems - surface water discharging to the water environment from new development must be treated by a Sustainable Drainage System (SuDS) except for single houses or where discharge is to coastal waters. SuDS should be designed so that the water level during a 1:200 year rainstorm event plus allowances for climate change and future urban expansion is at least 600mm below finished floor levels. This incorporates an allowance for the effect of climate change. In addition, proposals will be encouraged to adopt an ecological approach to surface water management, ensure an appropriate level of treatment and exploit opportunities for the system to form an integral part of the Dundee Green Network through habitat creation or enhancement through measures such as the formulation of wetlands or ponds. Proposals should have no detrimental impact on the ecological quality of the water environment.
7.54 The proposed drainage provision comprises pipes within the application site and access roads which are to convey water to a SUDS are to the south east of the site. The SUDS area to be utilised by the development was previously approved as part of application 18/00115/FULM and relates to drainage provision which is designed to accommodate surface water from the previously approved development of 250 houses, and the proposed development of 16 houses.
7.55 The proposed drainage layout and the use of the previously approved SUDS provision is acceptable in principle. As with application 18/00115/FULM, it is recommended that conditions are attached should planning permission be granted to ensure detailed drainage information including construction SUDS, SUDS maintenance and evidence of Scottish Water approval are submitted.
7.56 The proposal is in accordance with Policy 37, subject to conditions.
7.57 Policy 39: Environmental Protection – states all new development or an extension to an existing development that would generate noise, vibration, odour, emissions to air, dust or light pollution will be required to demonstrate that it can be accommodated without an unsatisfactory level of disturbance on the surrounding area. New development or an extension to an existing development in close proximity to existing sources of noise, vibration, odour, emissions to air, dust or light pollution will need to demonstrate that it can achieve a satisfactory level of amenity without impacting on viability of existing businesses or uses.
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7.58 Due to the site’s rural location, sited away from main roads and surrounded primarily by agricultural and residential land uses the proposals do not raise any matters in relation to air quality, odour or noise.
7.59 The Head of Community Safety and Protection has requested that a management plan for Intrusive Non Native Species such as Giant Hogweed is submitted for approval and thereafter the eradication programme implemented. It is recommended this is controlled by condition.
7.60 The proposal is in accordance with Policy 39, subject to a condition.
7.61 Policy 41: Land Contamination - development of potentially contaminated or statutorily identified contaminated land will be considered where:
1 a site investigation is submitted establishing the nature and extent of contamination; and
2 the Council is satisfied that remediation measures proposed for the development, adequately address contamination risks to all receptors, such that the land demonstrably does not meet the statutory definition of contaminated land and is suitable for the planned use.
7.62 A Contaminated Land Report has been submitted. The Contaminated Land Report identifies no significant risk of contamination with the site primarily surfaced in top soil with sand/gravel below. However, further exploratory works and sampling will be required prior to the commencement of works on site. It is reasonable to apply planning conditions to ensure that further site investigations are carried out and if required remediation proposals approved before any development can commence.
7.63 The proposal is in accordance with Policy 41, subject to conditions.
7.64 Policy 44: Waste Management Requirements for Development - development proposals should demonstrate that they adequately address the Scottish Government's Zero Waste Policy and that sufficient provisions are made to maximise opportunities for waste reduction and waste separation at source and enable the separate collection of recyclable material as outlined in the Waste (Scotland) Regulations 2012. The policy also requires site waste management plans to be prepared and used during the construction of major developments.
7.65 The proposed site plan shows that provision for bin storage is made in the rear curtilage of the plots and an access path is available to the street. It has been demonstrated that the standard wheeled bin provision can be accommodated and there is sufficient space for waste separation and the separate collection of recyclables available.
7.66 The proposal is in accordance with Policy 44.
7.67 Policy 46: Delivery of Heat Networks - requires new development to consider the feasibility of meeting their heat demand through heat networks. A statement is required to be submitted with applications that are Major planning applications or are within locations identified within the Scotland’s heat map or the City’s heat strategy as close to significant heat supply or a planned heat network. Development layouts should be designed to be capable of connecting to a heat network or heat source and areas for pipe runs within the development should be safeguarded to enable future connectivity.
7.68 An Energy Statement and supporting information has been submitted with the application. The statement and submitted layout plan demonstrate that whilst there are no heat supplies or suitable connections within the surrounding area, the site has been designed to accommodate a heat network in future should a connection become viable. The site will have
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connections to surrounding streets and the applicant has provided details of potential pipeline routes within footpaths and verges should any future connections to a heat network be proposed.
7.69 The proposal is in accordance with Policy 46.
7.70 Policy 48: Low and Zero Carbon Technology in New Development - proposals for all new buildings will be required to demonstrate that a proportion of the carbon emissions reduction standard set by Scottish Building Standards will be met through the installation and operation of low and zero carbon generating technologies. A statement will be required to be submitted with an application for planning permission to demonstrate compliance with this requirement.
7.71 An Energy Statement has been submitted. This outlines that carbon reductions and emissions are achieved by improving the thermal performance of the building fabric and that all plots would be fitted with solar PV panels. Energy solutions including gas boilers, air source heat pumps and solar panels are considered.
7.72 The statement demonstrates the residential dwellings proposed can comply with the requirements of Building Standards as the wider residential development at Linlathen and that renewable technologies are to be provided.
7.73 The proposal is in accordance with Policy 48.
7.74 Policy 52: Scheduled Monuments and Archaeological Sites b) Archaeological Sites - states where any proposal could affect a site of known archaeological importance or potential, the applicant will be required to provide an assessment of the archaeological value of the site and the likely impact of the proposal on the archaeological resource. Such an assessment will require a field evaluation to be carried out to the reasonable satisfaction of the Council, to determine:
1 the character and extent of the archaeological remains;
2 the likely impact of the proposal on the features of archaeological interest; and
3 the ways in which the development proposal can be amended or designed in order to mitigate its impact on the archaeological remains.
Where the development is considered to be acceptable and it is not possible to preserve the archaeological resource in situ, the developer will be required to make arrangements for an archaeological investigation. Planning conditions will be used and agreements sought to secure these arrangements.
7.75 The application site formerly part of garden ground at Linlathen House in the 19th century. Previous programmes of archaeological research and fieldwork in advance of development across allocated housing site H46 has indicated the potential for unrecorded archaeological sites, monuments and deposits to exist on site.
7.76 There is therefore good reason to believe that archaeological deposits will exist on site. The applicant has as part of earlier phases of development to the west of the present application site submitted a written scheme of investigations.
7.77 To identify and recorded any archaeological deposits within the present application site, a written scheme of investigation requires to be prepared and implemented prior to any works on site. An archaeological condition is recommended to ensure that the applicant undertakes a suitable programme of archaeological investigation prior to any development.
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7.78 The proposal is in accordance with Policy 52 subject to a condition.
7.79 Policy 54: Safe and Sustainable Transport - all development proposals* that generate travel should be designed to be well served by all modes of transport. In particular the sustainable modes of walking, cycling and public transport should be afforded priority and provide for easy access to local amenities, education facilities and other services.
7.80 Development proposals will be required to:
1 minimise the need to travel by private car;
2 provide facilities on-site (and/or off-site through developer contributions or by direct delivery) for walking, cycling and public transport networks, including road/junction improvements and cycle parking. Developments without high quality, safe and convenient links to adjacent walking and cycling networks will not be supported;
3 incorporate measures to permit access to public transport networks within a walking distance of no more than 400 metres from all parts of the development;
4 have no detrimental effect on the capacity or safe functioning of the existing road or rail networks;
5 ensure that safe and adequate provision is made for road freight and waste access, loading and unloading;
6 comply with the National Roads Development Guide and any local variations within Dundee City Council’s roads design standards; and
7 be supported by a travel plan to mitigate transport impacts and improve the accessibility of developments where the Council considers that the development will generate significant travel.
Walking and cycling routes should be fully useable prior to the first occupation of a new development (*this includes the re-use of existing buildings).
In respect of the above criteria:
7.81 The proposal shows convenient footpath connections throughout the site and on to existing footways including the core path network and Linlathen Road. Whilst no public transport is currently available within the site, the site is within 200 metres of roads within the ongoing residential development at Linlathen which are designed to accommodate buses. Should future demand indicate that a bus route would be viable the proposed houses would be within walking distance of a bus route. Good foot and cycle connections are available to the existing bus stops on Arbroath Road and Balgillo Road East, located 800 metres to the south of the site.
7.82 The proposed development is provided with high quality, safe and convenient links to walking and cycling networks. Bicycle storage is to be provided within the curtilage of each dwelling and the proposed footpaths provide links to traffic free paths within the surrounding area. The site benefits from footpath and road connections to nearby amenities, including shops and services at Panmurefield Village and a supermarket at Claypotts.
7.83 As above, the site is connected by footpaths to bus stops on Arbroath Road and Balgillo Road. However, these stops are over 400 metres from the application site. The proposal does not
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therefore permit access to public transport networks within a walking distance of no more than 400 metres from all parts of the development.
7.84 A Transport Statement has been submitted and its findings accepted. The proposed development of 16 houses will not have a detrimental effect on the capacity or safe functioning of the existing road network including Arbroath Road, Balgillo Roundabout or Balgillo Road East. The provision of upgrade works at Claypotts to enhance capacity for west bound traffic has been secured through a legal agreement associated with application 18/00115/FULM, these upgrade works have been designed to accommodate the previously approved residential developments totalling 250 new build units at Linlathen and the present proposals for 16 new build units. The site layout has been formed to ensure suitable turning space and levels of visibility will be provided for cars and freight/waste management vehicles. It is recommended that planning conditions are attached to ensure the Council’s roads design standards are complied with.
7.85 The Transport Statement includes a Residential Travel Plan which details various proposals and opportunities for the site to be accessible by sustainable and active transport. The Travel Plan identifies pedestrian and cycle routes, bus services and amenities within the surrounding area which are accessible from the proposed development. It is recommended that a condition is used to ensure the developer implements the submit Residential Travel Plan and promotes the use of sustainable forms of transport to occupiers of the development.
7.86 The proposal does not fully accord with Policy 54.
7.87 Policy 56: Parking – Developments Outwith the City Centre
Vehicle Parking - all new developments shall be required to comply with Dundee City Council’s adopted guidance on road standards; with the national maximum parking standards; and the national minimum disabled parking standards. Residential developments should include infrastructure to provide electric car charging points, either through electrical connections adjacent to private driveways, or through infrastructure for the installation of charging points within communal car parking areas.
Cycle Parking - all new developments should include cycle parking facilities in accordance with Dundee City Council’s adopted guidance on roads standards and the Appendix 4 design standards.
7.88 As outlined previously the proposal meets the Appendix 4 parking standards for residential development in suburban areas, including the provision of electric charging points within garages at each dwelling.
7.89 As outlined previously the proposal meets the Appendix 4 standards for cycle storage. The applicant has demonstrated that secure cycle storage is to be provided within garages.
7.90 The proposal is in accordance with Policy 56.
7.91 It is concluded that the proposal does not comply with Policy 31 and Policy 54 of the Local Development Plan.
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MATERIAL CONSIDERATIONS
The material considerations to be taken into account are as follows:
A– LOCATION OF THE PROPOSED DEVELOPMENT AND ACCESS TO PUBLIC TRANSPORT
7.92 As considered within the main body of this report, the application is contrary to Policy 31 Development within the Open Countryside.
