Planning Committee (including Former Development Management And Development Quality) - 28/01/2002

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 28th January, 2002.

Present:-

COUNCILLORS

Councillor GRANT, Convener, in the Chair.

The minute of meeting of this Committee of 3rd December, 2001 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPEAL DECISIONS

(a) 17A AND 19 NELSON STREET - HOUSES IN MULTIPLE OCCUPATION

Reference was made to Article VII(xiii) of the minute of meeting of this Committee of 4th December, 2000 wherein planning permission was refused for the retrospective change of use at 19 Nelson Street (change of use from dwellinghouse to house in multiple occupancy).

Reference was also made to the serving of Enforcement Notices in respect of the alleged unauthorised changes of use from dwellinghouses to house in multiple occupation at 17A and 19 Nelson Street, under powers delegated to the Director of Planning and Transportation.

The Committee noted that the decision and Notices were subsequently appealed by the applicant under the provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997 and the appeal had been upheld with no conditions.

(b)ARKLAY STREET/TANNADICE STREET - ERECTION OF ADVERTISEMENT HOARDINGS

Reference was made to the decision of the Council on 16th August, 2001, under powers delegated to the Director of Planning in consultation with the Convener, to refuse Advertisement Consent at the above address because the proposed display would be contrary to Policy BE6 of the Dundee Local Plan 1998 (visual impact) and that there were no material considerations which would justify a departure from that policy in this instance.

The Committee noted that the decision was subsequently appealed by the applicant under the provisions of Section 182 of the Town and County Planning (Scotland) Act 1997 and Regulation 21 of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, and the appeal had been dismissed.

(c)DUNALISTAIR GARDENS, BROUGHTY FERRY - ERECTION OF DWELLINGHOUSE

Reference was made to Article III(a) of the minute of meeting of this Committee of 26th March, 2001, wherein the above proposal was refused planning permission on the grounds detailed therein.

The Committee noted that the decision was subsequently appealed by the applicant under the provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997, and the appeal had been dismissed.

II ENFORCEMENT QUARTERLY UPDATE STATEMENT FOR PERIOD OCTOBER - DECEMBER 2001

There was submitted a statistical update for the period from October to December 2001, advising the Committee of the nature and extent of enforcement activity for that period.

The Committee noted the information detailed in the update.

III URBAN DESIGN GUIDE

Reference was made to Article I of the minute of meeting of the Planning and Transportation Committee of 3rd December, 2001, wherein the Committee approved the above mentioned brief and agreed to refer it to this Committee as a material consideration in the determination of future planning applications.

The Committee approved accordingly.

IV ANGUS AND DUNDEE STRUCTURE PLAN

Reference was made to Article I of the minute of meeting of the Planning and Transportation Committee of 17th December, 2001, wherein the Committee agreed to refer the finalised Dundee and Angus Structure Plan to this Committee as a material consideration on the determination of future planning applications.

The Committee approved accordingly.

V PLANNING APPLICATIONS

(a) 01/25262/D - LAND TO THE EAST OF DANIEL STREET - ERECTION OF 15 TOWN HOUSES AND 6 FLATS FOR H & H PROPERTIES

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

(b)UNIT 6, 1 WHITEHALL STREET - CHANGE OF USE TO PUBLIC HOUSE AND ANCILLARY ACCOMMODATION AT BASEMENT, GROUND AND FIRST FLOOR LEVELS AND HOTEL ACCOMMODATION ON SECOND, THIRD AND FOURTH FLOOR LEVELS WITH ALTERATIONS FOR V & A DESIGN

The Committee acceded to a request which had been received for a deputation 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, the Committee agreed to defer consideration of the application in order to obtain further information and clarification from the applicant.

(c)3, 7, 9, 13 AND 15 WHITEHALL STREET - CHANGE OF USE FROM RETAIL TO PUBLIC HOUSE (UNIT 1, ALL FLOORS) AND FROM RETAIL TO CLASS 3 RESTAURANT USE (UNITS 3 AND 4, BASEMENT AND GROUND FLOOR) FOR LONDON AND REGIONAL PROPERTIES

After considering objections received, the Committee deferred consideration of this application.

