Planning Committee (including Former Development Management And Development Quality) - 27/08/2001

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 27th August 2001.

Present:-

COUNCILLORS

Councillor GRANT, Convener, in the Chair.

The minute of meeting of this Committee of 29th June 2001 was held as read.

Unless marked thus * all items stand delegated.

I REQUEST FOR DIRECT ACTION OPEN LAND - ELMWOOD ROAD/CHARLESTON DRIVE, DUNDEE

There was submitted Report No 507-2001 by Director of Planning and Transportation seeking the agreement of the Committee to the Director of Planning and Transportation and Director of Support Services taking appropriate action to seek compliance with a Wasteland Notice in respect of an area of open ground west of Elmwood Road and south of Charleston Drive, Dundee.

The Committee agreed that:-

(i)action be authorised under the terms of Section 135 of the Town and Country Planning (Scotland) Act 1997, to allow the Council to enter onto the land at Elmwood Road/Charleston Drive, Dundee, and take the necessary steps to comply with the Wasteland Notice, following the non-compliance with its terms by the landowner or lessee and to recover from the landowner any expenses reasonably incurred; and

(ii) authorisation be given to the Planning and Transportation Department to enter onto the land concerned and execute the necessary works to seek compliance with the Wasteland Notice.

II APPLICATION FOR ROADSIDE DEVELOPMENT INCLUDING CARAVAN PARKING, TOURIST CENTRE, FAST FOOD RESTAURANT, MOTOR ACCESSORIES CENTRE, DRIVE THRU RESTAURANT, MOTORING

There was submitted Report No 511-2001 by Director of Planning and Transportation seeking the views of the Committee on the above application and how the matter should be dealt with at appeal, in view of the fact that the application had been appealed by the applicants to the Scottish Executive before the Committee had a chance to consider the application.

It was agreed that should the Committee be given the opportunity to determine this application, the development should be refused on the grounds that it:-

(i)contravenes Retailing Policies 1 and 4A of the Structure Plan and Policy S20 of the Local Plan on out of centre retailing;

(ii)contravenes Policies RD1-15 of the Local Plan which allocate the site as falling outwith the urban area and set out limited opportunities for rural development;

(iii)contravenes Policies Env 5 and OS1 of the Local Plan and WC01 of the Urban Nature Conservation Subject Local Plan by reason of the felling of mature trees and in the absence of any proposals to enhance the nature conservation value of the area.

(iv)results in the provision of urban related facilities which are designed for car based trips and remote from the existing built up area, contrary to the Council's Local Transport Strategy;

(v)does not adequately demonstrate that the Transport Impacts of the development are satisfactory and that the proposed duelling of the A92 will not be jeopardised; and

(vi)makes no provision for the screening of the development on a site in an open countryside location and in the absence of existing defensible boundaries to the north, east and west.

III ENFORCEMENT NOTICE APPEAL DECISION - LOCATION: 5 ESPLANADE, BROUGHTY FERRY, DUNDEE - ALLEGED UNAUTHORISED INSTALLATION OF A PLASTIC WASTE OVERFLOW PIPE

It was reported that on 6th March 2001, under powers delegated to the Director of Planning and Transportation, an Enforcement Notice had been served in respect of the alleged unauthorised installation of a waste overflow pipe on the south roof elevation of the above property located within the Broughty Ferry Conservation Area.

The decision was appealed by the applicant under the provisions of Section 130 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997; the appeal was determined by written representations and the decision received by the Council on 12th July 2001.

The Reporter considered that the determining issues were: whether the replacement pipe could be regarded as a legitimate renewal of the original or constituted a new installation in its own right; and if the latter, whether planning permission should be granted for the new item, taking account of the statutory obligations of the Council to pay special attention to the desirability of preserving or enhancing the character and appearance of the conservation area.

The Reporter found that, as the new pipe could not be considered to be a like for like replacement, planning permission for the replacement was required. In addition, he found that the replacement works did not preserve and enhance the character of the conservation area where the original character and appearance of the street remained substantially intact and well worth protecting, and therefore, planning permission was refused and the terms of the Enforcement Notice upheld.

