DUNDEE DD1 3BY 7th January, 2011 3BY 7th January, 2011 Dear Sir or Madam ... the ground floor of...

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City Chambers DUNDEE DD1 3BY 7th January, 2011

Dear Sir or Madam

DEVELOPMENT MANAGEMENT COMMITTEE

You are requested to attend a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE to be held in the City Chambers, City Square, Dundee on Monday, 17th January, 2011.

Yours faithfully

DAVID K DORWARD

Chief Executive

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 might be perceived as influencing your opinion/vote on any matter. AGENDA OF BUSINESS 1 DEPUTATION - TAYMILLS, 19 BROWN STREET - CHANGE OF USE AND INTERNAL

CONVERSION OF EXISTING RETAIL UNIT (CLASS 1) AND STORE/WAREHOUSE FACILITY TO 25 STUDENT STUDIO APARTMENTS

A request has been received for a deputation to address the Committee in support of the above application which is recommended for refusal. 2 PLANNING APPLICATIONS (Reports enclosed). 3 LARCH STREET (FORMERLY LARCHFIELD WORKS) - REQUEST TO WAIVE AND

DISCHARGE SECTION 75 AGREEMENT Requests have been received for deputations to address the Committee both in support of and relative to objections to this request. (Report No 6-2011 enclosed).

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4 DELEGATED ITEMS (AN4-2011) It is reported for the information of the Committee that from 22 November 2010 to 21 December 2010, 40 applications were decided under delegated powers. Five of these applications attracted objections and four of these were approved and one was refused.

Application No 10/00096/FULL Item 1 Page 1

Dundee City Council Development Management Committee 17 January 2011

Ward West End

Proposal Change of Use and Internal Conversion of an Existing Retail Unit (Class 1) and Store/Warehouse Facility to 25 Student Studio Apartments Address Tay Mills 19 Brown Street Dundee Applicant Mr Jon Stewart Crosslane Investment Partners (Dundee) LLP Suite 2C Manchester International Office Centre, Styal Road Manchester M22 5WB Agent James F Stephen Milton Studio Glamis Angus DD8 1RG Registered 24 Feb 2010

Case Officer P Macari

�� The Change of Use and Internal Conversion of an Existing Retail Unit (Class 1) and Store/Warehouse Facility to 25 Student Studio Apartments is RECOMMENDED FOR REFUSAL. Report by Director of City Development.

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• This application seeks planning permission to change the use of an existing vacant ground floor retail and storage unit to form 25 student apartments within the A listed building at 19 Brown Street, Dundee.

• Policy 9 (Student Housing), Policy 26 (General Economic Development Areas), Policy 28 (Higher Education Development), Policy 59 (Alternative Uses of Listed Buildings), Policy 60 (Alterations to Listed Buildings) and Policy 61 (Development in Conservation Areas) of the Dundee Local Plan Review 2005 are relevant to the outcome of this planning application.

• The applicant has submitted a variety of reports outlining support for the proposed development.

• The proposals fail to satisfy the requirements of Policy 9, 26, 59 and 60 of the Dundee Local Plan Review 2005.

• In addition the proposals also fail to satisfy the requirements of the Scottish Planning Policy 2010 and the Scottish Historic Environment Policy 2008.

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The proposals fail to satisfy the requirements of Policy 9, 59, and 60 of the Dundee Local Plan Review 2005. The supporting information submitted by the applicant fails to demonstrate that there are material considerations that would justify laying aside the provisions of the Development Plan to grant planning permission. The application is therefore recommended for REFUSAL.

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Application No 10/00096/FULL


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This application seeks planning permission to change the use of an existing vacant ground floor retail unit and storage unit to form 25 student apartments within the A listed building at 19 Brown Street, Dundee.

13 of the proposed student apartments shall be located to the north and 12 student apartments shall be located to the south of the existing internal stairwell that provides external access to the existing upper floor student apartments. The 13 student apartments located to the north of the existing stairwell shall be positioned so that 6 of the apartments have east facing windows on to West Marketgait and 7 student apartments have west facing windows on to the courtyard and Brown Street to the rear of the application site. Each of the flats shall be accessed from a central corridor. The proposed flats in the northern sector of the building can be accessed internally from within the welfare facilities serving the existing student apartments or externally from a re-used door opening that previously provided access to the bin store serving the vacant retail unit.

The 12 student apartments to be located in the southern sector of the building shall be arranged so that 6 flats have west facing windows and 6 flats have east facing windows. The flats shall be accessed from a central corridor that can be accessed externally from the Courtyard to the rear of the building or from West Marketgait through the arched entrance to the former mill complex.

The proposals shall involve the creation of a first floor within the existing ground floor of the A listed building. The proposed student apartments shall be duplex in style and shall be spread over two levels with the ground floor of each apartment benefiting from a shower room and open plan kitchen, dining and living area. On the first floor each flat shall benefit from a bedroom and study area. The partitions separating each apartment shall follow the existing internal cast iron column arrangement with the original vaulted ceiling of the A listed building being partially

exposed in the bedroom areas of each flat. Only 3 of the original cast iron columns supporting the vaulted ceiling shall be exposed with the remainder being enclosed within the partitions separating each flat.

External alterations involving the creation of new window openings and alterations of existing door openings are proposed to match the appearance of the existin A listed building. This shall involve the use of stone and mortar to make good any door or window openings. In addition it is proposed to install two new extract louvers on the courtyard (west) elevation of the building.

In accordance with the Council's scheme of delegation, this application is being reported to the Development Management Committee at the request of the Director of City Development.

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The application site is located to the west of West Marketgait. The application property is the ground floor in a 4 storey commercial building which is Category A listed. The premises were previously occupied by

offices of Telewest. Access to the building is taken from Brown Street. The upper floors of the building are all in residential use. To the west of the building is car parking for the surrounding uses. There are 5 spaces

available for the proposed use. The surrounding uses are mixed industrial, commercial, leisure and retail.

The building is A listed and is situated within the Blackness Conservation Area.

Internally the vacant retail unit and storage unit are the last remaining parts of the A listed mill building that expose the original double height vaulted ceiling and cast iron columns that span the length and depth of

the building exposing the original mill floor in its expansive form. The upper floors of the building have been subdivided to form student apartments with the cast iron columns either removed or enclosed within partition walls and the vaulted ceilings covered by modern roof features. The A listed mill building also has large timber framed sliding sash and case windows, sized to reflect the scale and massing of the building and to provide natural

light into the mill building.

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There are no policies relevant to the determination of this application.