7.93 The proposed development would be located out with an allocated housing site. However, the proposed dwellings would integrate with the ongoing development of 250 houses at Linlathen sharing road connections, drainage infrastructure and greenspaces. The integration of the proposed houses with the ongoing development ensures the proposals do not create a stand-alone development, but form part of a wider residential area which includes houses, flats and associated open spaces within a semi-rural setting.
7.94 The application site which contains drainage infrastructure and is in a derelict state is suitable for redevelopment. The retention of the garden walls and low-density layout of the housing ensures the development would have no significant impact on the character of the surrounding area.
7.95 The application site is within an area where a number of residential developments have been considered in the past 20 years. These include planning permission for the 60 units within Clearwater View apartments in 2010 and planning permission for 39 houses at Linlathen House Lodge in 2005, now known as Clearwater Park. In these instances, whilst the sites were designated as open countryside material considerations supported approval of planning permission. The material considerations included the scale of the development, minimal impacts the developments would have on the surrounding area, that the development of these sites would not create a precedent for further major greenfield housing land release, and that the sites were not in prominent locations. These considerations are also applicable to the presently proposed development of 16 houses. The proposed houses would be associated with an established residential development at Balgillo Heights, and the application sites are within areas which would not support or facilitate further development in the immediate area. The proposed houses would not be positioned in a prominent location and would form part of the wider group of residential development at Linlathen. The site has been formed to provide spacious family homes with connections to surrounding roads and infrastructure.
7.96 As considered within the main body of this report, the application is contrary to Policy 54: Safe and Sustainable Transport.
7.97 The proposals include support for sustainable transport options through the provisions for cycle storage and the charging of electric vehicles at each house. The site is also connected to the surrounding area by footpaths and will provide connections to the core path network. As considered within the main body of this report, the application is contrary to Policy 54: Safe and Sustainable Transport.
7.98 With regards to Criterion 3 and access to public transport networks, the site is more than 400 metres from existing bus stops on Arbroath Road. As noted earlier in this report the site is within 200 metres of roads within the ongoing residential development at Linlathen which are designed to accommodate buses. Should future demand indicate that a bus route would be viable the proposed houses would be within walking distance of a bus route. Good foot and cycle connections are available to the existing bus stops on Arbroath Road and Balgillo Road East, located 800 metres to the south of the site.
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7.99 Overall, the proposed development would integrate with an established residential development at Linlathen and would not result in the loss of any high quality or useable agricultural land. There are material considerations which support the development of this derelict site to provide family housing, and contributes towards the provision of private housing within the city.
7.100 It is concluded that there are material considerations of sufficient weight in this case to justify approval of planning permission.
B– REPRESENTATIONS
7.101 Sixteen letters of objection were received, including objections from Dundee Civic Trust and Broughty Ferry Community Council raising the following valid material grounds:
• the proposed development would be car dependent and result in additional road traffic on Arbroath Road, Balgillo Road and at Claypotts. This, in addition to traffic generated by the wider residential development, will have a detrimental impact on road safety, increase congestion and impact upon the amenity of residents;
• the proposed residential development would have a detrimental impact on local wildlife, including protected species such as bats and badgers. The location of the site would also impact on Dighty Burn, a Wildlife Corridor and Locally Important Nature Conservation Site;
• the proposed development does not include or support the provision of affordable housing and would have a detrimental impact on local schools and services; and
• the proposed development is contrary to Local Development Plan Policy 31 as the dwellings would be sited within the open countryside area.
7.102 The grounds of objection are considered and assessed as follows:
• The proposed development would be car dependent and result in additional road traffic on Arbroath Road, Balgillo Road and at Claypotts. This, in addition to traffic generated by the wider residential development, will have a detrimental impact on road safety, increase congestion and impact upon the amenity of residents.
Response – the proposed development would integrate with an ongoing residential development to the west of the application site. A transport statement has been submitted with this application which demonstrates vehicles associated with the proposed development of 16 houses would have no adverse impact on road safety or increase congestion on surrounding roads. As part of the wider residential development at Balgillo Heights, a requirement to increase capacity at Claypotts was identified. The works required at Claypotts have been secured through planning application 18/00115/FULM and a legal obligation is in place which requires the applicant to fund the required works. The works are to be progressed by the Council.
The approved development of 250 homes at Linlathen contains roads which have been designed to accommodate buses when a service becomes viable. Each proposed dwelling will include charging provision for electric vehicles within the garage, and the site will be connected to the wider road and footpath network. The applicant has submitted a travel plan which will provide residents with details active travel and public transport options in the local area, encouraging the use of sustainable transport options where possible.
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• The proposed residential development would have a detrimental impact on local wildlife, including protected species such as bats and badgers. The location of the site would also impact on Dighty Burn, a Wildlife Corridor and Locally Important Nature Conservation Site.
Response – concerns were raised that the proposed residential development would have a detrimental impact on wildlife habitats within the site and surrounding area, including Dighty Burn Locally Important Nature Conservation Site to the south of the proposed development.
The applicant has provided a detailed tree survey and an ecology report in support of the application. Whilst trees are to be felled, mature trees to the north and south of the site are to be retained and protected during construction to ensure the arboreal amenity of the area is not impacted by the proposals. The Head of Environmental Management has no objection to the proposed landscaping scheme and felling of trees within the site, subject to the protection of trees which surround the site and provision of planting within the proposed development.
The submitted Ecological Constraints report notes there would be limited habitat loss through the felling of trees and additional light within the site post development. However, no protected species were identified within the application site and mitigation measures to support biodiversity in the local area, such as providing bat boxes, are identified within the report. The implementation of the recommended mitigation measures, both during construction and to support wildlife, can be controlled by condition. Through the retention of the existing stone walls, and group of trees to the sites south boundary the proposals would not detract from the environmental quality or range of wildlife species which are present within the Dighty Burn LINC. As considered under Policy 34 the completion of further surveys and implementation of a non-native species management plan can be controlled by condition. The development of the enclosed, derelict walled garden area which has recently been subject of construction works to facilitate drainage infrastructure would have no significant impact on local wildlife or biodiversity.
• The proposed development does not include or support the provision of affordable housing and would have a detrimental impact on local schools and services.
Response - Dundee City Council, as outlined in the Dundee Local Development Plan 2019, does not require contributions from developers towards the provision of affordable housing on site or off site.
In relation to schools, the Council's Supplementary Guidance on Developer Contributions notes that the site is in an area where the Primary School is close to capacity. It states that financial contributions towards enhancing primary school provision are required for any new housing development within this area. Accordingly, it is proposed to secure a contribution through a Planning Obligation.
With regard to local services, there are amenities including shops and services within the wider area. Whilst the site is not within 400 metres of an existing centre connections are provided to amenities including a supermarket to the west of the site.
• The proposed development is contrary to Local Development Plan Policy 31 as the dwellings would be sited within the open countryside area.
As considered within the main body of this report, the proposed development is contrary to the requirements of Policy 31 as the site is designated as Open Countryside. However, the proposed houses would integrate with an approved residential development at Linlathen and the development of a brownfield site does not result in the loss of useable agricultural land.
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Overall, the development of this derelict site to provide housing which contributes towards the provision of private housing within the city is considered to be acceptable.
7.103 The matters raised in objections have been considered and are not of sufficient weight to justify refusal of the application.
7.104 One Neutral representation was received. The representation did not raise concerns with the proposed houses, but highlighted the requirement for suitable access to be provided to existing residents within the area both during construction and post completion of any development.
7.105 Response – the development will provide road and footpath connections to the surrounding area from the proposed houses, and at existing dwellings in the area including a flatted development at Linlathen Grove. The existing accesses will adjoin a recently constructed main access road which will serve the approved houses at Balgillo Heights, and proposed dwellings to the east. Whilst there may be some temporary disruption and diversions during the construction phases, the proposed road layout and access will ensure safe pedestrian and vehicle access is provided to existing dwellings and proposed dwellings in the area.
7.106 It is concluded that there are material considerations of sufficient weight in this case to justify approval of planning permission. 8 CONCLUSION
8.1 The application for a development of housing within the Open Countryside Area does not fully accord with the Development Plan. However, there are material considerations of sufficient weight that would justify approval of planning permission. Therefore, it is recommended that planning permission be granted subject to conditions and a Planning Obligation. 9 RECOMMENDATION
Recommendation 1
9.1 This planning permission shall not be issued until an obligation under Section 75 of the Town and Country Planning (Scotland) Act 1997, between the Council and parties with appropriate interests in the land has been recorded. This obligation will relate to developer contributions towards the cost of education infrastructure provision. It is recommended that the applicant be allowed a period of 4 months to conclude and register the legal agreement.
Recommendation 2
9.2 It is recommended that planning permission be GRANTED subject to the following conditions:
1 Condition - development shall not begin until further risk assessment is completed and, if necessary; a remediation scheme to deal with any contamination at the site has been submitted to and approved in writing by the planning authority. The scheme shall contain proposals to deal with contamination to include:
i the nature, extent and type(s) of contamination on the site;
ii measures to treat/remove contamination to ensure the site is fit for the use proposed and does not contain any significant pollution linkages;
iii measures to deal with contamination during construction works;
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iv verification of the condition of the site on completion of decontamination measures.
Before any unit is occupied the remediation scheme shall be fully implemented and a verification report with relevant documentation demonstrating that the objectives of the remediation strategy have been achieved shall be submitted to and approved by the Council.
Reason – in the interests of enhancing the amenity and environmental quality of the development.
2 Condition – prior to the commencement of any works on site, a detailed surface water drainage/SUDSs design including drawings, calculations, full modelling, simulation results, design risk assessment, and signed Dundee City Council Design Compliance and Independent Check Certification, evidence of compliance with the Simple Index Approach as described in section 26.7.1 of the CIRIA SUDS Manual (C753), and where appropriate SEPA comments shall be submitted to the Council for written approval. Thereafter, all works approved by virtue of this condition shall be carried out prior to the first occupation of the any housing unit within the development hereby approved.
Reason - in the interests of flood protection.
3 Condition – prior to the commencement of any works on site, maintenance responsibilities along with a maintenance schedule for the surface water drainage system/SUDS features shall be submitted to the Council for written approval. Thereafter, all works approved by virtue of this condition shall be carried out in perpetuity.
Reason – in the interests of flood prevention and visual amenity.
4 Condition – prior to the commencement of any works on site, evidence of Scottish Water approval for the proposed drainage system for the development hereby approved shall be submitted to the Council for written approval.
Reason – in the interest of flood prevention.
5 Condition – prior to the commencement of any work on site, maintenance responsibilities along with a maintenance schedule for all communal/shared areas shall be submitted to the Council for written approval. Thereafter, all works approved by virtue of this condition shall be carried out in perpetuity.
Reason - to ensure that the proposed development has a satisfactory external appearance in the interests of the environmental quality and visual amenities of the area.
6 Condition - prior to the commencement of work on site, details of a scheme of public art to be provided within the development hereby approved shall be submitted to the Council for written approval. Thereafter, the approved scheme of public art shall be installed prior to the completion of the development hereby approved.
Reason - to ensure that the character of the application site and the surrounding area is maintained.
