Planning Committee (including Former Development Management And Development Quality) - 29/10/2001

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 29th October, 2001.

Present:-

COUNCILLORS

Councillor GRANT, Convener, in the Chair.

The minute of meeting of this Committee of 24th September, 2001 was held as read.

Unless marked thus * all items stand delegated.

I REFORM OF THE BUILDING CONTROL SYSTEM IN SCOTLAND

There was submitted Report No 630-2001 by the Director of Planning and Transportation advising the Committee of the above mentioned consultation.

The Committee authorised the Director of Planning and Transportation to respond to the Scottish Executive as detailed in the report.

II NON-STATUTORY PLANNING POLICIES IN RELATION TO TELECOMMUNICATIONS MAST

Reference was made to Article II of the minute of meeting of the Planning and Transportation Committee of 24th September, 2001 wherein it was agreed to refer Report No 526-2001 to the Development Quality Committee as a material consideration in the determination of future planning applications.

The Committee noted the terms of the report.

III WEST MARKETGAIT/LONG WYND BRIEF - CONSULTATIONS

Reference was made to Article VI of the minute of meeting of the Planning and Transportation Committee of 24th September, 2001 wherein it was agreed to refer Report No 541-2001 to the Development Quality Committee as a material consideration in the determination of future planning applications.

The Committee noted the terms of the report.

IV DUNDEE CENTRAL WATERFRONT

Reference was made to Article XIII of the minute of meeting of the Planning and Transportation Committee of 24th September, 2001 wherein it was agreed to refer Report No 602-2001 to the Development Quality Committee as a material consideration in the determination of future planning applications.

The Committee noted the terms of the report.

V PLANNING APPLICATIONS

(a) 01/30110/COU - UNIT 1, AINSLIE STREET, WEST PITKERRO INDUSTRIAL ESTATE - ALTERATIONS TO VACANT INDUSTRIAL UNIT TO FORM NURSERY, OFFICES, CAF AND NEWSPAPER KIOSK FOR CRAZE A LIMITED

After considering objections received, the Committee refused the application on the grounds that:-

(i) the proposed development contravenes Policy SCE4 of the adopted Dundee Local Plan 1998 by reason of the inadequate arrangements for the safe dropping off and collection of children and there are no material considerations that would justify the approval of this application contrary to the Plan; and

(ii) the proposed formation of a layby on Pearce Avenue would be detrimental to traffic safety and the free flow of traffic using this access to the industrial estate.

(b) 01/30254/OUT - LAND TO THE NORTH OF UNITS 2 AND 2A, AINSLIE STREET, WEST PITKERRO INDUSTRIAL ESTATE - OUTLINE CONSENT FOR THE ERECTION OF A CHILDREN'S NURSERY FOR TWINKLE TOES NURSERY

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

(c) 01/25232/D - THE DOGHOUSE, 13 BROWN STREET - CHANGE OF USE FROM DISUSED FIRST FLOOR TO PROVIDE EXTENDED FUNCTION SUITE/RESTAURANT FOR THE PUNCH PUB COMPANY

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

(d) 01/25246/D - 17-21 GARRY TERRACE - 8 BEDROOM SPECIAL CARE EXTENSION TO NURSING HOME FOR TAMARIS (SCOTLAND) PLC

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

(e) 01/30019/OUT - LAND TO NORTH OF JOHNSTON STREET, WARD ROAD - OUTLINE CONSENT FOR FLATTED RESIDENTIAL DEVELOPMENT FOR ARDMUIR LIMITED

After considering objections received, the Committee refused the application on the grounds that the proposed development is contrary to Policy EU20 Central Area Office Sector of the Dundee Local Plan 1998 which has a presumption in favour of office use and against development which would materially affect the office sector: there are no material considerations of sufficient strength to support the granting of consent contrary to that policy.

(f) 01/30134/COU - 9-13 DURA STREET - ALTERATION AND EXTENSION OF EXISTING SHOP UNIT AND CHANGE OF USE FROM FLAT TO SHOP UNIT FOR A RASHID

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

(g) 01/30139/COU - 42 CAMPERDOWN ROAD, BROUGHTY FERRY - CONVERSION OF EXISTING STORAGE BUILDING TO FOUR TERRACED HOUSES

After considering objections received, the Committee refused the application on the grounds that the proposed development contravenes Policy H10 of the Dundee Local Plan 1998 by reason of the size of the units and lack of private garden ground and it is considered that there are no material considerations that would justify the development contrary to the provisions of the plan.

(h) 01/30138/COU - LAND TO THE EAST OF HOLLY HILL, DUNDEE ROAD, BROUGHTY FERRY - CHANGE OF USE FROM FORMER COACH HOUSE AND STABLES TO ONE DWELLINGHOUSE WITH INTEGRATED GARAGE

The Committee acceded to a request which had been received for a deputation to be heard relative to objections to the above application. Once the deputation had stated its case it was thanked for its attendance and withdrew.

Thereafter, after considering objections received, the Committee agreed to defer the application for one month in order to obtain further information.