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The following policies are of relevance:

Policy 9 - Student Housing - sites identified on the Proposals Map are considered appropriate

for the development of student housing. In addition, student housing proposals on sites within 15 minutes walking distance of the Universities will be supported where this is in accordance with other Local Plan policies. A Section 75 Agreement will be required to restrict occupancy to students unless a higher education institution was a partner in the proposed development, in which case planning conditions would be appropriate. Given the prominent location of many sites close to the

Application No 10/00096/FULL Page 3


City’s Universities, it is important that development proposals are of a very high quality design. Adequate car parking should be provided based on a parking and accessibility assessment that takes account of factors identified in the Addendum to National Planning Policy Guideline 17 - Transport and Planning Maximum Parking Standards, including the need to avoid overspill parking on surrounding streets. Secure bike storage facilities should be included in all proposals.

Policy 26: General Economic Development Areas - in areas designated as General Economic Development Areas, proposals for Class 4, 5 and 6 developments will be supported. Other uses of a wider industrial nature such as car showrooms, wholesaling, taxi offices and scrap yards may be permitted provided:

a there is no detrimental impact on neighbouring uses and local residential amenity, and

b there is no unacceptable traffic impact; and

c the scale of development is appropriate to the size and location of the site.

Class 1 retail will not be permitted unless in accordance with other policies in the Local Plan. Residential development is generally not supported within General Economic Development Areas unless a satisfactory standard of residential amenity can be achieved; housing will not adversely impact on the ongoing operation of adjacent industrial areas; and evidence demonstrates that the site is no longer suitable for economic development purposes.

Policy 28: Higher Education Development - the City Council will support further higher education development generally and particularly in association with relevant business and research expansion. Development proposals in the Blackness area will be encouraged subject to other Local Plan policies and agreed Masterplan.

Policy 59: Alternative Uses For Listed Buildings - suitable alternative uses will be considered for listed buildings where this is necessary to secure their future. Any adaptation of the fabric must be undertaken carefully and sensitively and have minimum impact

on the architectural and historic interest, character and setting of the building. Reference should be made to other policies in the Plan.

Policy 60: Alterations to Listed Buildings - the alteration of a listed building will only be acceptable where the proposals have regard to the preservation or enhancement of its architectural or historic character. Alterations will not be permitted where the works would diminish the architectural integrity of the building or its historic interest. The City Council will provide specific supplementary guidance on the following: window and door alterations, advertisements, shopfronts, roller shutters, treatments to masonry and painting and use of materials.

Policy 61: Development in Conservation Areas - within Conservation Areas all development proposals will be expected to preserve or enhance the character of the surrounding area. This will require the retention of all features which contribute to the character and appearance including unlisted buildings of townscape interest, trees and landscape features and the historic pattern of streets and spaces, as identified in the Conservation Area management plans to be advanced in the near future.

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The following are of relevance:

Scottish Historic Environment Policy 2009

Scottish Planning Policy (SPP) 2010

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There are no non statutory Council policies relevant to the determination of this application.

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There are no specific sustainability policy implications arising from this application.

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This application is accompanied by an application for listed building consent for internal alterations to the A listed building to form 25 student apartments. This application shall be

decided by delegated powers and does not require to be reported to the Council's Development Management Committee.

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The Council has followed the statutory neighbour notification procedure outlined in the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008.

No objections have been received in relation to the

proposed change of use.

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The Head of Environmental Health and Trading Standards has raised concern that the application site may be contaminated by historic uses. However, from the level of information provided by the Applicant the Head of Environmental Health and Trading Standards is satisfied that this matter can be addressed by a condition should the Committee be minded to grant planning permission.

Historic Scotland has confirmed that they have no objections to the principle of the proposed development and shall address any adverse impact upon the character or setting of the A listed building in the assessment of listed building consent application ref: 10/00097/LBC that seeks consent for alterations to the A listed mill building to form 25 student apartments.



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Section 25 of the Act 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.

In accordance with Section 59 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 the Council is required to have special regard to the desirability of preserving the listed building or its setting or any features of special architectural or historic interest which it possesses.

In accordance with Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 the Council is required to have special regard to the desirability of preserving or enhancing the character or appearance of the Conservation Area.

Due to the nature of the proposals, Policy 9 (Student Housing) of the Plan applies. This Policy identifies sites for the development of student housing and also advises that proposals on sites within 15 minutes of the main Universities will be supported where this is in accordance with other local plan policies. The preamble to this policy also advises that the Universities will need to keep under review the demand for student accommodation to ensure that supply is managed to guard against a surplus emerging.

The site has not been identified in the Dundee Local Plan Review 2005 as a site appropriate for student housing although historically approximately 395 bed spaces have been created in the upper floors of the A listed Tay Mills building. The applicants have failed to provide a full justification for the selection of this site and for this form of development.

Both Dundee and Abertay Universities have been replacing their existing student accommodation. In addition, private developments providing student accommodation have been built and others granted planning permission. Since the adoption of the Local Plan (2005), progress has been made on the majority of the identified

sites in the Local Plan for the development of student housing.

Since 2003, a total of approximately 2,544 bed spaces have received planning permission for purpose built student accommodation. This includes both University and private sector development. Of these approximately 349 have been direct replacements within the existing sites (mainly the main Dundee University campus area and West Park). Of those granted planning permission only the conversion of the listed building in Guthrie Street for 125 bedspaces remains to be completed.

Therefore, due to the number of existing approved planning applications for student accommodation (approximately 2,544 bed spaces), it is considered that at present there is no demand or justification for additional student apartments within the City.

A surplus in student accommodation has the potential to create pressure for the conversion of the proposed student flats contained within this development to mainstream residential accommodation. However, due to the relaxed standards applied to student housing in terms of floor space, car parking and amenity ground, it is considered that this would create a poor level of residential amenities for mainstream housing. Policy 9 requires proposals for student housing to be secured by a Section 75 legal agreement prohibiting the use of the student apartments as mainstream residential accommodation. The applicants are aware of this requirement. Should the Committee be minded to approve this application, planning permission shall be granted subject to the completion of a Section 75 legal agreement restricting the use of the proposed student apartments.

The existing student apartments within the Tay Mills complex and managed by Crosslane Investment Partners LLP are afforded 27 car parking spaces within the car park to the west of the application site. However, no additional car parking or secure cycle storage facilities are proposed as part of the proposed development. The application as submitted fails to address the requirement for the submission of a parking and accessibility assessment as required by Policy 9.

The proposals therefore fail to satisfy the requirements of Policy 9.

Policy 26 (General Economic Development Areas) presumes in favour of developments within these areas that fall within Classes 4, 5 and 6 of the Use Classes Order. Exceptions to this may be permitted where uses of a wider industrial nature can meet certain criteria.

With regard to the provision of residential developments within such areas, this is generally not supported unless a satisfactory standard of residential amenity can be achieved; housing will not adversely impact on the ongoing operation of adjacent industrial areas; and evidence demonstrates that the site is no longer suitable for economic development purposes. The applicants have not submitted evidence to accompany this application that fully demonstrates that the site cannot be used for future economic development purposes.