7 Condition - Details of the proposed roads including proposed road markings must be agreed prior to any works on site and the roads must be formed and constructed to Dundee City Council standards and specifications.
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Reason - in the interests of vehicle and pedestrian safety.
8 Condition - Prior to any works on site details of the proposed tie-in at the existing lane shall be agreed.
Reason - in the interests of vehicle and pedestrian safety.
9 Condition - A Street Lighting system must be provided by the applicant to Dundee City Council standards and specifications.
Reason - to ensure the roads are designed to limit vehicle speeds to 20mph.
10 Condition – A Residential Travel Pack shall be submitted to and agreed in writing by the Council and shall be issued to each residential dwelling prior to first occupation.
Reason - in the interests of promoting sustainable transport.
11 Condition - The hard surface within individual curtilages should be made of porous materials or provision should be made to direct run off water from the hard surface to a permeable or porous area or surface within the curtilage of the site.
Reason - to ensure that surface water from within the curtilage of the site does not drain to the adjacent adopted road.
12 Condition – prior to the commencement of development, full details of all boundary treatments shall be submitted to the Council for written approval. The details shall include the form and height of all stone walls and fencing within the site, including walls which are formed from salvaged stone. Thereafter, the boundaries shall be constructed in accordance with the agreed details.
Reason - in the interests of visual amenity.
13 Condition - prior to any works on site, the further survey work as laid out in Section 4.2 of ‘Walled Garden Ecological Constraints’ report dated December 2020 by EnviroCentre Limited shall be carried out in full, and submitted to the Council for written approval. The recommendations of the further surveys undertaken in accordance with this condition shall be implemented in full prior to the commencement of any development on the site.
Reason - in order to ensure the site is developed with due regard to any species on site.
14 Condition – the recommended mitigation measures laid out in section 4.3 of ‘Walled Garden Ecological Constraints’ report dated December 2020 by EnviroCentre Limited shall be fully implemented as part of the development.
Reason - in order to ensure the site is developed with due regard to any species on site.
15 Condition – prior to the commencement of development, full details of nesting boxes and resting provision for wildlife shall be submitted to the Council for written approval. Thereafter, the nesting boxes and resting places shall be installed on site as the agreed details prior to first occupation of the development hereby approved.
Reason - in order to ensure the site is developed with due regard to any species on site.
16 Condition – the landscaping as illustrated on submitted drawing ‘Landscaping Plans no. 437.30.04a’ December 2020 shall be implemented in full prior to first occupation of the
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residential development hereby approved. An Arboricultural Consultant shall inspect all nursery stock and provide a report to the Council that it complies with the landscape plans hereby approved prior to it being planted. All tree planting to be carried out as per BS:8545:2014. Any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within 5 years of planting shall be replaced by trees or shrubs of similar size and species to those originally required to be planted in terms of this condition.
Reason - to ensure that the proposed development has a satisfactory external appearance in the interests of the visual amenities of the area.
17 Condition – prior to the commencement of any development, any site scraping or entry of construction traffic, tree protection fencing in accordance with BS5837:2012 shall be erected on site in the positions agreed within the submitted Tree Survey Report under the supervision of the applicant's arboricultural consultant and to the satisfaction of the City Council. Such fencing shall be retained in place throughout the construction period and relocation of any fencing shall be agreed with the Forestry and Enforcement officers prior to any movement of the fencing.
Reason – to ensure protect trees are retained and that the character of the application site and the surrounding area is maintained.
18 Condition – a treatment plan for the management of Non Native Invasive Species on this site shall be devised. The treatment plan must detail the measures required for the control/eradication of any Non Native Invasive Species including the frequency of such treatment. Given the nature of Non Native Invasive Species the treatment plan must apply for a period of at least 5 years. Thereafter, the site must adopt a maintenance plan should the Non Native Invasive Species continue to grow. The treatment plan must be implemented prior to the occupation of the houses by the residents."
Reason – in order to minimise the impact on Ecology and to ensure that Invasive Non Native Species are removed from the site.
19 Condition – prior to commencement of any development, the developer shall implement a programme of archaeological works in accordance with a detailed written scheme of investigation which has been submitted by the developer and approved in writing by this Planning Authority.
Reason – in order to safeguard the archaeological heritage of the site and to ensure that the developer resources the investigation, recording and rescue of archaeological remains on site prior to their destruction by development.
Informatives
1 A Road Construction Consent (RCC) application (found via the following link on DCC website: http://www.dundeecity.gov.uk/a2z/constructionconsent ) must be submitted to Dundee City Council as Roads Authority for work on the adjacent public road or footway and consent for this must be obtained prior to the commencement of any work on the public road or footway. For further details please contact 01382 433341 or [email protected].
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Erection of 15 Houses with Associated Infrastructure
KEY INFORMATION Ward: The Ferry Address Land North of 1-19 Linlathen Grove Broughty Ferry Dundee
Applicant Kirkwood Homes Limited Sauchen, Inverurie
Agent Emac Planning
Registered: 11 January 2021 Report by Head of Planning & Economic Development Contact: Craig Swankie SUMMARY OF REPORT • Planning permission is sought for a residential development of 15 houses. The proposal relates to a residential development at Linlathen Village which is currently under construction.
• The application site is within an area of Open Countryside to the east of allocated housing site H46. The site presently contains amenity grassland, a dwelling house and access tracks.
• The application does not fully accord with Policy 31 and Policy 54 of the Development Plan. However, there are material considerations which support the approval of planning permission. • The statutory neighbour notification process was undertaken and the application advertised in the local press. Eleven letters of objection were received and one neutral representation was received from Dundee Civic Trust.
• In accordance with Dundee City Council's scheme of delegation, this application is to be determined by the Planning Committee as 6 or more valid written objections have been received and the recommendation is for approval. • More details can be found at http://idoxwam.dundeecity.gov.uk/idoxpa- web/applicationDetails.do?activeTab=documents&keyVal=QLJGSSGCM4R00
RECOMMENDATION The proposal does not fully comply with the Development Plan. However, there are material considerations of sufficient weight to justify approval of planning permission. It is therefore recommended that planning permission be APPROVED subject to conditions and a Section 75 Obligation to secure developer contributions towards education infrastructure.
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1 DESCRIPTION OF PROPOSAL
1.1 Permission is sought for a residential development of 15 houses. Landscaping, open space and footpath links would be formed within the development to connect the site to the surrounding area including Linlathen Road, the Core Path Network and a residential development to the west which is currently under construction.
1.2 All dwelling houses are proposed to be one and a half or two storeys high with pitched roofs. There would be a range of three and four bed dwelling houses in the form of detached properties. There are 5 different house types proposed which would be finished with grey concrete roof tiles, white dry dash render and white UPVC windows. All in curtilage parking areas are to be finished in a charcoal colour mono block.
1.3 The proposal includes the formation of a main access road taken from Linlathen Road which provides access to the proposed dwellings, and a proposed development of 16 houses to the east which is subject of a separate planning application. It is also proposed to form pedestrian footpaths which provide connections to the west of the site, linking the proposals with existing footpaths including the core path network and Linlathen Road.
1.4 Within the east and west of the site areas of landscaping are proposed with trees and a footpath. The landscaping has been designed to provide an attractive entrance to the proposed development and ensures the site has access to the surrounding path network. The proposed drainage layout would not provide SUDS within the site, with surface water being conveyed to a SUDS system which was previously approved to the south east of the site under planning permission 18/00115/FULM. The previously approved SUDS provision has capacity to accommodate the proposed dwellings.
1.5 The applicant has submitted the following in support of the application:
• Planning and Design Statement;
• Contaminated Land Site Investigation;
• Transport Statement;
• Ecological Assessment;
• Archaeological Assessment;
• Energy Statement; and
• Drainage Strategy.
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Figure 1 – Proposed Site Plan
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Figure 2 – Proposed Elevations
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2 SITE DESCRIPTION
2.1 The site is located to the north of an existing flatted development at Linlathen Grove, within the east of the city. The site is located approximately 750m to the north of the A92 Arbroath Road, and is located to the north of Clearwater Park and Strathyre Avenue residential areas.
2.2 The site comprises an area of generally level ground measuring 1.14 hectares, immediately to the east of a residential development which is currently under construction. The site previously contained agricultural buildings and access tracks. Areas of the site have been cleared in recent years, with access tracks remaining within the north of the site, and amenity grassland within the south. The surrounding area contains a mixture of residential developments to the south, north and west, with a dwelling house and agricultural land beyond to the east.
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Figure 3 – Site viewed from west boundary
Figure 4 – View Towards Centre of The Site
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3 POLICY BACKGROUND
3.1 The following plans and policies are considered to be of direct relevance:
DUNDEE LOCAL DEVELOPMENT PLAN 2019 Policy 1: High Quality Design and Placemaking Policy 2: Public Art Contribution Policy 9: Housing Land Release Policy 10: Design of New Housing Policy 20: Funding of On and Off Site Infrastructure Provision Policy 28: Protecting and Enhancing the Dundee Green Network Policy 30: Green Infrastructure Maintenance Policy 31: Development within the Open Countryside Policy 34: Protected Species Policy 35: Trees and Urban Woodland Policy 37: Sustainable Drainage Systems Policy 39: Environmental Protection Policy 41: Land Contamination Policy 44: Waste Management Requirements for Development Policy 46: Delivery of Heat Networks Policy 48: Low and Zero Carbon Technology in New Development Policy 52: Scheduled Monuments and Archaeological Sites Policy 54: Safe and Sustainable Transport Policy 56: Parking
3.2 The following Non-Statutory Statements of Council Policy are relevant to this application:
Dundee Local Development Plan 2019 – Developer Contributions.
3.3 There are no other plans, policies and non-statutory statements that are considered to be of direct relevance. 4 SITE HISTORY
4.1 Planning application 18/00115/FULM for the erection of 150 houses with associated infrastructure, open space and landscaping was refused by Planning Committee in June 2018. This decision was appealed by the applicant to the DPEA. The DPEA upheld the appeal and granted planning permission subject to conditions and a planning obligation in June 2019.
4.2 Planning application 19/00799/FULM for the erection of 100 houses with associated infrastructure, open space and landscaping was refused by Planning Committee in January 2020. This decision was appealed by the applicant to the DPEA. The DPEA upheld the appeal and granted planning permission subject to conditions in October 2020.
4.3 Planning application 20/00823/FULL for the erection of 16 houses with associated infrastructure was submitted in December 2020 and is currently under consideration. This application will be determined by planning committee. 5 PUBLIC PARTICIPATION
5.1 The statutory neighbour notification procedure has been undertaken and the application advertised in the local press.
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5.2 11 objections have been received raising the following material considerations:
• proposed dwellings development would generate additional road traffic, which in addition to traffic generated by the wider residential development will have a detrimental impact on road safety, increase congestion and impact upon the amenity of residents;
• the proposed residential development would have a detrimental impact on local wildlife, including protected species such as bats and badgers. The location of the site would also impact on Dighty Burn, a Wildlife Corridor and Locally Important Nature Conservation Site; and
• the proposed development is contrary to Local Development Plan Policy 31 as the dwellings would be sited within the open countryside area.
5.3 One letter of neutral representation was received from Dundee Civic Trust. The Trust acknowledges the site has previously been subject of a planning permission for residential development under planning application. Therefore, although the site is within the open countryside area there is a precedent of residential development being supported in this location. The Trust does however raise concerns that as with the wider residential development at Linlathen the proposal will increase pressure on the local road network and local services including schools and GPs.
