Planning Committee (including Former Development Management And Development Quality) - 03/12/2001

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 3rd December 2001.

Present:-

COUNCILLORS

Councillor GRANT, Convener, in the Chair.

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

Unless marked thus * all items stand delegated.

I ENFORCEMENT UPDATE - QUARTERLY STATEMENT FOR PERIOD JULY TO SEPTEMBER 2001

There was submitted a statistical update for the period July to September 2001 as undernoted:-

Total Number of Complaints received 32

Planning Contravention Notices 2

Breach of Condition Notice 0

Wasteland Notices 1

Enforcement Notices 0

As a result of the above Notices being served six Planning Applications had been submitted.

Works relating to Trees.

Written consent is required from the Planning Authority to carry out works to trees within garden grounds contained in Conservation Areas and Tree Preservation Orders Areas. A total of thirty four enquiries/requests were received.

Two new Tree Preservation Orders were promoted for:

1 Sheill Court, Broughty Ferry

2 Site C, Ninewells Hospital, Dundee.

There are presently three further Tree Preservation Orders being prepared:

1 Seabourne Gardens, Broughty Ferry

2 Chevaliers Pend, Dundee

3 Fort Hill, Broughty Ferry.

The Committee noted accordingly.

II SECTION 13 - THE BUILDING SCOTLAND ACT 1959 DEMOLITION OF LOCK-UP GARAGES AT MAIN STREET, DUNDEE

It was reported that following a spate of fires at the above properties, which are in private ownership, the City Engineer carried out an inspection and was of the opinion that these buildings were in a dangerous condition. Attempts to secure the premises to prevent unauthorised access were unsuccessful and given the rapidly deteriorating condition of the properties, the only solution was to have them demolished.

The City Engineer obtained tenders from four local contractors as follows:

Trojan (Metals) Ltd 3,950.00

Dundee Plant Ltd 4,265.00

Safedem Ltd 4,774.00

Geddes Ltd 6,460.00.

The offer from Trojan (Metals) Ltd for 3,950 was accepted, which, together with allowances of 750 for contingencies and 500.00 for fees, gives an overall project cost of 5,200. In view of the condition of the properties, Trojan (Metals) Ltd were instructed to carry out the works immediately and this was completed on 26th November 2001. All costs associated with carrying out these works will be recovered from the owner in accordance with Section 13(5) of The Building (Scotland) Act 1959.

The Committee noted the above actions.

III PLANNING APPLICATIONS

(a)01/30092/C0U - 34-36 COMMERCIAL STREET - CHANGE OF USE TO FORM THREE FLATS, ALTERATIONS TO PROVIDE NURSERY AND ELEVATIONAL ALTERATIONS INCLUDING NEW SHOP FRONT FOR THE PROVOST AND VESTRY, ST ROQUE'S CATHEDRAL

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

(b)01/30176/REM - LAND TO THE SOUTHEAST OF MULTI-STOREY CAR PARK, GELLATLY STREET - APPROVAL OF RESERVED MATTERS FOR RESIDENTIAL DEVELOPMENT OF TWENTY EIGHT FLATS (D23478) FOR BETT BROTHERS LIMITED

The Committee refused the application on the grounds that:-

(i)the proposed development contravenes the requirements of Policy H10 of the adopted Dundee Local Plan 1998 by reason of the inadequate provision of amenity space and off-street parking for the flats and it is considered that there are no material considerations that would justify the approval of this application contrary to the provisions of the Plan;

(ii)the privacy of the ground floor flats would be substantially compromised by reason of the proximity of living room windows to public pavements and in circumstances where the finished floor level of the flats is similar to that of the pavements; and

(iii)the design of the proposed buildings is not of a sufficiently high standard for this prominent site within the outstanding City Centre Conservation Area and the development therefore fails to comply with Policy BE11 of the adopted Dundee Local Plan 1998.

(c)01/25241/D - LAND TO THE SOUTHEAST OF MULTI-STOREY CAR PARK, GELLATLY STREET - USE OF LAND FOR RESIDENTIAL PURPOSES FOR BETT BROTHERS LIMITED

The Committee refused the application on the grounds that the proposed use of the site for housing would prejudice the Council's proposals for the redevelopment of the Central Waterfront as set out in the adopted Central Waterfront Masterplan 2001/2031.

(d)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 FOR BALMOND LIMITED

On a reference to Article V(h) of the minute of meeting of this Committee of 29th October 2001, and after considering objections received, the Committee approved the application, subject to the conditions recommended by the Building Quality Manager.

(e)01/30184/COU - 51 BEACH CRESCENT, BROUGHTY FERRY - CHANGE OF USE FROM SOCIAL CLUB TO PUBLIC HOUSE FOR CALL-A-KEG LIMITED

After considering objections received, the Committee refused the application on the grounds that the proposed development contravenes Policy EU27 of the adopted Dundee Local Plan 1998 because it would detract from the residential amenities enjoyed by the nearby occupiers by reason of the increase in noise and disturbance, particularly at night time.

(f)01/30185/FUL - 42 VICTORIA ROAD, BROUGHTY FERRY - ERECTION OF A TREE HOUSE IN THE GROUNDS OF A LISTED BUILDING FOR MR AND MRS P MARR

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

(g)01/30198/COU - 127 CLEPINGTON ROAD - CHANGE OF USE FROM SHOP TO HOT FOOD TAKEAWAY FOR MR I TAIT

After considering objections received, Councillor Rolfe, seconded by Councillor Mackie, moved approval of the application, subject to conditions recommended by the Building Quality Manager.