In light of the above the proposals are considered to be contrary to Policy 26 of the Plan

Policy 28 (Higher Education Development) seeks to support further higher education development particularly in association with relevant business and research expansion. It is not the intention of this Policy to provide support for further student accommodation within these areas. In addition, the application site has not been formally identified as part of an agreed Masterplan with either Dundee or Abertay University.

It is considered that the proposals are not supported by Policy 28 of the Plan, but neither do they contravene it.

Policy 59 (Alternative Uses of Listed Buildings) is supportive of proposals for alternative uses of listed buildings that seek to safeguard the future of the building. However, any adaptation of the fabric must be undertaken carefully and sensitively and have minimum impact on the architectural and historic interest, character and setting of the building.

Policy 60 (Alterations to Listed Buildings)is supportive of proposals that seek to preserve or enhance the architectural or historic character of listed buildings.

While the Council is supportive of proposals to re-use listed buildings,



only proposals that are sympathetic to the historic fabric, architectural and historic character and setting of the building shall be supported. The existing vacant retail space maintains the original form of the ground floor of the A listed building with no partitions or mezzanine floor levels obscuring the original vaulted ceiling or cast iron columns. The proposals shall involve the creation of 25 duplex style apartments. The partitions separating each apartment shall follow the vaulted pattern of the original roof and therefore 21 of the original 24 cast iron columns supporting the vaulted ceiling shall be enclosed within the proposed partitions. Part of the vaulted ceiling shall be exposed within each of the proposed apartments.

The true character and setting of the A listed building is demonstrated by its grand scale and external appearance coupled with the high vaulted ceilings and great expanse of floor area illuminated through early 20th century gothic styled window openings glazed by timber framed sliding sash and case window units proportioned to match the scale and massing of the building and the high ceilings.

The proposed sub-division of the ground floor which is the last area of original floor space of the A listed mill building to remain intact shall diminish the remaining historic character of the internal workings of the original building. This is because the vaulted ceiling and cast iron columns in their entirety contribute significantly to the character and appearance of the A listed building by giving a true reflection of the scale and massing of the architectural form of the A listed Tay Mills complex.

The proposed conversion of the existing retail unit on the ground floor of the A listed building at 19 Brown Street to form 25 student apartments and the associated adaptation of the building's historic fabric shall adversely impact on the architectural and historic interest, character and setting of the building. The proposals are therefore contrary to the requirements of Policy 59 (Alternative Uses of Listed Buildings) and Policy 60 (alterations to Listed Buildings) of the Dundee Local Plan Review 2005.

Policy 61 (Development in Conservation Areas) is supportive of proposals that seek to preserve or enhance the character of conservation

areas. The external alterations proposed to the A listed building shall maintain the external appearance of the building and therefore shall have a neutral impact upon the appearance of the West Marketgait and Brown Street streetscapes.

It is concluded from the foregoing that the proposal does not comply with the provisions of the development plan.

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The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 as amended

In accordance with Section 59 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 the Council is required to have special regard to the desirability of preserving the listed building or its setting or any features of special architectural or historic interest which it possesses. The proposals shall adversely impact upon the historic and architectural character of the building through sub-dividing the vacant ground floor retail unit in the A listed building at 19 Brown Street to form 25 duplex student apartments. The proposals shall result in 21 of the 24 original cast iron columns supporting the original vaulted ceiling being encased within partition walls separating each of the proposed flats. In addition the partition walls separating the proposed flats shall also alter the appearance of the vaulted ceiling whereby in its entirety the original ceiling as existing is one of the last remaining principal architectural features of the A listed mill building. However, sub-divided so that only individual barrel elements of the roof are exposed within each of the flats, the significant contribution of the original vaulted ceiling to the architectural and historic character of the A listed building shall be considerably diminished.

In accordance with Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 the Council is required to have special regard to the desirability of preserving or enhancing the character or appearance of the Conservation Area. The requirements of Section 64 have been satisfied in the assessment of the proposals against Policy 61 (Development in Conservation Areas) of the Dundee Local Plan Review 2005.

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The other material considerations to be taken into account are as follows:

a Quality of Student Accommodation Proposed

The proposed student accommodation shall be located at ground floor level on one of the busiest thoroughfares through the city highlighted by the Head of Environmental Health and Trading Standards as an air quality hot spot with traffic noise generating significant instances of noise disturbance that would adversely affect the level of amenity afforded to the proposed student apartments.

The applicant has submitted a noise impact assessment with recommended attenuation measures and a high level fresh air intake system to alleviate the concerns of the Head of Environmental Health and Trading Standards relating to noise disturbance and air quality. However, even after the refurbishment of the existing windows and the installation of secondary glazing in conjunction with the installation of a fresh air intake system it shall not be possible to open the windows of apartments facing on to the West Marketgait without adversely affecting the environmental quality afforded to the proposed student apartments by virtue of significant noise disturbance from passing traffic and the poor level of air quality due to the emission of noxious gasses from exhausts.

In this instance, by virtue of location the proposed student flats shall be afforded a low level of environmental quality.

b Policy 26 (General Economic Development Areas)

It has been concluded above that the proposals fail to comply with the requirements of Policy 26 of the Dundee Local Plan Review 2005. However, given that the upper floors of the A listed building have been converted into student apartments, the adjoining mill building is used for retail and the previous use of the application site was storage/ retail, a precedent has been set by the existing and previous uses of the Tay Mills complex for purposes falling outwith Class 4, 5 and 6 of the Town Country Planning (Use Classes) (Scotland) Order 1997 as amended. In this instance it would be difficult to customise the use of commercial



activity falling within Class 4, 5 or 6 to minimise the impact upon the level of amenity afforded to the adjoining student apartments and neighbouring retail units. Therefore, there are material considerations that would allow for the use of the application site for purposes falling outwith Classes 4, 5 or 6 of the Town and Country Planning (Use Classes)(Scotland) Order 1997 as amended.

c Supporting Information

The applicant has submitted a range of supporting information in the form of a planning statement and market statement. The supporting information fails to address whether the proposed student housing complies in full with the provisions of the Development Plan and concentrates only on the areas where the proposals partially comply with the criteria of Policy 9, 59, 60 and 61 of the Dundee Local Plan Review 2005, the Scottish Planning Policy 2010 and the Scottish Historic Environment Policy 2009.

The market statement fails to demonstrate that there is a requirement for the proposed student apartments in the chosen location. In addition the proposals also fail to demonstrate that the application site has been marketed in its current form without interest justifying the proposed redevelopment of the A listed building to form 25 student apartments. The supporting information therefore fails to satisfy the requirements of the Scottish Historic Environment Policy 2008 and the Scottish Planning Policy 2010 for proposals involving the alternative uses and redevelopment proposals for listed buildings

d Views of Dundee College and Dundee University

Dundee College has submitted a letter of support for the proposed student apartments. The letter states that the College relies heavily on private sector student accommodation to house its students. The College also states in its letter that the provision of 25 additional student apartments as proposed shall have little impact upon the existing supply of student accommodation within the City.