It was further noted that this decision meant that the terms of the original Enforcement Notice served by the Council were in force meaning that the vent pipe had to be removed by 13th August. It is understood that recent works have been undertaken in relation to the pipe and options in respect of any future enforcement action were being considered.

IV DECISION OF SCOTTISH MINISTERS FOLLOWING THE EXERCISE OF CALL IN POWERS - THE BEACH SHELTER, THE ESPLANADE, BROUGHTY FERRY, DUNDEE - DEVELOPMENT OF THE EXISTING

Reference was made to Article II(a) of the minute of meeting of this Committee of 24th January 2000, wherein the Council resolved to grant Listed Building Consent subject to the concurrence of Historic Scotland in respect of the above application.

It was reported that acting on recommendations by Historic Scotland, Scottish Ministers, on 9th October 2000 called in the application for their determination under powers available to them under Section 11 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. The opportunity was then presented to all relevant parties to make representations to an independent Reporter appointed by Scottish Ministers, and the case was determined by written representations and the decision was received by the Council on 25th June 2001.

It was noted that the Reporter considered that:

(i)the shelter listed Category C(S) was of historic and architectural merit (1930's Art deco jazz moderne design) being the only one of its type left in the area following previous demolitions;

(ii)in the light of a report by Historic Scotland's Regional Civil Engineer that the building was still repairable and could be given extended life. She concluded that the current poor condition of the building was as a consequence of vandalism, poor maintenance and neglect;

(iii)there was no evidence to suggest that the Council had "ensured that the Scout Association had explored ways of incorporating the listed building into the new development";

(iv)an imaginative architectural solution involving the retention of the building facade and the possible re-use of existing features ..."should not be beyond the bounds of possibility";

(v)the Council had been precipitant in resolving to grant planning permission prior to the issue of the demolition of the listed building being resolved;

(vi)no evidence was available that the building had been marketed commercially or through the Buildings at Risk Register although the Council had stated that marketing had been unsuccessful.

She was sympathetic to the view that the redevelopment would have led to community benefits and to the difficult situation which the applicants found themselves in. However, the Council had ignored the benefits to the community, both nationally and locally of retaining the beach shelter, and therefore Listed Building Consent for demolition and redevelopment was refused.

It was further recommended that the feasibility of the faithful restoration in situ at the Beach Shelter be explored; that it be placed on the Buildings at Risk Register; and that further discussions take place with the Scout Association concerning the Reporter's remarks about the possible retention and adaptation of the building and about possible alternative sites for their proposals.

The Committee noted accordingly.

V APPEAL DECISION (LAND COMPENSATION (SCOTLAND) ACT 1963) PLOTS 12 AND 14 BALMOSSIE FARM, BROUGHTY FERRY, DUNDEE - PROPOSAL TO

Reference was made to Article III of the minute of meeting of this Committee of 4th December 2001, wherein members resolved to issue negative certificates in respect of both plots of ground indicating precisely the reasons why planning permission would not have been granted for a housing development if the road scheme was not to proceed.

It was reported that the applicants had appealed to Scottish Ministers against these decisions, the appeals determined by written representations and the decisions received by the Council on 14th June 2001.

It was noted that the Reporter considered that any proposals for housing development on both plots would have been unacceptable for a variety of reasons and would have been contrary to relevant policies in the adopted Dundee Local Plan 1998 as specified in the original Director's report to Committee in December 2001, and therefore the appeals had been dismissed.

In addition, the Reporter rejected the Council's claim that expenses be awarded against the appellant.

The Committee noted accordingly.

VI ENFORCEMENT UPDATE QUARTERLY STATEMENT FOR YEAR 2001 APRIL - JUNE

There was submitted a statistical update for the period April to June 2001 advising the Committee of the nature and extent of planning enforcement activity for that period.

The Committee noted the information detailed in the update.

