Application No 05/00026/FUL Item 8 Page 35 KEY INFORMATION Ward

Proposal Erection of retail Unit and Warehouse

Address Land to West of Ainslie Street West Industrial Estate

Applicant Gillies 172/180 Brook Street Dundee

Agent B S Design 4 Grove Road Proposed New Carpet Warehouse in Broughty Ferry Dundee DD5 1JL West Pitkerro

Registered 17 January 2005 The Erection of a retail unit and warehouse is RECOMMENDED FOR APPROVAL SUBJECT TO A SECTION 75 AGREEMENT. Report by Director of Planning and Transportation Case Officer G S Reid

RECOMMENDATION SUMMARY OF REPORT It is considered that the · Planning permission is sought for the erection of a retail unit and warehouse at land to west of Ainslie warehouse element is in Street, West Pitkerro Industrial Estate, Dundee. accordance with the · The proposal raises issues for consideration in terms of the Employment policies of the Dundee and policies of the Angus Structure Plan, the Employment and Retailing Policies of the Dundee Local Plan 1998 and development plan. In Policies 24 and 45 of the Finalised Dundee Local Plan Review. addition, it is considered · The applicants (Gillies) have advised that they need to expand their existing furniture storage that there are sufficient warehouse at Ainslie Street to facilitate the expansion of their retail stores. To achieve this they wish to material considerations extend into the area currently used for the storage of carpets and the unit occupied by Carpet King. The to justify the approval of current proposal therefore seeks to accommodate the displaced carpet warehouse and Carpet King the retail unit contrary to Retail Unit into a new build development on the west side of Ainslie Street. the policies of the · No objections were received to the proposed development. development plan. · It is considered that the proposed carpet warehouse element of the proposal is in accordance with the employment and retailing policies of both the Dundee and Angus Structure Plan and the Dundee Local The application is Plan 1998. It is also considered that it is in accordance with Policy 24 of the Finalised Dundee Local recommended for Plan Review. In addition, it is considered that there are sufficient material considerations to justify the APPROVAL subject to approval of the retail unit element (subject to conditions and a legal agreement) as a departure to the conditions and the employment and retailing policies of both the Dundee and Angus Structure Plan and the Dundee Local completion of a Section Plan 1998 and Policy 24 and Policy 45 of the Finalised Dundee Local Plan Review. 75 Agreement.