(i) 01/30146/FUL - 27 CITY ROAD - DEMOLITION OF EXISTING FUEL STATION KIOSK AND CONSTRUCTION OF NEW LARGER SHOP UNIT FOR OSPREY FORECOURTS

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

(j) 01/30148/FUL - LAND TO THE NORTH OF BRAEMAR GARDENS, PLOTS 1 AND 2, ELCHO DRIVE, BROUGHTY FERRY - ERECTION OF TWO DWELLINGHOUSES FOR KINGSMUIR HOMES LIMITED

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

(k) 01/30159/FUL - 6 TENTSMUIR PLACE, BROUGHTY FERRY - ERECTION OF CONSERVATORY FOR MR AND MRS GUILD

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

(l) 01/30180/OUT - 51 RERES ROAD, BROUGHTY FERRY - OUTLINE CONSENT FOR THE ERECTION OF ONE DWELLINGHOUSE FOR F K RIPLEY'S TRUST

After considering objections received, the Committee refused the application on the grounds that:-

(i) the proposed development contravenes Policy BE4 of the adopted Dundee Local Plan 1998 because no details have been submitted to permit an assessment of the impact of the development on the surrounding area and it is considered that there are no material considerations that would justify the approval of the application contrary to the Plan;

(ii) the proposed development would adversely impact on the setting of the Reres Conservation Area by setting a precedent for similar backland development on adjoining plots and leading to the effective suburbanisation of a low density area of housing with the consequent loss of trees and shrubs; and

(iii) the proposed development would adversely impact on the residential amenities enjoyed by the adjoining occupiers contrary to Policy H4 of the Dundee Local Plan 1998 by reason of the loss of privacy.

(m) 01/30222/COU - 1 HERON RISE - HOT FOOD TAKEAWAY TO REPLACE EXCESS SALES AREA IN SHOP (OPERATING TIME RESTRICTED TO 10.00 PM) FOR MR G ANGUS

After considering objections received, the Committee refused the application on the grounds that:-

(i) the proposed development contravenes Policy LT8 of the adopted Dundee Local Plan 1998 because it is within thirty metres of existing dwellings and, in particular, would lead to unacceptable levels of noise and disturbance and there are no material considerations that would justify the approval of the development contrary to the Plan; and

(ii) the proposed development would detract from the residential amenities enjoyed by the adjoining occupiers and protected by Policy H1 of the adopted Dundee Local Plan 1998 by reason of noise and disturbance from customers and vehicles accessing the development, particularly at night time.

(n) 01/30243/FUL - 5 TAYVIEW ROAD, LIFF - ERECTION OF TWO STOREY EXTENSION ON SOUTH ELEVATION OF HOUSE FOR MR AND MRS J ANDERSON

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

(o) 01/30260/FUL - LAND TO THE SOUTH OF 266 BROUGHTY FERRY ROAD - AMENDMENT TO D24480 FOR STANNERGATE PUMPING STATION, STORMWATER STORAGE TANK FOR CATCHMENT TAY LIMITED

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

(p) 01/30265/FUL - 1 CASTLE STREET, BROUGHTY FERRY - INSTALLATION OF REPLACEMENT WINDOWS FOR ISABELLA MUIR

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

(q) 01/30269/COU - 202 BROOK STREET, BROUGHTY FERRY - CHANGE OF USE FROM BEAUTY SALON TO LICENSED RESTAURANT FOR THE LINDSAY GRAY ALLAN BEATON PARTNERSHIP

The Committee acceded to a request which had been received for a deputation to be heard relative to objections to the above application. After the deputation had stated its case it was thanked for its attendance and withdrew.

Thereafter, Councillor Guild, seconded by Councillor Mackie, moved refusal of the application on the grounds:-

(i) the proposal contravenes Policy LT8 of the adopted Dundee Local Plan 1998 in that it would be detrimental to residential amenity and there are no material considerations which would lead to the setting aside of this policy in this instance; and

(ii) the proposal would be detrimental to road traffic and pedestrian safety.

As an amendment, the Convener, seconded by Councillor Presswood, moved approval of the application, subject to the conditions recommended by the Building Quality Manager.

On a division, there voted for the motion - Lord Provost Letford and Councillors de Gernier, Wright, Regan, Sturrock, Barrie, Richard Beattie, Petrie, Guild, Corrigan, Dave Beattie, Bowes, Powrie, Mackie, Wallace, Scott, Macpherson and Borthwick (18); and for the amendment - the Convener and Councillors Shimi and Presswood (3); Councillor Dawson being absent when the vote was taken; whereupon the motion was declared carried.

(r) 01/30275/FUL - 10 INVERARY TERRACE - EXTENSION AND ALTERATION TO HOUSE FOR PAUL CHIMA

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

(s) 01/30290/FUL - 9 LARGO PLACE, BROUGHTY FERRY - EXTENSION ON NORTH ELEVATION OF HOUSE FOR MR AND MRS C MUDIE

The Committee acceded to a request which had been received for a deputation to be heard relative to objections to the above application. After the deputation had stated its case it was thanked for its attendance and withdrew.

Thereafter, the Committee, having considered objections received, agreed to defer the application to allow further discussions to take place between the objectors and the applicant.

FIONA GRANT, Convener.