5.4 The valid grounds of representation are taken into account in the material considerations section of this report. 6 CONSULTATIONS
6.1 Archaeological Consultant – has no objection but comments that there is a chance of the proposed development impacting on buried archaeological deposits. Accordingly, it is recommended that should permission be granted a condition is attached requiring archaeological works be undertaken and associated reporting submitted.
6.2 The Head of Community Safety and Protection – has no objection and has commented on the following matters:
• Contaminated Land – recommends planning conditions are attached should permission be granted in relation to the undertaking of further site investigations and the provision of a remediation strategy if required.
• Noise – has no objection
• Environment – recommends a planning condition is attached should permission be granted in relation to the provision and implementation of an Invasive Non Native Species Management Plan.
6.3 The Head of Neighbourhood Services – has no objection and has commented on the following matters:
• Greenspace – it is recommended that planning conditions are attached should permission be granted in relation to the implementation of tree protection measures and provision of bat and bird boxes as recommended within the submitted Tree Survey and Ecology report.
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6.4 The Head of Sustainable Transport and Roads - has no objection and has commented on the following matters:
• a Transport Statement has been submitted and the findings accepted. It is recommended planning conditions are attached to any consent granted in relation to the implementation of a residential travel plan and to ensure details of the roads and markings are agreed with Dundee City Council.
6.5 Scottish Water – has no objection to the application.
77 DETERMININGDETERMINING ISSUES ISSUES
7.1 Section 25 of the Town and Country Planning Act 1997 as amended provides that an application for planning permission (other than for a national development) shall be determined in accordance with the Development Plan unless material considerations indicate otherwise.
THE DEVELOPMENT PLAN
The provisions of the Development Plan relevant to the determination of this application are specified in the Policy Background section above.
DUNDEE LOCAL DEVELOPMENT PLAN 2019
7.2 Policy 1: High Quality Design and Placemaking – all development proposals should follow a design-led approach to sustainable, high quality placemaking. Development should contribute positively to the quality of the surrounding built and natural environment and should be planned and designed with reference to climate change mitigation and adaptation. The design and siting of development should respect the character and amenity of the place, create a sense of community and identity, enhance connectivity and incorporate creative approaches to urban design, landscaping and green infrastructure, appropriate to the local context and the scale and nature of the development. New development will be required to meet the 6 qualities of successful place in accordance with the guidance provided in Appendix 1.
7.3 The proposal is for 15 detached houses with 3 and 4 bedrooms. There are proposed to be 5 different house types finished in materials including white render and concrete roof tiles. The proposed finishes and house types contribute positively towards the quality and identity of the development. The proposed driveways are to be surfaced in block paving with a dark grey charcoal finish. As well as timber boundary fencing within the site, it is proposed to use feature stone boundary walls with fencing above, hedging, trees and shrubs. The provision of high quality soft and hard landscaping will ensure the new development provides a high quality streetscape which is in keeping with the rural character of the surrounding area.
7.4 With regard to Appendix 1, this states that the scale, nature and location of the development will determine the extent to which the six qualities are appropriate to the assessment process. Appendix 1 is assessed as follows:
Distinctive - a Planning and Design Statement together with elevation drawings and details of proposed finish materials have been provided with the application. The statement and drawings demonstrate that the proposed one and a half and two storey houses will provide variation and contribute positively to developing a rural character within the proposed development. It is proposed to provide a variety of trees and landscaped towards the edges of the site which incorporates footpaths and pedestrian accesses to the surrounding area. The
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dwellings front onto the main access roads which are to be finished in tarmac with sections of block paving to define shared streets. Access will be taken from Linlathen Road to the west. The majority of the dwellings are to be orientated into the site, with two dwellings to face west onto the access road to the west of the site. The orientation of the dwellings provides a welcoming entrance to the development and creates an attractive streetscape. New footpaths will be created to provide access through the site and link the development to the surrounding area. Green infrastructure is to be provided and enhanced as part of the proposal. The design and layout seeks to include areas of focus around open space and provides opportunities for enhancing biodiversity.
Safe and Pleasant – vehicular access to the site is to be taken from Linlathen Road to the west. New footpaths will be created to provide access through the site and link the development to the adjoining residential development to the west. There are to be useable areas of greenspace within the west of the site, as well as areas of greenspace with the wider area. The greenspace is overlooked by the proposed dwellings which will provide natural surveillance due to the orientation of houses. The provision of open space within the site and landscaping ensures the development is vibrant and attractive. The use of a range of 5 house types and boundary materials together with the layout of the site to provide frontages onto main roads and open spaces ensures the development will be attractive and contribute to the local streetscape.
Easy to Move Around and Beyond – new footpaths have been sensitively integrated into the proposed site layout to connect to the adjoining residential development which provides links to the Core Path Network and Linlathen Road to the west. Connections to existing roads and footpaths provide links to bus stops and active travel routes on Arbroath Road and Balgillo Road to the south of the site.
Welcoming – it is proposed to provide a range of boundary treatments including stone walls, timber fences and hedging to form features along the sites main access road. Within the development houses are to front onto roads and landscaping is proposed to provide a welcoming entrance and high quality streetscape creating a sense of identity to the development. The footpaths within the site will be open in nature with landscaping and are overlooked by the new houses, offering natural surveillance and a safe and welcoming environment. The proposal positively promotes wayfinding and a sense of orientation.
Adaptable – the proposed houses will be a positive addition to the mix of houses in the area. Open space is to be provided within the development which incorporates connections to existing path networks.
Resource Efficient – an Energy Statement has been submitted. This outlines that carbon reductions and emissions are achieved by improving the thermal performance of the building fabric. Solar PV panels are specified for all of the proposed houses and energy efficient materials are to be used in construction. Waste and recycling will accord with the Council’s Waste Management Strategy. Green infrastructure is to be provided as part of the proposals and connections to existing public roads and core path network will be retained and enhanced.
7.5 The proposal meets the requirements of Appendix 1 and is in accordance with Policy 1.
7.6 The proposed residential development of a range of types and sizes will make a positive contribution to the site. The design and layout has been sensitively considered to respect the character and amenity of the surrounding area and the proposal will have green infrastructure.
7.7 The proposal is in accordance with Policy 1.
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7.8 Policy 2: Public Art Contribution – all developments in Dundee with construction costs of £1 million or over will be required to allocate at least 1% of construction costs for the inclusion of art projects in a publicly accessible/visible place or places within the development.
7.9 The proposal is a development of 15 units. The applicant considers an art project can be provided, however no proposals are made within the application. The provision of full details of public art provision within the development and its implementation will be required. It is recommended that the provision of public art within the development is secured by condition.
7.10 The proposal is in accordance with Policy 2, subject to a condition.
7.11 Policy 9: Housing Land Release – priority will be given to the development of the allocated brownfield and greenfield sites. Housing land release on brownfield sites, in addition to the allocations set out in Appendix 3, may be acceptable where it can be demonstrated that it will improve the tenure mix in an area where existing choice is limited and would make a positive contribution to the regeneration objectives of the area.
7.12 The site, whilst out with the allocated housing site H46 is considered brownfield land having previously been occupied by agricultural buildings and presently containing access tracks and amenity grassland. The site, which has historically been subject of planning permission 10/00298/FULM for residential development, has been altered in recent months to provide drainage infrastructure and access roads for the Balgillo Heights residential development to the north west of the site.
7.13 The current application demonstrates that 15 units could be developed on the site in a manner that would not have any detrimental impact on the quality of the overall development. The proposed development would contribute to the range of dwellings within the east of the city through the provision of 3 and 4 bedroom houses for the private market. The proposed houses will support the availability of new build private housing in the local area and the provision of a range of family homes. The proposed site layout, and links to surrounding footpaths and proximity of amenities including a supermarket ensure the proposed development will be accessible and, provide a high-quality residential amenity. The proposed development would have no impact on the delivery of new housing within allocated housing sites around the city.
7.14 Overall, the proposed development would contribute positively to the local housing mix in the local area.
7.15 The proposal is in accordance with Policy 9.
7.16 Policy 10: Design of New Housing – the design and layout of new housing developments in Dundee should be of a high quality and contribute to creating places that respect and enhance the distinct character and identity of the different parts of the city. All new housing developments should meet the six qualities of successful place, as set out in Policy 1 and should provide a balanced choice and type of housing. All new housing developments will be required to conform to the guidance on the Design of New Housing set out in Appendix 4. All new housing developments will need to ensure that the design and layout respects and enhances the character of adjoining properties and the surrounding area and does not have a detrimental impact on residential amenity and parking.
7.17 The proposal is required to meet the suburban standards for houses set out in Appendix 4 which requires the following:
House Type - in general, 75% of houses should have 3 or more bedrooms or a minimum gross internal floor area of 100m2.
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Response – the 15 houses proposed include 7no 3 bedroom and 8no 4 houses. As such 100% of houses would have 3 or more bedrooms and therefore the proposal meets the standards.
Car Parking – all car parking should be located within the curtilage of each house. All tenures should have at least 1 space. Private houses with 3 bedrooms should have at least 2 spaces. Private houses with 4 or more bedrooms should have at least 3 spaces.
Response – each house would provide in curtilage parking, with the three-bedroom houses having 2 spaces and four-bedroom houses having 3 spaces. The proposed dwellings feature integrated garages and in curtilage parking spaces to the front of the houses. The level of in curtilage parking provision at each plot meets the requirements of Appendix 4.
Cycle Provision - one secure, covered space per house must be provided unless a suitable garage or other secure area is provided within the curtilage of the house.
Response – all of the proposed dwellings feature garages, with space for cycles indicated on the submitted plans. The proposal meets this requirement.
Amenity/Garden Ground – brownfield sites will provide an average private useable garden ground of 140m2 per house with a minimum garden size of 120m2. The provision for mid terrace houses may be relaxed
Response – the application site is brownfield land. The average private useable garden ground of the development is 147m2 and all of the proposed gardens meet the minimum 120m2 requirement.
Privacy - a minimum of 18 metres between the facing windows of habitable rooms.
Response – there would be at least 18 metres between the windows of habitable rooms of the proposed housing and the existing housing.
General Requirement - provision for waste and recycling should be provided in accordance with the Council’s waste management strategy.
Response – the site plan shows that every property will have a designated bin storage area within the rear curtilage. Access from the rear curtilage to the street will be available. Provision can be achieved in accordance with the Council’s Waste Management Strategy.
General Requirement – parking areas should include provision for electric car charging points.
Response – the applicant has confirmed that all proposed houses will have provision for electric car chargers within the integrated garages.
7.18 The proposal is in accordance with Policy 10 and the Appendix 4 standards.
7.19 Policy 20: Funding of On and Off Site Infrastructure Provision - states that the City Council, where necessary and appropriate, will seek to secure developer contributions towards the cost of infrastructure provision both on and off the site.
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The principles that guide the requirement for contributions and the preparation of the Developer Contributions Supplementary Guidance are:
1 fair and proportionate developer contributions for all developments on sites allocated in either the Dundee Local Development Plan or in terms of windfall development;
2 developer contributions will be sought where a need for new or improved services, facilities or infrastructure has been demonstrated that relates directly to the requirements or impacts of a proposed development;
3 flexibility in approach to ensure that development can be brought forward in varied economic circumstances while ensuring that the development has no net detriment; and
4 facilitate informed decision making by those involved in the development process, allowing potential financial implications to be factored into development appraisals prior to commercial decisions and actions being undertaken.