As an amendment, the Convener, seconded by Councillor Farquhar, moved refusal of the application on the grounds that the application is contrary to Policies LT8 and LT9 of the Dundee Local Plan 1998 by virtue of the proximity of the proposed unit to nearby residential properties and the operations of the takeaway and there are no material considerations which would justify the setting aside of these policies.

On a division, there voted for the motion - Councillors Rolfe and Mackie (2); and for the amendment - the Convener and Councillors de Gernier, Ward, Shimi, Presswood, Farquhar, Sturrock, Glen, Barrie, Richard Beattie, Petrie, Guild, Corrigan, Dave Beattie, Fordyce, Bowes, Powrie, Wallace, Scott, Macpherson and Borthwick (21); whereupon the amendment was declared carried.

(h)01/30202/COU - 134-136 VICTORIA ROAD - CHANGE OF USE FROM OFFICE TO EXTENSION TO PUBLIC HOUSE FOR MR J McLAREN

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

(i)01/30230/COU - 26 EXCHANGE STREET - CHANGE OF USE FROM RETAIL UNIT TO CAF/BAR FOR TAYFIELD INVESTMENTS LIMITED

After considering objections received, the Committee refused the application on the grounds that the application is contrary to Policy LT8 of the Dundee Local Plan 1998 by virtue of the proximity of the proposed unit to adjoining and nearby residential properties and potential noise disturbance and there are no material considerations that would justify setting aside the Policy in this instance.

(j)01/30253/FUL - 10 OLD CRAIGIE ROAD - REROOFING OF HOUSE AND DORMER EXTENSION TO WEST OF ELEVATION OF DWELLINGHOUSE FOR MR P ROMANTSCHUK

After considering objections received, the Committee refused the application on the grounds that the proposal is not in accordance with Policy H4 of the Dundee Local Plan 1998 as it would have a detrimental effect on the visual appearance of the house and surrounding area and there are no material considerations for setting aside this Local Plan policy.

(k)01/30271/FUL - 4 PITRODDIE GARDENS - ERECTION OF A CONSERVATORY TO THE EAST ELEVATION OF DWELLINGHOUSE FOR MR AND MRS MILNE

After considering objections received, the Committee refused the application on the grounds that the proposed development contravenes Policy H1 and Policy H4 of the Dundee Local Plan 1998 by virtue of a significant reduction in the sunlight and daylight to the adjoining property to the north and it is considered that there are no material considerations that would justify the approval of the application contrary to the Plan.

(l)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 address the Committee relative to objections to the above application. After the deputation had stated its case, it was thanked for it attendance and withdrew.

Thereafter, on a reference to Article V(s) of the minute of meeting of this Committee of 29th October 2001, and after considering objections received, Councillor Wallace, seconded by Councillor de Gernier, moved refusal of the application on the grounds that the proposed development would be detrimental to the residential amenity of adjoining occupiers by virtue of overshadowing and would therefore be contrary to Policy H4 of the Dundee Local Plan 1998.

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 - Councillors de Gernier, Sturrock , Glen, Rolfe, Barrie, Richard Beattie, Petrie, Corrigan, Dave Beattie, Powrie, Mackie, Wallace, Scott and Macpherson (14); and for the amendment - the Convener and Councillors Ward, Shimi, Presswood, Farquhar, Guild, Fordyce, Bowes and Borthwick (9); whereupon the motion was declared carried.

(m)01/30299/FUL - VACANT LAND BETWEEN 19A AND 21 ST MARY'S ROAD, DUNDEE - ERECTION OF TWO SEMI DETACHED TWO-STOREY HOUSES FOR G & K LIMITED

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

(n)01/30300/FUL - 128 HAWICK DRIVE - ERECTION OF BOUNDARY FENCING FOR MR AND MRS McGONNAGAL

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

(o)01/30304/FUL - 21 ELM STREET - RETROSPECTIVE CONSENT FOR THE ERECTION OF WOODEN DECKING TO SIDE OF GARDEN FOR MS C McKAY

The Committee acceded to a request which had been received to address the Committee in support of the application. After the deputation had stated its case, it was thanked for its attendance and withdrew.

Thereafter, after considering objections received, the Committee agreed to defer consideration of this application to allow further discussion between the applicant and the Planning Officers.

(p)01/30356/FUL - SITE 3, MIDDLETON CRESCENT - ERECTION OF FIFTEEN DWELLINGHOUSES FOR BALDRAGON HOMES

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

(q)01/30303/FUL - 400-410 PERTH ROAD - TELECOMMUNICATIONS DEVELOPMENT COMPRISING THE ERECTION OF THREE 1.7M ANTENNAE OF AT 11.7M AND ONE 0.3 DISH AT 12.1M BEHIND GLASS REINFORCED PLASTIC CHIMNEY AND GROUND LEVEL EQUIPMENT CABINET FOR HUTCHISON 3G

The Committee acceded to requests which had been received for deputations to be heard relative to objections, and in support of, the above application. Once the deputations had stated their case they were thanked for their attendance and withdrew.

Thereafter, after considering objections received, the Committee, on the motion of Councillor Powrie, seconded by the Convener, refused the application on the grounds that the development adversely impacts on the setting of the Perth Road Terraces Conservation Area by virtue of inappropriate design and by setting a precedent for similar structures in unsuitable locations leading to a reduction in the visual quality and character of the area, both of which are contrary to Policies BE1 and BE11 of the Dundee Local Plan 1998.

(r)01/30267/FUL - ST COLUMBA'S RC CHURCH, DERWENT AVENUE - HEIGHTENING OF CHURCH TOWER TO HOUSE TELECOMMUNICATIONS ANTENNAE AND LINK DISHES FOR HUTCHISON 3G

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

FIONA GRANT, Convener.