Dundee University have stated that Dundee is currently well served by student accommodation. With the number of students within the City likely to remain constant it is unlikely

that there shall be a significant demand for addition student accommodation.

It is concluded from the foregoing that insufficient weight can be accorded to the material considerations to justify the grant of planning permission contrary to the provisions of the development plan. It is therefore recommended that planning permission be refused.

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The proposed alterations to the facade of the A listed building are in keeping with existing appearance of the building.

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The proposals fail to satisfy the requirements of Policy 9, 59, and 60 of the Dundee Local Plan Review 2005. The supporting information submitted by the applicant fails to demonstrate that there are material considerations that would justify laying aside the provisions of the Development Plan to grant planning permission. It is therefore recommended that planning permission is refused.

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It is recommended that consent be REFUSED for the following reasons:-

1 The proposal is considered to be contrary to Policy 9 (Student Housing) of the Dundee Local Plan Review 2005 by virtue of the failure of the applicants to adequately justify the requirement for additional student bed spaces within the city on a site that is not allocated for such uses on the Proposals Map, and, by failure to provide a Transport Assessment to allow a full assessment of the operational and parking requirements for the proposals. There are no material considerations that would justify approval of planning permission.

2 The proposals shall adversely affect the historic character and architectural features of historic importance of the A listed building erasing the last original expansive area of floor space of the Tay Mills complex by sub-dividing the existing retail unit into 25 student apartments, concealing the cast iron columns supporting the original vaulted

ceiling within partition walls and by exposing only individual barrels of the vaulted ceiling within the individual apartments. The proposals fail to satisfy the requirements of Policy 59 (Alternative Uses of Listed Buildings) and Policy 60 (Alterations to listed buildings) of the Dundee Local Plan Review 2005 as well as the requirements of Section 14 of the Planning (Listed Building and Conservation Areas) (Scotland) Act 1997 as amended. There are no material considerations that would justify support of the proposals.

3 The proposed student apartments shall be afforded a low level of environmental quality by virtue of poor air quality and noise disturbance consequent of the location of the application site on the ground floor of the A listed Tay Mills building on the West Marketgait. While there are agreed measures that can be put in place to improve the level of air quality within the building and reduce the impact of noise disturbance from passing traffic it would not be possible to open the windows of the flats fronting on to the West Marketgait. Residents of the proposed apartments would consequently be afforded a low level of amenity.



Ward The Ferry

Proposal Change of use from public open space to private garden ground and erection of boundary fencing to new rear boundary Address Land to rear of 665 Arbroath Road Broughty Ferry Dundee Applicant Simon Cobley 665 Arbroath Road Broughty Ferry Dundee DD5 3LD Agent Registered 2 Nov 2010

Case Officer B Knox

�� The change of use from public open space to private garden ground is RECOMMENDED FOR APPROVAL subject to conditions. Report by Director of City Development.

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• The application seeks permission for the change of use of an area of ground designated as public open space to private garden ground and for the erection of boundary fencing to the newly created boundary.

• The application is being referred to Committee as the application relates to land that is owned by the Council.

• The Statutory Neighbour Notification procedure was carried out and the application was advertised as a Departure to the Dundee Local Plan Review 2005. No objections have been received.

• It is considered that with the application of appropriate conditions regarding tree removal and replanting the application is acceptable.

• The application is therefore recommended for APPROVAL subject to conditions.

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The application is contrary to Policy 66A and 66B of the Dundee Local Plan Review 2005 but it is considered that there are material considerations of sufficient weight to justify the approval of the application with appropriate conditions to require replanting. The application is therefore recommended for APPROVAL subject to conditions.

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The application seeks permission for the change of use of an area of ground designated as public open space to private garden ground and for the erection of boundary fencing to the newly created boundary. It is understood that the applicant will lease the land on a long term basis from the Council for this purpose. The area of ground proposed to be changed measures approximately 8m by 14.9m across. The boundary fencing forming the rear boundary at present would be re-sited on the newly formed rear boundary and increased in height to 2m. A fence of similar design would be erected to the north and south boundaries of the new garden area. The application proposes the removal of eight trees currently occupying the open space.

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The application site is located to the south of the main A92 Arbroath Road. The applicant dwelling is situated on the minor section of road also known as Arbroath Road in an area which forms a small residential cul de sac away from the main route. The open space area the subject of the application is accessed from the rear of Cliffburn Gardens. There is generous tree cover in the open space area and this is mainly comprised of pine varieties of tree. The trees are of substantial height and provide visual interest as well as shelter.

The associated applicant dwelling is a semi detached house the gable of which faces north onto the main A92 Arbroath route. A footpath/cycle path runs to the north of the property along the edge of the main road

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Policy 66A: Protection of Playing Fields and Sports Pitches - there is a presumption in favour of retaining playing fields and sports pitches in Dundee. They should not be redeveloped unless the Council is satisfied that they are no longer required for their original purpose and there is a clear long term excess of pitches, playing fields and public open space in the wider area, having regard to the site’s recreational and amenity value plus the needs of future generations. In addition, the following criteria must also be satisfied:

a the proposals affect part of the site that has lesser sports and amenity value and will improve the sports, recreational and amenity value across the remainder of the site (eg grass pitches will be replaced on-site with an all weather surface); or

b compensatory open space of at least equal benefit and accessibility will be provided in or adjacent to the community most directly affected, resulting in an overall improvement to existing facilities and the amenity of the area, eg relocating existing pitches to a more central location within the community most directly affected; or

c development plans require the site for an important, strategic development, following examination of all possible alternative sites, and replacement provision of equal community benefit will be created in or adjacent to the community most directly affected.

Proposals must be consistent with policies elsewhere in the Plan and must not adversely affect the character or setting of an Historic Garden or Designed Landscape. Replacement provision must be made available in a playable condition before the existing facilities become unavailable. Where this is impractical, developers must provide sufficient justification and the Council will require replacement in the short term to an alternative agreed timetable. Compensatory arrangements must be secured by applicants to ensure that the sporting needs of displaced users are suitably catered for,

to the satisfaction of the Council.

Policy 66B: Protection of Other Open Space - there will be a presumption against the development or redevelopment of all other open space within the Local Plan area unless:

a the broad principles of criteria listed in Policy 66A are satisfied; or

b the proposals are consistent with a park masterplan, strategy or programme approved by the Council to improve the management of open space.”

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There are no statements of Government policy relevant to the determination of this application.

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There are no non statutory Council policies relevant to the determination of this application.

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There is no planning history associated with the site.

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The Statutory Neighbour Notification procedure was carried out. The



application was also advertised as a departure to the Development Plan in the local press.

No objections have been received.