Dundee City Council Development Quality Committee 28 March 2005 Page 36 Application No 05/00026/FUL DESCRIPTION OF PROPOSAL Employment Policy 2: Existing Non-Statutory Statements of Employment Areas. Council Policy Planning permission is sought for the Dundee Local Plan 1998 erection of a retail unit and warehouse There are no non-statutory Council at land to west of Ainslie Street, West The following policies are of policies relevant to the determination Pitkerro Industrial Estate, Dundee. relevance: of this application. The retail unit is to have a gross floor Employment Uses Policy EU2: Prime area of 372 sq. metres with the Industrial Estates. LOCAL AGENDA 21 warehouse having a gross floor area Key Theme 7 is of relevance to the 613 sq metres. Retailing Policy S20: Out of Centre Shopping. consideration of this application. This The applicants have submitted theme seeks to ensure that access to supporting information in relation to Dundee Urban Nature facilities, services, goods and people is the application. not achieved at the expense of the Conservation Subject Local Plan environment and are accessible to all. The applicants have advised that they 1995 Given the proposal is for the re- need to expand the furniture storage location of the proposed development warehouse at Ainslie Street to it is considered that it is facilitate the expansion of their acceptable in terms the aims of retail stores. To achieve this they this Key Theme. wish to extend into the area currently used for the storage of carpets and the retail unit occupied SITE HISTORY by Carpet King. The current There is no site his tory of proposal therefore seeks to relevance to the consideration of accommodate the displaced carpet this application. warehouse and retail unit in a new build development on the west side of Ainslie Street. Carpet King are PUBLIC PARTICIPATION part of the Gillies operation. The applicant carried out the statutory notification of SITE DESCRIPTION neighbours and the proposal was advertised in the "Dundee The application site is located to the Courier and Advertiser" on the 1 west of Ainslie Street and is to the February 2005 as a potential north of the junction with Pearce departure to the development Avenue. The site is flat in nature plan. No objections were and extends to approximately 0.35 received to the proposed hectares. There are no buildings on development. the site. To the west of the site is landscaping and Baldovie Road, to the north are the premises of CONSULTATIONS There are no policies relevant to the Scottish Courage, to the east and south No adverse comments were received determination of this application. are other industrial/commercial units. from any of the statutory consultees. The applicants existing retail and Finalised Dundee Local Plan warehouse premises are located on the OBSERVATIONS east side of Ainslie Street. These Review premises contain the main distribution The following policies are of In accordance with the provisions of warehouse for the Gillies operation Section 25 of the Act the Committee is relevance: and the existing Carpet King Retail required to consider: unit. The existing Carpet King Unit Policy 24: Principal Economic has a gross floor area of approximately Development Areas. a whether the proposals are 372 sq. metres and the carpet consistent with the provisions of warehouse has a gross floor area of Policy 45: Location of New Retail the development plan; and if not 372 sq. metres. Developments. b whether an exception to the Scottish Planning Policies, provisions of the development POLICY BACKGROUND plan is justified by other material Planning Advice Notes and considerations. Dundee and Angus Structure Circulars Plan 2001-2016 The Development Plan The following are of relevance: The provisions of the development The following policies are of National Planning Policy Guideline 8 plan relevant to the determination of relevance: (Revised 1998): Town Centres and this application are specified in the Retailing. Policy background section above. Dundee City Council Development Quality Committee 28 March 2005 Application No 05/00026/FUL Page 37 The application has two main elements Finalised Dundee Local Plan Street. This unit was established to it. The first of these is the erection during the time when the Estate was of a new carpet warehouse and the Review allocated as an Enterprise Zone. As second element is the erection of a new part of the Enterprise Zone status a Policy 24 Principal Economic retail unit for Carpet King. These are small allowance for retail was Development Areas designates the site proposed to accommodate the permitted. The Carpet King unit took as a principal economic development displaced carpet warehouse and Carpet up that allowance and has traded as area. These are areas recognised as King Retail Unit which are to be carpet sales since that time. being of citywide significance for changed into additional storage for the economic development and are In order to address the policy concerns existing furniture warehouse at Ainslie therefore safeguarded for industrial the applicants propose to transfer the Street. and business uses falling within classes existing retail use to the new building The application site is located within 4, 5 and 6 of the Use Classes Order. and discontinue the retail use at the West Pitkerro Industrial Estate, which As outlined above, it is considered that existing Carpet King Unit. As a result is covered by Employment Uses Policy whilst the carpet warehouse element is there would be no increase in the EU2 Prime Industrial Estates of the an acceptable use the retail unit use is permitted retail floor area within the Dundee Local Plan 1998. This policy not. Policy 27 provides support for industrial estate as a result of this seeks to encourage the establishment exceptions to Policy 24. However, this development. and retention of industrial and business applies to uses ancillary to the primary It is considered that a new retail use uses as defined by Classes 4, 5 and 11 function of these areas and is not within West Pitkerro Industrial Estate of the Use Classes Order 1989 and applicable to retail developments would be contrary to the policies of the wholesaling of a type that does not geared to serving a wider catchment. development plan and recommended generate large amounts of customer It is considered that the retail element for refusal. However the current traffic. In addition, the Structure Plan proposal is contrary to Policy 24. proposal is somewhat unusual in that it through Employment Policy 2 Exis ting Policy 45 Location of New Retail involves the relocation of an existing Employment Areas seeks to safeguard Developments sets out criteria for the retail use to a new unit of the same and promote the existing site at West consideration