7.20 The Developer Contributions Supplementary Guidance (SG) states that housing development in this location will be required to make a financial contribution towards enhancing primary school provision. Accordingly, it is recommended that Members secure the required financial contributions via a Planning Obligation in accordance with the SG for the 15 dwellings if minded to approve the application.
7.21 The residential development at Linlathen within allocated housing site H46 necessitates junction improvements at Claypotts. These improvements have previously been secured through the Planning Obligation associated with application 18/00115/FULM for 150 houses at Linlathen. The secured works to Claypotts are sufficient to accommodate 250 new dwellings as approved within site H46, and the residential dwellings presently proposed. No further contributions are therefore required for infrastructure improvements as part of the present application.
7.22 The SG also requires connections for cycling and walking routes to the wider Dundee core path network and green infrastructure. The applicant has illustrated this on the proposed site layout.
7.23 The proposal is in accordance with Policy 20, subject to a planning obligation.
7.24 Policy 28: Protecting and Enhancing the Dundee Green Network – development proposals shall protect and enhance the Dundee Green Network by ensuring that development will not lead to the fragmentation of the existing network of green infrastructure. New development should contribute to the Dundee Green Network where appropriate and as determined by the Council, through the integration of green infrastructure in masterplans or development frameworks and the creation and/or improvement of green infrastructure within development sites or in the local area.
7.25 The proposed layout provides open space towards the edges of the site and connections to existing path networks to the south and west. The proposed footpaths ensure the development connects to the surrounding area, including core path network. The connections onto the core path network and surrounding roads ensures the development integrates with the surrounding area, to the enhancement of connectivity and local green infrastructure.
7.26 The proposal is in accordance with Policy 28.
7.27 Policy 30: Green Infrastructure Maintenance – the Council will apply planning conditions or Section 75 obligations to planning permissions to make suitable provision for the long-term
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maintenance of green infrastructure (including open space and landscaping associated with Sustainable Drainage Systems) in new housing developments, based on the following options:
1 green infrastructure will be adopted by the Council, subject to appropriate agreements with the developer over the landscaping scheme and annual maintenance, including payment of a commuted sum to cover annual maintenance costs; or
2 a developer may lay out the green infrastructure, transfer the land to a suitable third party, and either:
i pay a commuted sum to cover maintenance costs; or
ii hand over the maintenance costs to residents of the new development.
This latter option should be clearly set out in the sale agreement so residents agree to effectively share the cost of maintaining green infrastructure on an annual basis.
7.28 Within the site there will be areas adopted by the Council including sections of road and footpaths. Other areas of landscaping are proposed to be privately maintained by a factor. In order to secure this it is recommended that a condition is attached to any planning permission granted.
7.29 The proposal is in accordance with Policy 30 subject to a condition to secure the long term maintenance of the green infrastructure.
7.30 Policy 31: Development within the Open Countryside – states there will be a presumption against all new development unless:
1 the proposed development consists of no more than one additional building in a group of up to seven buildings or by two additional buildings in a larger group; or
2 the proposed development involves the restoration of an existing stone building of architectural merit and that has four walls surviving to wall head height; or
3 the proposed development is supported by an agricultural justification; or
4 the proposed development is consistent with a masterplan, strategy or programme approved by the Council.
7.31 The application site is contained within the Open Countryside at Linlathen, as designated by the Dundee Local Development Plan 2019.
7.32 The proposal relates to a development of 15 houses. Whilst there are existing residential dwellings in the immediate area, the proposal would result in more than two additional dwellings within the existing building group. The proposal therefore fails to meet the criteria 1 of this policy.
7.33 The proposed development does not include the restoration of a stone building of architectural merit, is not supported by an agricultural justification and is not consistent with any masterplan, strategy or programme approved by the Council. The proposal therefore fails to meet criteria 2,3 or 4 of Policy 31.
7.34 The proposal is therefore contrary to the requirements of Policy 31.
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7.35 Policy 34: Protected Species - states development proposals which are likely to have a significant effect on a European protected species will not be supported unless:
1 there is no satisfactory alternative; and
2 the development is required for preserving public health or public safety or for other imperative reasons of overriding public interest including those of a social or economic nature or which have beneficial consequences of primary importance for the environment.
7.36 Development proposals which would be detrimental to the maintenance of the population of a European protected species at a favourable conservation status in its natural range will not be supported.
7.37 Development proposals that would be likely to have an adverse effect on a species protected under the Wildlife and Countryside Act 1981 (as amended) will not be supported unless the development is required for preserving public health or public safety. For development affecting a species of bird protected under the 1981 Act there must also be no other satisfactory solution.
7.38 An Ecological Assessment was submitted with the application. The application site contains a mixture of surfaces including recently established amenity grassland, bare ground and existing and demolished buildings. The Ecological Assessment recommends that further surveys are completed in relation to invasive non-native species and bat roosting locations prior to the commencement of any works within the site as bats and Non Native Invasive Species are known to be present in the surrounding area. It is recommended the provision of the additional surveys and implementation of any identified mitigation measures be controlled by condition to ensure the proposals has no detrimental impact on wildlife.
7.39 The Ecological Assessment outlines areas where the development can contribute to the enhancement of local ecology, including the provision of native trees and boxes for bats and birds. The applicant has stated they would be agreeable to such provision, however full details require to be agreed with the Council. It is recommended that provision of tree protection measures during construction, and the provision of planting and bird/bat boxes within the site are agreed by condition.
7.40 The proposal is in accordance with Policy 34, subject to conditions.
7.41 Policy 35: Trees and Urban Woodland - supports the establishment and enhancement of woodland, tree belts and corridors and states that new development must ensure the survival of healthy mature trees through sensitive site layout. Where appropriate, proposals must be accompanied by a tree planting and landscaping scheme which includes supporting justification and sufficient map based material to document existing planting within the site as well as new planting and maintenance arrangements.
7.42 There are a number of Tree Preservation Orders (TPO) within and around the site. The site is contained within TPO 06/13 and includes a range of tree types including Sycamore and willow. A Tree Survey was submitted with the application and the report confirms that 5 trees are to be felled within the north of the site to accommodate the proposed houses. The trees proposed to be felled are noted as being of low quality. Nine trees will be retained within the site, including all Category A (high quality) and Category B (medium quality) trees.
7.43 Within the east of the site an existing group of trees is to be retained and tree protection measures implemented during construction. No other trees/tree groups within the surrounding area are impacted by the proposals, and compensatory planting is proposed within the site. To ensure there is no impact on the trees within the established group it is recommended that
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Members condition the provision tree protection measures should they be minded to approve the application.
7.44 The proposal is in accordance with Policy 35, subject to conditions.
7.45 Policy 37: Sustainable Drainage Systems - surface water discharging to the water environment from new development must be treated by a Sustainable Drainage System (SuDS) except for single houses or where discharge is to coastal waters. SuDS should be designed so that the water level during a 1:200 year rainstorm event plus allowances for climate change and future urban expansion is at least 600mm below finished floor levels. This incorporates an allowance for the effect of climate change. In addition, proposals will be encouraged to adopt an ecological approach to surface water management, ensure an appropriate level of treatment and exploit opportunities for the system to form an integral part of the Dundee Green Network through habitat creation or enhancement through measures such as the formulation of wetlands or ponds. Proposals should have no detrimental impact on the ecological quality of the water environment.
7.46 The proposed drainage provision comprises pipes within the application site and access roads which are to convey water to a SUDS are to the south east of the site. The SUDS area to be utilised by the development was previously approved as part of application 18/00115/FULM and relates to drainage provision which is designed to accommodate surface water from the previously approved development of 250 houses, and the proposed development of 15 houses.
7.47 The proposed drainage layout and the use of the previously approved SUDS provision is acceptable in principle. As with application 18/00115/FULM, it is recommended that conditions are attached should planning permission be granted to ensure detailed drainage information including construction SUDS, SUDS maintenance and evidence of Scottish Water approval are submitted.
7.48 The proposal is in accordance with Policy 37, subject to conditions.
7.49 Policy 39: Environmental Protection – states all new development or an extension to an existing development that would generate noise, vibration, odour, emissions to air, dust or light pollution will be required to demonstrate that it can be accommodated without an unsatisfactory level of disturbance on the surrounding area. New development or an extension to an existing development in close proximity to existing sources of noise, vibration, odour, emissions to air, dust or light pollution will need to demonstrate that it can achieve a satisfactory level of amenity without impacting on viability of existing businesses or uses.
7.50 Due to the site’s rural location, sited away from main roads and surrounded primarily by agricultural and residential land uses the proposals do not raise any matters in relation to air quality, odour or noise.
7.51 The Head of Community Safety and Protection has requested that a management plan for Intrusive Non Native Species such as Giant Hogweed is submitted for approval and thereafter the eradication programme implemented. It is recommended this is controlled by condition.
7.52 The proposal is in accordance with Policy 39, subject to a condition.
7.53 Policy 41: Land Contamination - development of potentially contaminated or statutorily identified contaminated land will be considered where:
1 a site investigation is submitted establishing the nature and extent of contamination; and
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2 the Council is satisfied that remediation measures proposed for the development, adequately address contamination risks to all receptors, such that the land demonstrably does not meet the statutory definition of contaminated land and is suitable for the planned use.
7.54 A Contaminated Land Report has been submitted. The Contaminated Land Report identifies no significant risk of contamination with the site primarily surfaced in top soil with sand/gravel below. However, further exploratory works and sampling will be required prior to the commencement of works on site. It is reasonable to apply planning conditions to ensure that further site investigations are carried out and if required remediation proposals approved before any development can commence.
7.55 The proposal is in accordance with Policy 41, subject to conditions.
7.56 Policy 44: Waste Management Requirements for Development - development proposals should demonstrate that they adequately address the Scottish Government's Zero Waste Policy and that sufficient provisions are made to maximise opportunities for waste reduction and waste separation at source and enable the separate collection of recyclable material as outlined in the Waste (Scotland) Regulations 2012. The policy also requires site waste management plans to be prepared and used during the construction of major developments.
7.57 The proposed site plan shows that provision for bin storage is made in the rear curtilage of the plots and an access path is available to the street. It has been demonstrated that the standard wheeled bin provision can be accommodated and there is sufficient space for waste separation and the separate collection of recyclables available.
7.58 The proposal is in accordance with Policy 44.
7.59 Policy 46: Delivery of Heat Networks - requires new development to consider the feasibility of meeting their heat demand through heat networks. A statement is required to be submitted with applications that are Major planning applications or are within locations identified within the Scotland’s heat map or the City’s heat strategy as close to significant heat supply or a planned heat network. Development layouts should be designed to be capable of connecting to a heat network or heat source and areas for pipe runs within the development should be safeguarded to enable future connectivity.
7.60 An Energy Statement and supporting information has been submitted with the application. The statement and submitted layout plan demonstrate that whilst there are no heat supplies or suitable connections within the surrounding area, the site has been designed to accommodate a heat network in future should a connection become viable. The site will have connections to surrounding streets and the applicant has provided details of potential pipeline routes within footpaths and verges should any future connections to a heat network be proposed.