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The Council's Forestry Officer has advised that the removal of all eight trees as proposed by the applicant would have the potential to have a detrimental effect upon the remaining trees in the open space area. In addition, their removal would be likely to have a negative impact upon the visual amenity of the surrounding area.

The Forestry Officer has advised that selective removal of trees may be possible with sufficient replanting.

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Section 25 of the Act provides that an application for planning permission (other than for a national development) shall be determined in accordance the development plan unless other material considerations indicate otherwise.

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The application proposes the change of use of a piece of land measuring approximately 8m by 14.9m. In terms of the Dundee Local Plan Review 2005, the land is designated as being Open Space. It is proposed to change the use from public open space to private garden ground of the applicant whose dwelling adjoins the open space on the basis that the applicant will lease the land from the Council on a long term basis. It is also proposed to relocate the rear boundary fencing to the newly created rear boundary and provide additional fencing to the new north and south boundaries of the enlarged garden area. The additional fencing would be of similar style and design as is existing.

As the land is designated as Open Space in the Dundee Local Plan Review 2005 Policy 66B is relevant. This policy states that there will be a presumption against the development of all other open space within the Local Plan area unless amongst other things, the broad principles of criteria Listed in Policy 66A are satisfied.

Even though no operational development is proposed, other than the erection of a new fence, since the proposal would still result in the loss of public open space it is considered to be relevant to assess whether the proposal is in accordance with the broad principles of Policy 66A.

The aim of Policy 66A seeks to ensure that the open space network is not undermined by piecemeal erosion of existing open space. The Policy approach makes a clear distinction between playing fields and sports

pitches and other open space. The majority of the criteria in Policy 66A are targeted towards the retention of playing fields and sports pitches but it is considered that the regard to the amenity value of open space is a relevant consideration.

The existing trees on site are of a pine variety and provide limited visual screening. However, it is considered that their presence also adds visual interest to the area. There are a number of other pine trees in the open space area making the area relatively well covered in tree species and providing habitats for surrounding wildlife.

The application has proposed the removal of eight trees in the area which is to become garden ground. It is considered that this would have a detrimental effect upon the amenity of the surrounding area in terms of the visual impact due to the size and scale of the species to be removed.

It is concluded from the foregoing that the proposal fails to comply with the provisions of the development plan.

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Forestry Officer Advice

The Forestry Officer advised that the loss of the eight trees proposed to be felled would be detrimental to the visual appearance of the area. However, it is considered that it would be appropriate to allow the removal of four trees in the first instance in order for the impact upon the other trees in the open space area to be assessed. As part of this, replanting of alternative species at locations to be agreed would be required. It is considered that if these issues are made the subject of two separate conditions to any grant of permission, the visual amenity of the

area can be protected.

It is considered that this is of sufficient weight to lay aside the provisions of the development plan in this instance.

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The small additional sections of fencing are to be of similar design to the existing fencing which is of a standard design. It is therefore considered to be acceptable for the house and surrounding area.

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The application is contrary to Policy 66A and 66B of the Dundee Local Plan Review 2005 but it is considered that there are material considerations of sufficient weight to justify the approval of the application.

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It is recommended that consent be GRANTED subject to the following conditions:-

1 Prior to the commencement of any work on site a landscaping plan shall be submitted to and approved in writing by the Council. The landscaping plan shall include details of the phased removal of trees and a scheme of phased replanting at locations and of species to be agreed.

2 The approved landscaping scheme shall be completed in all respects within six months of the change of use. Any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within five years from the completion of the scheme shall be replaced by trees or shrubs of similar size and



species to those originally required to be planted.

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1 In order to protect the visual amenity of the surrounding area.

2 In order to ensure the visual amenity of the surrounding area.



Ward The Ferry

Proposal Erection of rooftop flagpole supporting three Vodafone and three O2 antenna within GRP shroud Address Northwood 118 Strathern Road Broughty Ferry Dundee Applicant Vodafone/O2 UK The Connection Newbury Berkshire RG14 2FN Agent Andrew Swain A and K Solutions Ltd 31 Churchill Drive Bishopton PA7 5HF Registered 23 Nov 2010

Case Officer E Young

�� The erection of rooftop flagpole supporting three Vodafone and three O2 antenna within GRP shroud is RECOMMENDED FOR APPROVAL subject to conditions. Report by Director of City Development.

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• Planning permission is sought for a 6.5m high, flagpole-style telecommunications mast on the tower of this building to accommodate three Vodafone and three O2 antennae. The mast will be 275mm in diameter. The tower, which previously had a similar flagpole, is 13.9m high. The original villa dates from 1880; is Listed Category B; lies within the West Ferry Conservation Area and is now in use as offices. The development in the grounds and the surrounding area is residential. Four alternative sites were investigated for ground based masts.

• Two valid objections were received on grounds of the impact on Listed Building and Conservation Area. They are not supported as it is considered that the flagpole design would preserve the character and appearance of the Listed Building and the Conservation Area.

• The proposal complies with the Dundee Local Plan Review 2005; the Council's "Non Statutory Planning Policies in Relation to Telecommunications and Other Apparatus" and national planning guidance.

• The application has been referred to the Development Management Committee for determination at the request of a local Member.

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The proposed telecommunications mast will contain antenna for two separate operators and will replicate a flagpole, which was originally located on this tower. The development complies with the relevant policies in the Dundee Local Plan Review 2005, the Council's own Non-Statutory Policies and the national planning guidance. The objections are not supported for the reasons given in the report. The application is therefore recommended for APPROVAL subject to conditions.

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Planning permission is sought for the installation of a rooftop flagpole-style telecommunications mast on the tower of this building to accommodate three Vodafone and three O2 antenna. The mast will be secured using a steel structure within the raised balustrade of the tower and ancillary equipment will be installed within the building in a 3rd floor room. The mast is 6.5m high and will be installed on a tower which is 13.9m high. It will be 275mm in diameter.

The application has been referred to the Development Management Committee for determination at the request of a local Member.

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The application site is the tower of a former large villa on the south side of Strathern Road which is now in use as offices for a housing association. The former garden ground has also been developed for sheltered housing. The site lies within a well established residential area with mature landscaping. The original villa dates from 1880 and was extended in 1911. It is Listed Category B and lies within the West Ferry Conservation Area

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Policy 1: Vibrant and Sustainable Communities - the site is in an existing housing area and this policy seeks to protect the environmental quality enjoyed by local residents.

Policy 60: Alterations to Listed Buildings - the alteration will only be acceptable where the proposals have regard to the preservation or enhancement of its architectural or historic character.

Policy 61: Development in Conservation Areas - proposals should

preserve or enhance the character of the surrounding area.

Policy 78: Location of Telecommunications Equipment - in general, operators are encouraged to share existing masts in order to

minimise the environmental impact on the city. Where mast share is not feasible alternative solutions will be assessed with the objective of minimising the environmental impact on the city. The policy adds that the Council's supplementary guidance on masts will be a material consideration.