VII CONFIRMATION OF TREE PRESERVATION ORDER NO 1/2001 - NCR KINGSWAY WEST

It was reported that the Council had served a provisional Tree Preservation Order on the abovementioned site, in order to protect 72 trees on the west, south and eastern boundaries of this factory site.

The Committee noted that the Planning and Transportation Committee at its meeting to be held on 27th August, 2001 would be asked to confirm the Tree Preservation Order.

VIII PLANNING APPLICATIONS

(a) 00/25002/D - Land to west of Linlathen House Lodge, Arbroath Road, Dundee DD5 3NE - Formation of Site Access and Associated Road Works for Bett Properties Ltd

It was reported that the above application had been withdrawn by the applicant.

(b)01/25070/D - Edward Street Mill, Edward Street, Dundee DD1 5NS - Conversion of Vacant Mill to form 30 flats and erection of 4 houses for Home in Scotland Ltd

After considering objections and representations received the Committee approved the application subject to the conditions recommended by the Building Quality Manager.

(c)01/01877/DLB - Edward Street Mill, Edward Street, Dundee DD1 5NS - Alterations to Derelict Mill to form 30 flats and 4 houses for Home in Scotland Ltd

The Committee approved the application subject to the conditions recommended by the Building Quality Manager.

(d)01/25072/D - Land to the east of Whale Lane, East Dock Street, Dundee DD1 3JS - Erection of Non-Food Retail Warehouse and Fast Food Drive-Thru Restaurant with associated car parking for Gallacher Developments.

The Committee approved the application subject to the conditions recommended by the Building Quality Manager.

(e)01/01882/DLB: Land to the east of Whale Lane, East Dock Street, Dundee DD1 3JS - Dismantling, relocation and reinstatement with internal and external alterations for Gallacher Developments.

After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.

(f)01/25081/D - Former Robertson Bond, 38-40 Seagate, Dundee DD1 2EJ - Change of use and alteration works to ground floor of existing building to form Licensed Restaurant for Silver Spoon Catering Ltd.

The Committee approved the application subject to the conditions recommended by the Building Quality Manager.

(g)01/25151/D - Asda Stores, Milton of Craigie, Longtown Road, Dundee DD4 8JT - Erection of 1 metre high electrified security fence for Asda Stores.

The Committee agreed to defer consideration of this application in order that the legal implications could be fully considered.

(h)01/25153/D - 3 Middleton Farm Cottage, Duntrune Road, Dundee DD4 0PQ - Extension to house for Mr and Mrs A Banks.

After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.

(i)01/25182/D - Land to south of Explorer Road, Luna Place, Dundee Technology Park, Dundee DD2 1XY - Erection of new Nursery Building (Class 10), associated parking and landscaping for Careshare Group of Nurseries Ltd.

The Committee acceded to requests which had been received for deputations to be heard on behalf of an objector and in support of the application. Once the deputations had stated their cases, they were thanked for their attendance and withdrew.

Thereafter, having considered objections received, the Committee refused the application on the grounds that :-

(i)The proposal contravenes Policy EU15 of the Dundee Local Plan 1998 by virtue of the site being inappropriate for the provision of a children's nursery in such a location within the Technology Park and there are no material considerations that would justify the approval of this application contrary to the Plan.

Councillor Presswood declared an interest in this item and took no part in the discussion therefor.

(j)01/25168/D - Land to west of Mallaig Avenue, Explorer Road, Dundee Technology Park, Dundee DD2 1JW - Outline consent for the erection of child nursery provision for Oranges and Lemons

The Committee approved the application subject to the conditions recommended by the Building Quality Manager.

(k)01/25188/D - 29 Tait's Lane, Dundee DD2 1DZ - Erection of three houses for Select Scotland Ltd.

After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.

(l)01/25244/D - 40 Windsor Street, Dundee DD2 1BT - Single storey extension to rear of house for Miss Veal.

The Committee acceded to a request which had been received for deputations to be heard on behalf of objectors and in support of the application. Once the deputations had stated their cases, they were thanked for their attendance and withdrew.