7.61 The proposal is in accordance with Policy 46.
7.62 Policy 48: Low and Zero Carbon Technology in New Development - proposals for all new buildings will be required to demonstrate that a proportion of the carbon emissions reduction standard set by Scottish Building Standards will be met through the installation and operation of low and zero carbon generating technologies. A statement will be required to be submitted with an application for planning permission to demonstrate compliance with this requirement.
7.63 An Energy Statement has been submitted. This outlines that carbon reductions and emissions are achieved by improving the thermal performance of the building fabric and that all plots
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would be fitted with solar PV panels. Energy solutions including gas boilers, air source heat pumps and solar panels are considered.
7.64 The statement demonstrates the residential dwellings proposed can comply with the requirements of Building Standards as the wider residential development at Linlathen and that renewable technologies are to be provided.
7.65 The proposal is in accordance with Policy 48.
7.66 Policy 52: Scheduled Monuments and Archaeological Sites b) Archaeological Sites - states where any proposal could affect a site of known archaeological importance or potential, the applicant will be required to provide an assessment of the archaeological value of the site and the likely impact of the proposal on the archaeological resource. Such an assessment will require a field evaluation to be carried out to the reasonable satisfaction of the Council, to determine:
1 the character and extent of the archaeological remains;
2 the likely impact of the proposal on the features of archaeological interest; and
3 the ways in which the development proposal can be amended or designed in order to mitigate its impact on the archaeological remains.
Where the development is considered to be acceptable and it is not possible to preserve the archaeological resource in situ, the developer will be required to make arrangements for an archaeological investigation. Planning conditions will be used and agreements sought to secure these arrangements.
7.67 The application site was formerly part of Linlathen House in the 19th century. Previous programmes of archaeological research and fieldwork in advance of development across allocated housing site H46 has indicated the potential for unrecorded archaeological sites, monuments and deposits to exist on site.
7.68 There is therefore good reason to believe that archaeological deposits will exist on site. The applicant has as part of earlier phases of development to the west of the present application site submitted a written scheme of investigations.
7.69 To identify and recorded any archaeological deposits within the present application site, a written scheme of investigation requires to be prepared and implemented prior to any works on site. An archaeological condition is recommended to ensure that the applicant undertakes a suitable programme of archaeological investigation prior to any development.
7.70 The proposal is in accordance with Policy 52 subject to a condition.
7.71 Policy 54: Safe and Sustainable Transport - all development proposals* that generate travel should be designed to be well served by all modes of transport. In particular the sustainable modes of walking, cycling and public transport should be afforded priority and provide for easy access to local amenities, education facilities and other services.
7.72 Development proposals will be required to:
1 minimise the need to travel by private car;
2 provide facilities on-site (and/or off-site through developer contributions or by direct delivery) for walking, cycling and public transport networks, including road/junction
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improvements and cycle parking. Developments without high quality, safe and convenient links to adjacent walking and cycling networks will not be supported;
3 incorporate measures to permit access to public transport networks within a walking distance of no more than 400 metres from all parts of the development;
4 have no detrimental effect on the capacity or safe functioning of the existing road or rail networks;
5 ensure that safe and adequate provision is made for road freight and waste access, loading and unloading;
6 comply with the National Roads Development Guide and any local variations within Dundee City Council’s roads design standards; and
7 be supported by a travel plan to mitigate transport impacts and improve the accessibility of developments where the Council considers that the development will generate significant travel.
Walking and cycling routes should be fully useable prior to the first occupation of a new development (*this includes the re-use of existing buildings).
In respect of the above criteria:
7.73 The proposal shows convenient footpath connections throughout the site and on to existing footways including the core path network and Linlathen Road. Whilst no public transport is currently available within the site, the site is within 200 metres of roads within the ongoing residential development at Linlathen which are designed to accommodate buses. Should future demand indicate that a bus route would be viable the proposed houses would be within walking distance of a bus route. Good foot and cycle connections are available to the existing bus stops on Arbroath Road and Balgillo Road East, located 800 metres to the south of the site.
7.74 The proposed development is provided with high quality, safe and convenient links to walking and cycling networks. Bicycle storage is to be provided within the curtilage of each dwelling and the proposed footpaths provide links to traffic free paths within the surrounding area. The site benefits from footpath and road connections to nearby amenities, including shops and services at Panmurefield Village and a supermarket at Claypotts.
7.75 As above, the site is connected by footpaths to bus stops on Arbroath Road and Balgillo Road. However, these stops are over 400 metres from the application site. The proposal does not therefore permit access to public transport networks within a walking distance of no more than 400 metres from all parts of the development.
7.76 A Transport Statement has been submitted and its findings accepted. The proposed development of 15 houses will not have a detrimental effect on the capacity or safe functioning of the existing road network including Arbroath Road, Balgillo Roundabout or Balgillo Road East. The provision of upgrade works at Claypotts to enhance capacity for west bound traffic has been secured through a legal agreement associated with application 18/00115/FULM, these upgrade works have been designed to accommodate the previously approved residential developments totalling 250 new build units at Linlathen and the present proposals for 15 new build units. The site layout has been formed to ensure suitable turning space and levels of visibility will be provided for cars and freight/waste management vehicles. It is recommended that planning conditions are attached to ensure the Council’s roads design standards are complied with.
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7.77 The Transport Statement includes a Residential Travel Plan which details various proposals and opportunities for the site to be accessible by sustainable and active transport. The Travel Plan identifies pedestrian and cycle routes, bus services and amenities within the surrounding area which are accessible from the proposed development. It is recommended that a condition is used to ensure the developer implements the submit Residential Travel Plan and promotes the use of sustainable forms of transport to occupiers of the development.
7.78 The proposal does not fully accord with Policy 54.
7.79 Policy 56: Parking – Developments Outwith the City Centre
Vehicle Parking - all new developments shall be required to comply with Dundee City Council’s adopted guidance on road standards; with the national maximum parking standards; and the national minimum disabled parking standards. Residential developments should include infrastructure to provide electric car charging points, either through electrical connections adjacent to private driveways, or through infrastructure for the installation of charging points within communal car parking areas.
Cycle Parking - all new developments should include cycle parking facilities in accordance with Dundee City Council’s adopted guidance on roads standards and the Appendix 4 design standards.
7.80 As outlined previously the proposal meets the Appendix 4 parking standards for residential development in suburban areas, including the provision of electric charging points within garages at each dwelling.
7.81 As outlined previously the proposal meets the Appendix 4 standards for cycle storage. The applicant has demonstrated that secure cycle storage is to be provided within garages.
7.82 The proposal is in accordance with Policy 56.
7.83 It is concluded that the proposal does not comply with Policy 31 and Policy 54 of the Local Development Plan.
MATERIAL CONSIDERATIONS
The material considerations to be taken into account are as follows:
A– LOCATION OF THE PROPOSED DEVELOPMENT AND ACCESS TO PUBLIC TRANSPORT
7.84 As considered within the main body of this report, the application is contrary to Policy 31 Development within the Open Countryside.
7.85 The proposed development would be located immediately out with allocated housing site H46. However, the proposed dwellings would integrate with the ongoing development of 250 houses at Linlathen sharing road connections, drainage infrastructure and greenspaces. The integration of the proposed houses with the ongoing development ensures the proposals do not create a stand-alone development, but form part of a wider residential area which includes houses, flats and associated open spaces within a semi-rural setting.
7.86 The application site which presently contains drainage infrastructure, grassland and access tracks was formerly occupied by agricultural buildings and uses associated with a farm. The site is suitable for redevelopment and the proposed low-density housing, which will integrate
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with the development currently under construction at Balgillo Heights, would have no detrimental impact on the character of the surrounding area.
7.87 The application site is within an area where a number of residential developments have been considered in the past 20 years. The application site has historically been subject of planning permission for residential development reference 10/00298/FULM. Within the surrounding area, planning permission has been granted for 60 units within Clearwater View apartments in 2010 and planning permission for 39 houses at Linlathen House Lodge in 2005, now known as Clearwater. In these instances, whilst the sites were designated as open countryside material considerations supported approval of planning permission. The material considerations included the scale of the development, minimal impacts the developments would have on the surrounding area, that the development of these sites would not create a precedent for further major greenfield housing land release, and that the sites were not in prominent locations. These considerations are also applicable to the presently proposed development of 15 houses. The proposed houses would be associated with an established residential development at Balgillo Heights, and the application sites are within areas which would not support or facilitate further development in the immediate area. The proposed houses would not be positioned in a prominent location and would form part of the wider group of residential development at Linlathen. The site has been formed to provide spacious family homes with connections to surrounding roads and infrastructure.
7.88 As considered within the main body of this report, the application is contrary to Policy 54: Safe and Sustainable Transport.
7.89 With regards to Criterion 3 and access to public transport networks, the site is more than 400 metres from existing bus stops on Arbroath Road. As noted earlier in this report the site is within 200 metres of roads within the ongoing residential development at Linlathen which are designed to accommodate buses. Should future demand indicate that a bus route would be viable the proposed houses would be within walking distance of a bus route. Good foot and cycle connections are available to the existing bus stops on Arbroath Road and Balgillo Road East, located 800 metres to the south of the site.
7.90 Overall, the proposed development would integrate with an established residential development at Linlathen and would not result in the loss of any high quality or useable agricultural land. There are material considerations which support the development of this derelict site to provide family housing, and contributes towards the provision of private housing within the city.
7.91 It is concluded that there are material considerations of sufficient weight in this case to justify approval of planning permission.
B– REPRESENTATIONS
7.92 Sixteen letters of objection were received, including objections from Dundee Civic Trust and Broughty Ferry Community Council raising the following valid material grounds:
• the proposed development would be car dependent and result in additional road traffic on Arbroath Road, Balgillo Road and at Claypotts. This, in addition to traffic generated by the wider residential development, will have a detrimental impact on road safety, increase congestion and impact upon the amenity of residents;
• the proposed residential development would have a detrimental impact on local wildlife, including protected species such as bats and badgers. The location of the site would also impact on Dighty Burn, a Wildlife Corridor and Locally Important Nature Conservation Site; and
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• the proposed development is contrary to Local Development Plan Policy 31 as the dwellings would be sited within the open countryside area.
7.93 The grounds of objection are considered and assessed as follows:
• The proposed development would be car dependent and result in additional road traffic on Arbroath Road, Balgillo Road and at Claypotts. This, in addition to traffic generated by the wider residential development, will have a detrimental impact on road safety, increase congestion and impact upon the amenity of residents.
Response – the proposed development would integrate with an ongoing residential development to the west of the application site. A transport statement has been submitted with this application which demonstrates vehicles associated with the proposed development of 15 houses would have no adverse impact on road safety or increase congestion on surrounding roads. As part of the wider residential development at Balgillo Heights, a requirement to increase capacity at Claypotts was identified. The works required at Claypotts have been secured through planning application 18/00115/FULM and a legal obligation is in place which requires the applicant to fund the required works. The works are to be progressed by the Council.
The approved development of 250 homes at Linlathen contains roads which have been designed to accommodate buses when a service becomes viable. Each dwelling will include charging provision for electric vehicles and is connected to the wider road and footpath network. The applicant has submitted a travel plan which will provide residents with details active travel and public transport options in the local area, encouraging the use of sustainable transport options where possible.