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The following are of relevance:

Scottish Planning Policy (SPP)

Planning Advice Note (PAN) 62- Radio Telecommunications

Scottish Historic Environment Policy (SHEP)

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The following policy statements are of relevance:

"Non Statutory Planning Policies in Relation to Telecommunications and Other Apparatus".

The following are of particular relevance:

Policy 1: There should be an operational justification for the location and design of the proposal; a justification against alternative proposals considered and the prospects for mast sharing; and a justification for free standing proposals as opposed to siting apparatus on buildings.

Policy 10: Listed Buildings Apparatus may be located on a listed building providing other

options have been evaluated and the case for non-selection justified and, in consultation with Historic Scotland, the Council is satisfied that there will be minimal interference with the historic fabric and that any alterations are fully reversible.

Policies 2 and 11 deal with ground based masts and do not apply in this case. As the mast is to be installed on a Listed Building, Policy 12 of this document also does not apply.

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There is no relevant site history.

10/00724/LBC the partner Listed Building application has yet to be determined.

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The application was the subject of statutory Neighbour Notification and two valid objections were received to the impact of the development on the Listed Building and Conservation Area. A further four invalid objections were received from neighbours who stated that the building is listed, the site is in a Conservation Area and is surrounded by sheltered housing and nursing homes. No planning reasons for their objections were given.



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There were no adverse comments from consultees. The partner Listed Building application has been referred to Historic Scotland but no response has yet been received.

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Section 25 of the Act 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.

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The provisions of the development plan relevant to the determination of this application are specified in the Policy background section above.

Policy 1: Vibrant and Sustainable Communities - the site is in an existing housing area and this policy seeks to protect the environmental quality enjoyed by local residents.

The proposed mast is designed to look like a flagpole and is located on the 13.9m high tower of the building where a flagpole was originally located. The photograph in this report shows the original flagpole. It is considered that the proposal will have no adverse impact on the environmental quality enjoyed by local residents by reason of design, layout, parking and traffic movement issues, noise or smell.

Policy 60: Alterations to Listed Buildings - as noted above, the flagpole mast will replicate an original feature and will have regard to the preservation or enhancement of its architectural character.

Policy 61: Development in Conservation Areas - proposals should preserve or enhance the character of the surrounding area.

As noted above the design of the proposed mast will preserve the character of the building and the character of the surrounding area.

Policy 78: Location of Telecommunications Equipment - in general, operators are encouraged to share existing masts in order to minimise the environmental impact on the city. Where mast share is not

feasible alternative solutions will be assessed with the objective of minimising the environmental impact on the city. The policy adds that the Council's supplementary guidance on masts will be a material consideration.

The mast will accommodate antenna from two operators which will reduce the potential number of masts required to provide the necessary mobile phone coverage to this area of the city.

It is concluded from the foregoing that the proposal complies with the provisions of the development plan provided it also complies with the Council's Supplementary Guidance as considered below.

Original Flagpole on Northwood

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The other material considerations to be taken into account are as follows:

"Non Statutory Planning Policies in Relation to Telecommunications and Other Apparatus".

Policy 1: There should be an operational justification for the location and design of the proposal; a justification against alternative proposals considered and the prospects for mast sharing; and a justification for free standing proposals as opposed to siting apparatus on buildings.

The supporting information states that the proposal is to provide 3G network coverage which requires antenna to be closer than the earlier 2G cell areas. On average, 3G cells are required to be located between 500 and 1,000m of each other. O2 have no existing 3G installations serving the Strathern Road area or the immediately surrounding areas.

Prior to the submission of this application, a number of alternative sites were investigated and the

application property was chosen as site 1, the preferred site. The remaining sites which were discounted were:

2 Ground based installation Servite Housing. It was considered that a ground based installation would have greater impact than the selected camouflage solution now proposed.

3 Streetworks, Strathern Road Pavement widths and underground services will restrict finding a suitable footpath location. Furthermore, a number of residential properties will have direct views of the installation, therefore making it a less

favourable option.

4 Dawson Park, Caenlochan Road. Although Dundee City Council would be willing to enter into an agreement, following a technical assessment it was discovered that a site in this location would not provide the required coverage. This area has therefore been discounted as would not provide the necessary technical requirements.

5 Streetworks, Caenlochan Road. It was felt that the LPA would not look favourably on a street furniture installation in this area.

The mast is designed to look like a flagpole and, at 275mm diameter, is slightly larger than any pole that would have previously existed. There is evidence of a flagpole having been on the building. As it will be located around 20m above ground level, the difference in dimensions is unlikely to be noticeable to the casual observer.

Policy 10: Listed Buildings Apparatus may be located on a listed building providing other options have been evaluated and the case for non-selection justified and, in consultation with Historic Scotland, the Council is satisfied that there will be minimal interference with the historic fabric and that any alterations are fully reversible.

The proposed flagpole is of a design which has been installed in other Listed Buildings, it can be removed without affecting the fabric of the building and the impact on the Listed Building will be minimal.



The development does not fully comply with Policy 10 as the views of Historic Scotland have not yet been received but the material considerations of the design, location, visual impact and reversibility support the recommendation to approve the application.

It is concluded that the proposal complies with Policy 1 and Policy 10 of the Council's "Non Statutory Planning Policies in Relation to Telecommunications and Other Apparatus" and hence also fully complies with Policy 78 of the Dundee Local Plan Review 2005.

Scottish Planning Policy (SPP) and Planning Advice Note (PAN) 62 - Radio Telecommunications

These documents give good general advice on the siting and design of masts and the Council's own Non Statutory Policies have similar themes. The SPP advise that high quality electronic communications infrastructure is an essential component of economic growth across Scotland. Planning authorities should support the expansion of the electronic communications network, taking into account the implications of not having full coverage or capacity in an area.

PAN 62 states that options should include installation of the smallest suitable equipment; concealing and disguising masts, mast or site sharing; installation on buildings and existing structures and installation of ground based masts.

The proposal complies with these options other than the last option of a ground based mast.

The SPP goes on to advise that planning authorities should not question whether the service to be provided is needed nor seek to prevent competition between operators. To demonstrate that the known health effects have been properly addressed, applications should be accompanied by a declaration that the equipment and installation is designed to be fully compliant with the appropriate ICNIRP guidelines for public exposure to radiofrequency radiation. This application has the appropriate ICNIRP certificate.

For the same reasons as set out in the assessment of the proposals against the relevant policies of the adopted Local Plan, it is considered that the proposals

also comply with Government guidance on the siting and design of masts.

SHEP Scottish Historic Environment Policy.

The SHEP notes that it is the duty of the planning authority to pay special attention to the desirability of preserving or enhancing the character and appearance of a Conservation Area when exercising its powers under the planning legislation. As noted above, this has been taken into account.

Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

In accordance with Section 59 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 the Council is required to have special regard to the desirability of preserving the listed building or its setting or any features of special architectural or historic interest which it possesses.

Section 64 of the Act requires planning authorities, in considering applications in Conservation Areas to have special regard to the desirability of preserving or enhancing the character or appearance of that area.

This matter has already been considered in the assessment of the proposed development under Policies 60, 61 and 78 of the adopted Local Plan and it was considered that the proposal would preserve the character and appearance of the Listed Building and the adjoining Conservation Area.

Objections

Two valid objections were received on the following grounds:

1 The development will spoil the listed building. As noted above, the design has been chosen to complement the building and replicate a flagpole which previously existed. The development will not damage the fabric of the listed building.

2 The development would be against all restrictions applying to a Listed Building in a Conservation Area. As noted above, the proposal does comply with the relevant policies and the national planning guidance.

Invalid objections have been submitted by local residents stating that the

building is Listed, the site is in a Conservation Area and the surrounding area includes a number of nursing homes. No planning reasons for the objections were given.

However, concerns about health matters are commonly raised by local residents and it is inferred that neighbours have concerns on health grounds. These issues have been widely discussed by Government and other bodies. However, the SPP clearly advises that it is not necessary for planning authorities to treat radio frequency emissions as a material consideration. To demonstrate to planning authorities that the known health effects have been properly addressed, applications for planning permission involving antennas must be accompanied by a declaration that the equipment and installation is designed to be in full compliance with the appropriate ICNIRP guidelines for public exposure to radio frequency radiation. The applicant has submitted the appropriate certificate in these circumstances.

It is recognised that there can be a degree of public concern about the siting and design of base stations and therefore stresses the importance of good siting and design and the need to consider alternative sites. This process has been undertaken in this case.

Therefore although the Council is entitled to take concerns about health matters into account, in this case an ICNIRP certificate has been submitted and it is not considered that there are any exceptional circumstances here that would justify refusing the proposed development on health grounds.

It is concluded from the foregoing that insufficient weight can be accorded to any of the material considerations such as to justify the refusal of planning permission contrary to the provisions of the development plan. It is therefore recommended that planning permission be granted with conditions.

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As noted, the mast has been designed to replicate a flagpole which previous existing on the building and is shown in the photograph in this report.

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The proposed telecommunications mast takes the form of a traditional



flagpole which is 6.5m tall and will be located at the top of a square tower at this Category B Listed building. The tower is 13.9m high and a flagpole was located on this building in the past. The mast is 275mm in diameter and will contain antenna for twoparate operators to provide 3G service to the local area. Alternative sites were investigated but this was considered to be the best solution given the residential nature of the surrounding area and the high quality of visual amenity represented by the Conservation Area status. The application site is a Category B Listed Building but the style of mast has been specifically chosen to complement the appearance of the building whilst ensuring that the equipment could be removed in future without any adverse impact on the fabric of the building. The development complies with the relevant policies in the Dundee Local Plan Review 2005, the Council's own Non-Statutory Policies and the national planning guidance. The objections are not supported for the reasons given in the report.

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It is recommended that consent be GRANTED subject to the following condition:-

1 In the event that the equipment becomes obsolete or redundant, it must be removed and the site reinstated to the satisfaction of the Planning Authority within six months of the redundancy.

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1 In order to safeguard the appearance of the statutorily listed building and to improve its architectural appearance.

REPORT TO: DEVELOPMENT MANAGEMENT COMMITTEE - 17 JANUARY 2011 REPORT ON: LARCH STREET (FORMERLY LARCHFIELD WORKS) - REQUEST

TO WAIVE AND DISCHARGE SECTION 75 AGREEMENT REPORT BY: DIRECTOR OF CITY DEVELOPMENT REPORT NO: 6-2011 1 PURPOSE OF REPORT

1.1 To inform Committee of a request to waive and discharge the terms of a Section 75 Agreement relating to the prohibition of the use of new dwelling houses in Larch Street, Dundee as Houses in Multiple Occupation.

2 RECOMMENDATION

2.1 It is recommended that the Committee reject this request to waive and discharge the terms of the Agreement.

3 FINANCIAL IMPLICATIONS

3.1 There are no financial implications associated with this report.

4 BACKGROUND

4.1 Reference is made to Article 1 of the minutes of the City Development Committee of 26 April 2010 wherein the Members resolved to defer consideration of a request to waive and discharge the terms of a Section 75 Agreement relating to the prohibition of the use of 8 new houses in Larch Street, Dundee as Houses in Multiple Occupation. This deferral was requested by the applicant.

4.2 Reference is made to Article 111 of the minutes of the City Development Committee of 11 January 2010 wherein the Members resolved to defer consideration of a request to waive and discharge the terms of a Section 75 Agreement relating to the prohibition of the use of 8 new houses in Larch Street, Dundee as Houses in Multiple Occupation. This deferral was requested to allow the opportunity for the Council to consult with local residents on the terms of the proposal and for the committee to be advised of the extent of existing HMO's in the local area.

4.3 Reference is also made to Article 1(g) of the minutes of the Development Quality Committee of 19 June 2006 wherein the members resolved to approve outline planning application 06/00258/OUT for the erection of 8 new town houses on the site of the former Larchfield Works in Larch Street subject to the conclusion of a Section 75 Agreement prohibiting the use of the properties developed on the site as houses in multiple occupation.

4.4 Planning consultants acting on behalf of Zulco Limited as proprietors and developers of the 8 houses have now submitted a detailed statement in support of their clients' application. This includes a Financial Statement outlining the investment in the site and the economic impact of the Section 75 restrictions. The consultants consider the following material considerations should be taken into account:

2 Report No 6-2011

a the applicants were aware of the S75 agreement when they purchased the site;

b the applicants have contributed to the regeneration of the area;

c the applicants have tried to secure family occupation of the site without success and the houses are under occupied;

d the main reason for the application is that the applicants are unable to sell or rent to full occupancy;

e the applicants do not intend to change the planning use of the properties to HMOs;

f local residents were surveyed at the request of elected Members and only 4 objections were received from 238 properties; and

g the area over which the concentration of HMOs was assessed ignores industrial and derelict buildings which should have been included in the survey and this would have reduced the concentration of HMOs in the area.

4.5 The submitted Financial Statement outlines the investment in the site and the expected returns which have been adversely affected by the economic downturn. The solicitors began marketing the properties for sale in December 2007 but withdrew them from the market in June 2010. There has been no demand or interest shown in the properties for normal residential use. The solicitors advise that while the state of the property market will be a factor in that, it is clear that the fact that the Section 75 Agreement exists is an off-putting factor to potential purchasers who may be interested in the purchase of one of these properties with a view to occupation by 3 or more unconnected persons. They conclude by stating that Zulco Ltd still wishes to develop sites within the Dundee area but is restrained from carrying on its business because these units cannot be sold.