Thereafter, the Committee having considered objections received, refused the application on the grounds that

(i)the proposed extension would have an adverse affect on the residential amenity of the adjoining proprietor to the north, through overshadowing and a loss of daylight and will, therefore, be contrary to Policies H1 and H4 of the Dundee Local Plan 1998. There are no material considerations that would justify setting aside these policies; and

(ii)the proposed extension will have a bulky appearance, will be out of scale with this row of terraced houses and will be a visual intrusion for this property in a conservation area and will, therefore, be contrary to the Memorandum of Guidance on Listed Buildings and Conservation Areas 1998, Environment Policy 13 of the Tayside Structure Plan 1993 and Policies BE4 and BE11 of the Dundee Local Plan 1997. There are no material considerations that would justify setting aside this guidance and policies.

(m)01/25251/D - 28 Long Lane, Broughty Ferry, Dundee, DD5 1ER - Erection of Single Storey Dwellinghouse for East Coast Renovations Limited

After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.

(n)01/30022/COU - Unit 4, Delta Centre, Gemini Crescent, Dundee Technology Park, Dundee, DD2 1SW - Use of Property as General Class 4 Use for Cheviot Investments Limited

After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.

(o)01/30045/COU - Unit 8, 144 Lawyers Drive, Broughty Ferry, Dundee, DD5 3UP - Change of Use from Vacant Shop to Hot Food Takeway for Bishopcross Investments Limited

After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager and subject to the additional condition that "details of screening along the southern boundary of the car park to the west of this parade of shops, which shall ensure that the lights of cars using the parking area will not shine into the houses to the south, shall be submitted to the Council for approval before any development is commenced. The approved details shall be fully implemented prior to the first use of Unit 8 as a hot food takeaway, in order to protect the residential amenities of the occupiers of the houses to the south of the parking area."

(p)01/30056/FUL - 34 Seaforth Road, Broughty Ferry, Dundee DD5 1QH - Erection of 2 storey extension on west elevation for Mr S G Alimhomed

The Committee acceded to a request which had been received for a deputation to be heard on behalf of objectors to the application. After the deputation had stated its case, it was thanked for its attendance and withdrew.

Thereafter, having considered objections received, the Committee deferred the application to enable the applicant and objector to give further consideration to this matter.

(q)01/30055/FUL - 6 Langholm Gardens, Broughty Ferry, Dundee DD5 1LQ - Erection of domestic garage and conservatory for Mr R Orfali

After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.

(r)01/30066/FUL - 62 Invergowrie Drive, Dundee DD2 1RE - Retrospective consent for erection of timber boundary fence, 1800 mm high to north boundary for Mr and Mrs Nolan

After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.

(s)01/30069/FUL - 50 Claypotts Road, Broughty Ferry, Dundee DD5 1LH - Erection of Fence for Mr W Dargie

After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.

(t)01/30079/FUL - 262 Hilltown, Dundee DD3 7AR - Change of Use from Office to Hot Food Takeaway and Erection of Extractor Duct for Chapstix Takeaway ltd.

Councillor Grant declared an interest in this item and vacated the chair in favour of Councillor Presswood during consideration of this item.

The Committee acceded to a request for a deputation to be heard in support of the application. After the deputation had stated its case it was thanked for its attendance and withdrew.

Thereafter the Committee, after considering objections received, refused the application on the grounds that the proposed hot food takeaway premises are contrary to Policy LT8 (Licensed and Hot Food Premises) as reviewed, of the Dundee Local Plan 1998 as the use will be located directly adjoining residential property. There are no material considerations that justify setting aside the adopted development plan in this instance.

(u)01/30098/FUL - 41-49 Murraygate, Dundee DD1 2EA - Erection of Roof Mounted Condenser Unit for Marks & Spencer plc

After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.

(v)01/30106/FUL - 18 Albany Road, Broughty Ferry, Dundee DD5 1NT - Erection of new dwellinghouse with integrated garage for S C Cumming

After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.

FIONA GRANT, Convener.