• The proposed residential development would have a detrimental impact on local wildlife, including protected species such as bats and badgers. The location of the site would also impact on Dighty Burn, a Wildlife Corridor and Locally Important Nature Conservation Site.
Response – concerns were raised that the proposed residential development would have a detrimental impact on wildlife habitats within the site and surrounding area, including Dighty Burn Locally Important Nature Conservation Site to the south of the proposed development.
The applicant has provided a detailed tree survey and an ecology report in support of the application. Whilst trees are to be felled, a group of mature trees to the east of the site are to be retained and protected during construction to ensure the arboreal amenity of the area is not impacted by the proposals. The Head of Environmental Management has no objection to the proposed landscaping scheme and felling of trees within the site, subject to the protection of trees which surround the site and provision of planting within the proposed development.
The submitted Ecological Constraints report notes there would be limited habitat loss through the felling of trees and site clearance. However, no protected species were identified within the application site and mitigation measures to support biodiversity in the local area, such as providing bat boxes, are identified within the report. The implementation of the recommended mitigation measures, both during construction and to support wildlife, can be controlled by condition. As considered under Policy 34 the completion of further surveys and implementation of a non-native species management plan can be controlled by condition. The development of this brownfield site, to the north of a modern flatted development and east of a new build housing development would
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have no significant impact on local wildlife or biodiversity within the site or surrounding area.
• The proposed development is contrary to Local Development Plan Policy 31 as the dwellings would be sited within the open countryside area.
As considered within the main body of this report, the proposed development is contrary to the requirements of Policy 31 as the site is designated as Open Countryside. However, the proposed houses would integrate with an approved residential development at Linlathen and develop a brownfield site which does not result in the loss of useable agricultural land. Overall, the development of this derelict site to provide housing which contributes towards the provision of private housing within the city is considered to be acceptable.
7.94 The matters raised in the objections have been considered and are not of sufficient weight to justify refusal of the application.
7.95 One Neutral representation was received from Dundee Civic Trust.
7.96 Dundee Civic Trust acknowledge the site has previously been subject of a planning permission for residential development under planning application 10/00298/FULM. Therefore, although the site is within the open countryside area a precedent for residential development being supported in this location has been set. The Trust does however raise concerns that, as with the wider residential development at Linlathen, the proposal will increase pressure on the local road network and local services including schools and GPs.
7.97 Response – as considered with the main body of this report, there are material considerations which would support the granting of planning permission. The site, whilst within the open countryside area is brownfield land and the proposed dwellings would integrate with roads, footpaths and drainage systems associated with the on-going development at Balgillo Heights. As schools within the surrounding area are close to capacity, there is a requirement for the applicant to provide financial contributions. Should members be minded to grant planning permission education contributions for each dwelling can be secured through a planning obligation. The proposed development, and wider residential development of 250 dwellings at Balgillo Heights is served by road and footpath connections to shops and services within the wider area.
7.98 It is concluded that there are material considerations of sufficient weight in this case to justify approval of planning permission. 8 CONCLUSION
8.1 The application for a development of housing within the Open Countryside Area does not fully accord with the Development Plan. However, there are material considerations of sufficient weight that would justify approval of planning permission. Therefore it is recommended that planning permission be granted subject to conditions and a Planning Obligation. 9 RECOMMENDATION
Recommendation 1
9.1 This planning permission shall not be issued until an obligation under Section 75 of the Town and Country Planning (Scotland) Act 1997, between the Council and parties with appropriate
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interests in the land has been recorded. This obligation will relate to developer contributions towards the cost of education infrastructure provision. It is recommended that the applicant be allowed a period of 4 months to conclude and register the legal agreement.
Recommendation 2
9.2 It is recommended that planning permission be GRANTED subject to the following conditions:
1 Condition - development shall not begin until further risk assessment is completed and, if necessary; a remediation scheme to deal with any contamination at the site has been submitted to and approved in writing by the planning authority. The scheme shall contain proposals to deal with contamination to include:
i the nature, extent and type(s) of contamination on the site;
ii measures to treat/remove contamination to ensure the site is fit for the use proposed and does not contain any significant pollution linkages;
iii measures to deal with contamination during construction works;
iv verification of the condition of the site on completion of decontamination measures.
Before any unit is occupied the remediation scheme shall be fully implemented and a verification report with relevant documentation demonstrating that the objectives of the remediation strategy have been achieved shall be submitted to and approved by the Council.
Reason – in the interests of enhancing the amenity and environmental quality of the development.
2 Condition – prior to the commencement of any works on site, a detailed surface water drainage/SUDSs design including drawings, calculations, full modelling, simulation results, design risk assessment, and signed Dundee City Council Design Compliance and Independent Check Certification, evidence of compliance with the Simple Index Approach as described in section 26.7.1 of the CIRIA SUDS Manual (C753), and where appropriate SEPA comments shall be submitted to the Council for written approval. Thereafter, all works approved by virtue of this condition shall be carried out prior to the first occupation of the any housing unit within the development hereby approved.
Reason - in the interests of flood protection.
3 Condition – prior to the commencement of any works on site, maintenance responsibilities along with a maintenance schedule for the surface water drainage system/SUDS features shall be submitted to the Council for written approval. Thereafter, all works approved by virtue of this condition shall be carried out in perpetuity.
Reason – in the interests of flood prevention and visual amenity.
4 Condition – prior to the commencement of any works on site, evidence of Scottish Water approval for the proposed drainage system for the development hereby approved shall be submitted to the Council for written approval.
Reason – in the interest of flood prevention.
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5 Condition – prior to the commencement of any work on site, maintenance responsibilities along with a maintenance schedule for all communal/shared areas, including the woodland within the north of the site, shall be submitted to the Council for written approval. Thereafter, all works approved by virtue of this condition shall be carried out in perpetuity.
Reason - to ensure that the proposed development has a satisfactory external appearance in the interests of the environmental quality and visual amenities of the area.
6 Condition - prior to the commencement of work on site, details of a scheme of public art to be provided within the development hereby approved shall be submitted to the Council for written approval. Thereafter, the approved scheme of public art shall be installed prior to the completion of the development hereby approved.
Reason - to ensure that the character of the application site and the surrounding area is maintained.
7 Condition - details of the proposed roads including proposed road markings must be agreed prior to any works on site and the roads must be formed and constructed to Dundee City Council standards and specifications.
Reason - in the interests of vehicle and pedestrian safety.
8 Condition - prior to any works on site details of the proposed tie-in at the existing lane shall be agreed.
Reason - in the interests of vehicle and pedestrian safety.
9 Condition - a Street Lighting system must be provided by the applicant to Dundee City Council standards and specifications.
Reason - to ensure the roads are designed to limit vehicle speeds to 20mph.
10 Condition – a Residential Travel Pack shall be submitted to and agreed in writing by the Council and shall be issued to each residential dwelling prior to first occupation.
Reason - in the interests of promoting sustainable transport.
11 Condition - the hard surface within individual curtilages should be made of porous materials or provision should be made to direct run off water from the hard surface to a permeable or porous area or surface within the curtilage of the site.
Reason - to ensure that surface water from within the curtilage of the site does not drain to the adjacent adopted road.
12 Condition – prior to the occupation of each dwelling the boundary treatments, as detailed on drawing “Boundary Treatment Plan PH1A” dated 16 December 2020, shall be constructed in accordance with the details hereby approved.
Reason - in the interests of visual amenity.
13 Condition - prior to any works on site, the further survey work as laid out in Section 4.2 of Linlathen Phase 1A Ecological Constraints report by EnviroCentre Limited shall be carried out in full, and submitted to the Council for written approval. The recommendations of the further surveys undertaken in accordance with this condition shall be implemented in full prior to the commencement of any development on the site.
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Reason - in order to ensure the site is developed with due regard to any species on site.
14 Condition – the recommended mitigation measures laid out in section 4.3 of Linlathen Phase 1A Ecological Constraints report by EnviroCentre Limited shall be fully implemented as part of the development.
Reason - in order to ensure the site is developed with due regard to any species on site.
15 Condition – prior to the commencement of development, full details of nesting boxes and resting provision for wildlife shall be submitted to the Council for written approval. Thereafter, the nesting boxes and resting places shall be installed on site as the agreed details prior to first occupation of the development hereby approved.
Reason - in order to ensure the site is developed with due regard to any species on site.
16 Condition – the landscaping as illustrated on submitted drawing ‘Landscaping Plans no. 437.30.02a’ December 2020 shall be implemented in full prior to first occupation of the residential development hereby approved. An Arboricultural Consultant shall inspect all nursery stock and provide a report to the Council that it complies with the landscape plans hereby approved prior to it being planted. All tree planting to be carried out as per BS:8545:2014. Any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within 5 years of planting shall be replaced by trees or shrubs of similar size and species to those originally required to be planted in terms of this condition.
Reason - to ensure that the proposed development has a satisfactory external appearance in the interests of the visual amenities of the area.
17 Condition – prior to the commencement of any development, any site scraping or entry of construction traffic, tree protection fencing in accordance with BS5837:2012 shall be erected on site in the positions agreed within the submitted Tree Survey Report under the supervision of the applicant's arboricultural consultant and to the satisfaction of the City Council. Such fencing shall be retained in place throughout the construction period and relocation of any fencing shall be agreed with the Forestry and Enforcement officers prior to any movement of the fencing.
Reason – to ensure protect trees are retained and that the character of the application site and the surrounding area is maintained.
18 Condition – a treatment plan for the management of Non Native Invasive Species on this site shall be devised. The treatment plan must detail the measures required for the control/eradication of any Non Native Invasive Species including the frequency of such treatment. Given the nature of Non Native Invasive Species the treatment plan must apply for a period of at least 5 years. Thereafter, the site must adopt a maintenance plan should the Non Native Invasive Species continue to grow. The treatment plan must be implemented prior to the occupation of the houses by the residents."
Reason – in order to minimise the impact on Ecology and to ensure that Invasive Non Native Species are removed from the site.
19 Condition – prior to commencement of any development, the developer shall implement a programme of archaeological works in accordance with a detailed written scheme of investigation which has been submitted by the developer and approved in writing by this Planning Authority.
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Reason – in order to safeguard the archaeological heritage of the site and to ensure that the developer resources the investigation, recording and rescue of archaeological remains on site prior to their destruction by development.
Informative
1 A Road Construction Consent (RCC) application (found via the following link on DCC website: http://www.dundeecity.gov.uk/a2z/constructionconsent ) must be submitted to Dundee City Council as Roads Authority for work on the adjacent public road or footway and consent for this must be obtained prior to the commencement of any work on the public road or footway. For further details please contact 01382 433341 or [email protected].