4.6 The Dundee Local Plan Review 2005 promotes new residential development in the Central Dundee Housing Investment Focus Area (in which the residential properties at Larch Street are located). However, many developments in this area were being purchased for multiple occupation purposes. In light of the proximity of higher education institutions, this was a particular issue in relation to the occupation of the units by students. Whilst such properties require to be licensed as HMOs, the houses can be occupied by up to 5 unrelated persons without requiring planning permission for use as an HMO.

4.7 The multiple occupation of new houses in the Central Dundee Housing Investment Focus Area made them unavailable to other sectors of the housing market. Furthermore, such occupation can increase pressure in residential areas for facilities such as parking, whilst the relatively “transient” nature of occupants does not contribute to a stable community. In order to achieve the objectives of the Central Dundee Housing Investment Focus Area and retain new residential development for occupation by families, it was considered appropriate that its occupation by 3 or more unrelated people be prevented. The Council has sought to secure this objective through the use of legal agreements as set out in the approved Supplementary Planning Guidance covering HMOs (approved November 2006 and reviewed February 2008). Agreements have been applied to all new residential development

3 Report No 6-2011

within the Central Dundee Housing Investment Focus Area with little to no resistance to them.

4.8 During consideration of the outline planning application for the 8 houses in question in 2006, it was considered appropriate by virtue of the size and type of the proposed houses and their proximity to the University of Dundee campus area, to restrict the use of the properties to mainstream housing only. This restriction was discussed in full and agreed with the applicants at that time and this acceptance was reported to the Members of the Council's Development Quality Committee that approved the application on 19 June 2006. It is considered that without this agreement being in place it is unlikely the outline application would have been offered the support of the Council. The applicants have now requested the waiver and discharge of this Agreement.

4.9 As instructed by the Members of City Development Committee in January 2010, the views of the occupiers of the surrounding residential properties have been sought on this proposed waiver and discharge of the Section 75 Agreement. Taking account of the surrounding land use characteristics, it was considered that the most appropriate area for this consultation was the predominantly residential area bounded by Horsewater Wynd in the east, Brook Street to the north, Edward Street to the west and Blackness Road to the south. This area accommodates 238 residential properties, 67 of which have active HMO Licenses (ie 28% of the residential properties). This suggests that the area is dominated by mainstream housing in accordance with the objectives of the Central Dundee Housing Investment Focus Area. This also clearly demonstrates that the current provision of HMO accommodation in this local area already significantly exceeds the recommended 12.5% maximum concentration of such accommodation within the total residential stock of any Census Output Area within the Central Dundee Housing Investment Area (Policy HMO2 of Supplementary Planning Guidance on Houses in Multiple Occupation 2006 (revised 2008) refers).

4.10 The Larch Street properties under consideration are located towards the east side of this identified consultation area. Each individual residential household was advised, in writing, of the request to use the properties in Larch Street as Houses in Multiple Occupation. To date, 4 objections to the proposal have been received from local residents on the grounds that:

a the proposal is contrary to the provisions of the Development Plan and the Councils approved Supplementary Planning Guidance on Houses in Multiple Occupation;

b the use of the properties for multiple occupation purposes will further exacerbate disturbance and nuisance to the detriment of the residential amenities of the area;

c the proposal will have a significant detrimental impact upon traffic and car parking in the surrounding area;

d the proposal would set an undesirable precedent for other properties in the city that are similarly covered by a Section 75 Agreement relating to the prohibition of HMO occupancy; and

4 Report No 6-2011

e that prospective purchasers of a number of the properties in question withdrew their interest due to the restrictions on occupancy imposed by the terms of the Section 75 Agreement.

4.11 When the revised Report containing the results of the consultation was placed before the City Development Committee of 26 April 2010 the applicants requested a deferral and planning consultants have submitted a detailed supporting statement as noted in paragraphs 4.4 and 4.5 above. In response to that statement, the Council considers that:

a the current economic circumstances and the financial circumstances of the applicants are not sufficient to justify the waiving of the S75 and this would set an unacceptable precedent for other developers and owners to seek the same relaxation for the many residential developments approved, subject to similar S75 agreements, in the City Quay and West End;

b it is important to retain the mixed character of the area which includes both family properties and HMOs to encourage the future redevelopment of the remaining vacant and derelict buildings. The removal of the restrictions would tend to result in an area wholly given over to HMO use which would be detrimental to the area and to the amenities of occupants; and

c the application does not relate to the planning use but to the S75 restrictions which were the subject of an agreement between the parties which the applicants confirm they were aware of when they purchased the site.

4.12 Members may recall that the Supplementary Planning Guidance was prepared and approved following widespread concern that new housing, which was regenerating the Inner City, was being used for multiple occupancy. Since the Guidance was approved in November 2006, many developments have been approved subject to the same Section 75 Agreements which this application seeks to remove. The economic justification set out on behalf of Zulco Ltd could be put forward by many other developers in the current economic climate. Whilst this is a relatively small site of only 8 houses, a decision by this Committee to approve this request could set an unacceptable precedent for other larger developments which could have far reaching implications for the City.

5 CONCLUSION

5.1 Taking into account all the relevant issues above, it is considered that the terms of the current Section 75 Agreement are compliant with the Council's stated aims in the control of houses of multiple occupation in this part of the city and are consistent with the Section 75 agreements which have been concluded with many other developers. As instructed, the surrounding residential properties have been consulted with regard to the proposal. Four objections to the proposed waiver and discharge has been received while no letters of support have been received. There is concern that the use of these properties as additional houses in multiple occupation in this area would further erode the Councils objectives to retain new residential properties in the Dundee Housing Investment Focus Area for occupation by families. The justification submitted on behalf of the applicant is not supported for the reasons given in this report.

5 Report No 6-2011 6 POLICY IMPLICATIONS

6.1 This Report has been screened for any policy implications in respect of Sustainability, Strategic Environmental Assessment, Anti-Poverty, Equality Impact Assessment and Risk Management. There are no major issues.

7 CONSULTATIONS

7.1 The Chief Executive, Depute Chief Executive (Support Services), Director of Finance and Assistant Chief Executive have been consulted and are in agreement with the contents of this report.

8 BACKGROUND PAPERS

8.1 Article 1 of the minutes of the City Development Committee of 26 April 2010.

8.2 Article 111 of the minutes of the City Development Committee of 11 January 2010.

8.3 Article 1(g) of the minutes of the Development Quality Committee of 19 June 2006.

8.4 Section 75 Agreement Minute of Agreement 2006.

8.5 Dundee Local Plan 2005.

8.6 Supplementary Planning Policy Guidance - Houses in Multiple Occupation (November 2006, reviewed February 2008).

8.7 Letters of Objection.

Mike Galloway Director of City Development MPG/CW/EJ 23 December 2010 Dundee City Council Tayside House Dundee

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