of new out of centre gross floor area. It is considered that Pitkerro Industrial Estate for retail developments. The criteria given the proposal would not result in employment uses. The Structure Plan reflect those of Retailing Policy S20 of an increase in the retail floor area and definition of "employment uses" the Dundee Local Plan 1998. For the is for the same range of goods there are excludes retail uses. The carpet reasons outlined above it is considered sufficient material considerations to warehouse element of the proposal that the proposal is not in accordance warrant approval of the application does not raise any issues of concern in with Policy 45. contrary to the provisions of the terms of Policy EU2 of the Local Plan development plan. This would be on and Policy 2 of the Structure Plan. National Planning Policy Guideline 8 the grounds that the existing However, the retail element of the (Revised 1998) Town Centres and permission is extinguished at the time proposal is contrary to the provisions Retailing sets out in paragraph 45 the when the new store opens for business of both Policies. guidance for the consideration of retail and the new unit is of the same gross proposals not identified in The retail unit is relatively small (at floor area and limited in the range of development plans. Given the nature 372 sq. metres) and would not fall goods to carpets only, and other of goods to be sold and the location within the definition of a retail flooring materials. proposed it is considered that the retail warehouse unit. The unit is located in unit element of the proposal would not In order to achieve the extinguishing of an out of centre location and as such be in accordance with the guidance set the existing permission a legal Policy S20 of the Local Plan applies. out in NPPG8. agreement with the applicants will This policy sets out the criteria for the need to be signed prior to the issuing consideration of new out of centre The applicants have advised that they of planning permission. retail proposals. The criteria reflect need to expand the furniture storage the guidance set out in paragraph 45 of warehouse at Ainslie Street to facilitate It is concluded from the foregoing that NPPG8. Given the nature of goods to the expansion of their retail stores. To sufficient weight can be accorded to be sold and the location proposed the achieve this they wish to extend into the material considerations such as to retail unit would not meet the criteria the area currently used for the storage justify the grant of planning and therefore would not be in of carpets and the unit occupied by permission contrary to the provisions accordance with Retailing Policy S20 Carpet King. The current proposal of the development plan. It is of the Local Plan. therefore seeks to accommodate the therefore recommended that planning displaced carpet warehouse and retail permission be granted with conditions. It is concluded from the foregoing that unit in a new build development on the whilst the carpet warehouse element of west side of Ainslie Street. Design the proposal complies with the provisions of the development plan the The applicants in their supporting The design of the units is considered to retail element would not. letter acknowledge that the proposed be of a good quality and have retail unit would be contrary to the incorporated varied mono-pitched Other Material Considerations provisions of the development plan. roofs to the two buildings. However, they highlight that they The other material considerations to be already have a retail unit of the same taken into account are as follows: size which trades under the name of Carpet King on the east side of Ainslie Dundee City Council Development Quality Committee 28 March2005 Page 38 Application No 05/00026/FUL to the Council for approval prior CONCLUSION to the commencement of development and if approved the It is considered that the proposed proposed development shall be carpet warehouse element of the carried out only in full proposal is in accordance with the accordance with such approved employment and retailing policies of details. both the Dundee and Angus Structure Plan and the Dundee Local Plan 1998. 6 Details of the drainage It is also considered that it is in arrangements for the site shall be accordance with Policy 24 of the submitted to the Council for Finalised Dundee Local Plan Review. approval prior to the In addition, it is considered that there commencement of development are sufficient material considerations and if approved the proposed to justify the approval of the retail unit development shall be carried out element (subject to conditions and a only in full accordance with legal agreement) as a departure to the such approved details. employment and retailing policies of both the Dundee and Angus Structure Plan and the Dundee Local Plan 1998 7 That there shall be no allowance and Policy 24 and Policy 45 of the for the retail of carpets or other Finalised Dundee Local Plan Review. flooring materials from the warehouse element of the RECOMMENDATION proposal. Recommendation 1 Reasons This planning permission shall not be 1 To comply with Section 58 of issued unless and until an agreement the Town and Country Planning under Section 75 of the Town and () Act 1997 Country Planning (Scotland) Act 1997 2 To ensure that the visual between the Council and parties with appearance of the proposed appropriate interests in the land has development is to an acceptable been recorded. The agreement will quality. relate the existing unit occupied by Carpet King at Ainslie Street and will 3 To conform with the approved exclude Class 1 retail uses at the unit. shopping policies of the development plan. Recommendation 2 4 To conform with the approved It is recommended that planning shopping policies of the permission be GRANTED subject to development plan. the following conditions:- 5 To ensure that the visual 1 The development hereby appearance of the proposed permitted shall be commenced development is to an acceptable within five years from the date quality. of this permission 6 To ensure that the site can be 2 Samples of all finishing adequately drained. materials shall be submitted to 7 To conform with the approved the Council for approval prior to employment and shopping the commencement of policies of the development development and if approved the plan. proposed development shall be carried out using only the approved finishing materials. 3 That the proposed retail unit shall have a gross floor area not in excess of 372 sq metres. 4 The use of the retail unit hereby permitted shall be limited to the sale of carpets and other flooring materials. 5 A detailed scheme of landscaping shall be submitted Dundee City Council Development Quality Committee 28 March 2005