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Revocation of Hazardous Substance Consents on the Gasholder Site, 50 East Dock Street
KEY INFORMATION Ward Maryfield Address Gasholder 50 East Dock Street Dundee
Applicant
Agent
Registered 21 April 2021 Report by Head of Planning & Economic Development Contact: Claire Myles
SUMMARY OF REPORT • Authorisation is sought to make an Order to revoke the hazardous substances consents on the gasholder site, 50 Dock Street, Dundee, under section 12(2)(c) of the Planning (Hazardous Substances) (Scotland) Act 1997, subject to the confirmation of Scottish Ministers, and to serve notice of the Order in terms of section 13(3) of the said 1997 Act. • The proposal is in accordance with the Planning (Hazardous Substances) (Scotland) Act 1997 and Planning Circular 3/2015: Planning controls for hazardous substances. • In accordance with Dundee City Council's scheme of delegation, this application is to be determined by the Planning Committee as it relates to Hazardous Substance Consent. • More details can be found at: http://idoxwam.dundeecity.gov.uk/idoxpa- web/simpleSearchResults.do?action=firstPage
RECOMMENDATION Authorisation is sought to make an Order to revoke the hazardous substances consents on the gasholder site, 50 Dock Street, Dundee, under section 12(2)(c) of the Planning (Hazardous Substances) (Scotland) Act 1997, subject to the confirmation of Scottish Ministers, and to serve notice of the Order in terms of section 13(3) of the said 1997 Act.
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1 DESCRIPTION OF PROPOSAL
1.1 Authorisation is sought to make an Order to revoke the hazardous substances consents on the gasholder site, 50 Dock Street, Dundee, under section 12(2)(c) of the Planning (Hazardous Substances) (Scotland) Act 1997, subject to the confirmation of Scottish Ministers, and to serve notice of the Order in terms of section 13(3) of the said 1997 Act
1.2 The Council has received copies of the historic consents in place on the site from the Health and Safety Executive (HSE) as these predate Council electronic records. The consents include Deemed Hazardous Substance Consents for the storage of natural gas in 1993 (HDC1, HDC2, HDC3), a continuation of consent in 2000 (HDC/0004) and a further continuation in 2001 (HDC/0005).
1.3 HSE advise that according to their records National Grid de-notified the site in 2012 under the control of Major Accident Hazard Regulations 1999. HSE state that this suggests that the site no longer required hazardous substances consent.
1.4 As with planning permission, hazardous substances consent provides an entitlement that runs with the land. It may be undesirable for a hazardous substances consent which has fallen into disuse to continue to have effect.
1.5 It is for Dundee City Council as the planning authority, to formally revoke any hazardous substances consents held by the site under sections 12 or 15 of The Planning (Hazardous Substances) (Scotland) Act 1997.
1.6 Planning Circular 3/2015: Planning controls for hazardous substances, states that planning authorities are encouraged to review hazardous substances consents from time to time with a view to revoking redundant ones. This can help to avoid the situation where, for example, an installation is no longer on a site, but the hazardous substances consent is in place and therefore so is the consultation distance. When a hazardous substance consent is granted there is a consultation distance within which HSE must be consulted over any relevant future planning applications. HSE produce a map with three risk contours (or zones), representing defined levels of risk or harm which any individual would be subject to. This represents the consultation distance which triggers consultation with HSE, whose advice on development proposals in the vicinity will be based on the fact such a hazardous substances consent is in place (Figure 1).
1.7 HSE have advised that if all hazardous substances consents held by the former Dundee Holder Station site are formally revoked in accordance with The Planning (Hazardous Substances) (Scotland) Act 1997, HSE will remove the consultation distance around the site and there will be no need to consult HSE on proposed developments in the vicinity. This will actively assist the development of vacant sites and the regeneration and expansion of future employment sites within the Principal Economic Development Area and Enterprise Area.
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Figure 1 – HES Consultation Zone
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2 SITE DESCRIPTION
2.1 The decommissioned natural gas holder station is located in a secure site behind a high stone wall which runs in part along the southern boundary of the site on East Dock Street.
2.2 It is located on a corner site on the north side of East Dock Street at its junction with Melville Lane (east). The site is bounded by Broughty Ferry Road to the north; East Dock Street to the south; Melville Lane to the east and Peep O’Day Lane to the west.
2.3 The surrounding area is a mix of commercial, industrial and residential uses and the Gallagher Retail Park is located to the west of the site.
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Figure 2 – Photo of site
Figure 3 – Photo of site
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3 POLICY BACKGROUND
3.1 The following plans and policies are considered to be of direct relevance:
TAYPlan 2016-2036 The application raises no issues of relevance.
DUNDEE LOCAL DEVELOPMENT PLAN 2019 Policy 3: Principal Economic Development Areas Policy 42: Development of or next to Major Hazard Sites
SCOTTISH PLANNING POLICY, PLANNING ADVICE NOTES AND CIRCULARS Reference has been made to the provisions of the Hazardous Substances (Scotland) Act 1997 and Circular 3/2015: Planning Controls for Hazardous Substances.
3.2 There are no other plans, policies and non-statutory statements that are considered to be of direct relevance.
4 SITE HISTORY
4.1 Deemed Hazardous Substance Consent 1993 (HDC1, HDC2, HDC3); a continuation of consent in 2000 (HDC0004) and a further continuation in 2001 (HDC0005).
5 PUBLIC PARTICIPATION
5.1 There is no requirement to undertake statutory neighbour notification.
6 CONSULTATIONS
6.1 Health and Safety Executive (HSE) - HSE were consulted on planning application 20/00433/FULL (Presented to the Planning Committee on 19 April 2021). HSE advised against the granting of planning permission for the installation of 37 self-contained storage units for Kangaroo Self Storage Ltd. This was due to the proposed development lying within the inner zone of the HSE consultation distance of the former Dundee Holder Station at 50 East Dock Street which has hazardous substances consent to store up to a specified quantity of natural gas.
6.2 HSE advised that if all hazardous substances consents held by the former Dundee Holder Station site are formally revoked in accordance with The Planning (Hazardous Substances) (Scotland) Act 1997, HSE will remove the consultation distance around the site and there will be no need to consult HSE on proposed developments in the vicinity.
77 DETERMININGDETERMINING ISSUESISSUES
7.1 Section 12 of the Planning (Hazardous Substances) (Scotland) Act 1997 offers general power by order to revoke or modify hazardous substances consent.
7.2 Section 12 (1) states - The planning authority may by order revoke a hazardous substances consent or modify it to such extent as they consider expedient if it appears to them, having
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regard to any material consideration, that it is expedient to revoke or modify it. Section 14 states that compensation may be paid if it is shown that any person has suffered damage in consequence of the order under section 12(1).
7.3 Section 12 (2) states - The planning authority may also by order revoke a hazardous substances consent if it appears to them:
a that there has been a material change of use of land to which a hazardous substances consent relates,
b that planning permission has been granted for development the carrying out of which would involve a material change of use of such land and the development to which the permission relates has been commenced,
c in the case of a hazardous substances consent which relates only to one substance, that that substance has not for at least 5 years been present on, over or under the land to which the consent relates in a quantity equal to or exceeding the controlled quantity, or
d in the case of a hazardous substances consent which relates to a number of substances, that none of those substances has for at least 5 years been so present.
7.4 Section 12 (4) requires an order under this section to specify the grounds on which it is made.
7.5 In this instance, Section 12 (2) (c) is relevant by virtue that the site was de-notified in 2012 by the owner under the Control of Major Accident Hazard Regulations 1999.
7.6 Section 13 states an order under section 12 shall not take effect unless it is confirmed by the Secretary of State. Where a planning authority submit any such order to the Secretary of State for his confirmation under this section, the authority shall serve notice of the order:
a on any person who is an owner, occupier or lessee of the whole or any part of the land to which the order relates; and
b on any other person who in their opinion will be affected by the order.
7.7 The notice shall specify the period (which must not be less than 28 days after its service) within which any person on whom it is served may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose. If within that period a person on whom the notice is served so requires, the Secretary of State shall, before he confirms the order, give such an opportunity to that person and to the planning authority.
7.8 Where an order under section 12 has been confirmed by the Secretary of State, the planning authority shall serve a copy of the order on every person who was entitled to be served with notice.
7.9 The process to revoke the existing hazardous substance consents as set out in Section 13 of the Planning (Hazardous Substances) (Scotland) Act 1997 is as follows:
• seek Planning Committee approval to proceed with the revocation process;
• Council serves notice of the order on owner, occupier or lessee of the land for a period of 28 days;
• subject to no objections being received Scottish Ministers confirm the order; and
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• Council serves a copy of the order on owner, occupier or lessee of the land.
7.10 There is a risk that objection(s) may be received and this would lead to delay. However, there has been positive communication between Planning and the landowner SGN who has provided contact addresses for serving the notice.
7.11 Authorisation is sought to make an Order to revoke the hazardous substances consents on the gasholder site, 50 Dock Street, Dundee, under section 12(2)(c) of the Planning (Hazardous Substances) (Scotland) Act 1997, subject to the confirmation of Scottish Ministers, and to serve notice of the Order in terms of section 13(3) of the said 1997 Act. MATERIAL CONSIDERATIONS
THE DEVELOPMENT PLAN
7.12 The provisions of the Development Plan relevant to the determination of this application are specified in the Policy Background section above.
DUNDEE LOCAL DEVELOPMENT PLAN 2019
7.13 Policy 3: Principal Economic Development Areas - Principal Economic Development Areas are of citywide significance and as such will be safeguarded for Class 4 "Business", Class 5 "General Industry" and Class 6 "Storage and Distribution". Uses other than these will be resisted. Any development at the Port of Dundee Principal Economic Development Area should not have an adverse effect, either alone or in combination with other proposals or projects, on the integrity of any Natura Site.
7.14 The revocation of the Hazardous Substance Consents will remove the HSE Consultation Zone which is in the Economic Development Area and thus remove the requirement to consult with HSE on related planning applications.
7.15 This will actively assist economic development and enable the development of vacant sites and the regeneration and expansion of future employment sites within the Principal Economic Development Area and Enterprise Area.
7.16 The proposal is in accordance with Policy 3.
7.17 Policy 42: Development of or next to Major Hazard Sites – the siting of new or extensions to existing major hazard sites or sites which operate under Scottish Environmental Protection Agency authorisation will not be permitted in close proximity to residential areas and/or areas of public use or interest, where the risk to people or the environment is likely to be significantly increased.
7.18 As noted previously in the report, HSE have advised that if all hazardous substances consents held by the former Dundee Holder Station site are formally revoked in accordance with The Planning (Hazardous Substances) (Scotland) Act 1997, HSE will remove the consultation distance around the site and there will be no need to consult HSE on proposed developments in the vicinity.
7.19 The proposal is in accordance with Policy 42.
7.20 In discharging the statutory duties outlined above the proposals satisfy the requirements of the Dundee Local Development Plan 2019.
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7.21 It is concluded that there are no material considerations to justify not revoking the hazardous substance consents.
8 CONCLUSION
8.1 The proposal is in accordance with the Planning (Hazardous Substances) (Scotland) Act 1997 and the Dundee Local Development Plan 2019. There are no material considerations to justify not revoking the hazardous substance consents. Therefore, authorisation is sought to make an Order to revoke the hazardous substances consents on the gasholder site, 50 Dock Street, Dundee, under section 12(2)(c) of the Planning (Hazardous Substances) (Scotland) Act 1997, subject to the confirmation of Scottish Ministers, and to serve notice of the Order in terms of section 13(3) of the said 1997 Act.
9 RECOMMENDATION
9.1 It is recommended that members AUTHORISE an Order to revoke the hazardous substances consents on the gasholder site, 50 Dock Street, Dundee, under section 12(2)(c) of the Planning (Hazardous Substances) (Scotland) Act 1997, subject to the confirmation of Scottish Ministers, and to serve notice of the Order in terms of section 13(3) of the said 1997 Act.
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