(d) 01/30259/FUL - LAND TO THE EAST AND WEST OF DRUMLANRIG DRIVE, MID CRAIGIE - PHASE 4 - NEW BUILD HOUSING DEVELOPMENT: 28 SEMI-DETACHED 1 AND 2 STOREY HOUSES FOR ANGUS HOUSING ASSOCIATION

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

(e) 01/30384/FUL - 1 TROTTICK MAINS - ERECTION OF EXTENSION ON WEST ELEVATION FOR MR AND MRS D DOUGAN

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

Councillor Dawson declared an interest in this application and took no part in the discussion thereof.

(f) 01/30252/LBC - 1 TROTTICK MAINS - ERECTION OF EXTENSION ON WEST ELEVATION FOR MR AND MRS D DOUGAN

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

Councillor Dawson declared an interest in this application and took no part in the discussion thereof.

(g) 01/30251/OUT - DARKFALLS, 1 CASTLEROY ROAD, BROUGHTY FERRY - ERECTION OF ONE DWELLINGHOUSE WITHIN GARDEN GROUND AND FORMATION OF NEW VEHICLE ACCESS FOR MR AND MRS M REID

The Committee acceded to a request which had been received for a deputation to be heard on behalf of objectors 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 approved the application subject to the conditions recommended by the Building Quality Manager.

(h) 01/30359/FUL - AREA HEADQUARTERS, SCOTTISH AMBULANCE SERVICE, WEST SCHOOL ROAD - ERECTION OF LATTICE TOWER, 6 ANTENNAE, 2 DISHES, CABIN AND CRASH BARRIERS FOR BT CELLNET LTD

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

(i) 01/30365/FUL - LAND TO THE WEST OF NURSERY, THOMAS WISE PLACE - ERECTION OF NEW CHILDREN'S NURSERY FOR THE TEDDY BEAR CLUB NURSERY

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

Councillor Borthwick declared an interest in this application and took no part in the discussion thereof.

(j) 01/30363/COU - 41 BUTTARS LOAN - CHANGE OF USE FROM SHOP TO HOT-FOOD TAKE AWAY FOR ELIEVIEW LTD

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

(i)The proposed development is contrary to Policy H1 - Existing Residential Areas of the Dundee Local Plan 1998 as the use of the premises as a hot food take away would be likely to have an adverse impact on the environmental quality enjoyed by local residents by reason of lack of parking, increased traffic movements, increased noise from customers, vehicles and ventilation systems and likely increased cooking smells. The proposal is also contrary to another policy in the Local Plan and there are no material considerations of sufficient weight to justify the granting of consent contrary to those policies;

(ii)The proposed development is contrary to Policy LT8 - Licensed and Hot Food Premises of the Dundee Local Plan 1998 as the unit lies within 30 metres of existing housing and there are no material considerations of sufficient weight to support the granting of consent contrary to that policy; and

(iii)The proposed development is contrary to Policy LT8 - Licensed and Hot Food Take Aways (as revised on 29/06/1998) as the unit lies within 30 metres of existing housing and is not within the specific locations where there are some limited relaxations with regard to such premises.

(k) 01/30368/FUL - G/2, 2B MARRYAT TERRACE - FORMATION OF PAVEMENT CROSSING AND PARKING SPACE FOR MR C GRAY

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

(l) 01/30378/COU - 29 ROSEBANK ROAD - CHANGE OF USE FROM WAREHOUSE TO AUTOBODY REPAIRS FOR DRC AUTOBODY REPAIRS

After considering objections received, the Committee refused the application on the grounds that the proposed development for retrospective consent for use of the premises for autobody repairs is contrary to Policy H1 - Existing Residential Areas of the Dundee Local Plan 1998 by reason of the design of the industrial fencing around the site, the parking and traffic problems created in this very narrow street adjacent to schools, the noise from vehicles and operational equipment and the smells from the processes carried out on the site. There are no material considerations of sufficient weight to justify the granting of consent contrary to the terms of the policy.

(m) 01/30387/COU - UNITS 3 TO 6 ANNFIELD ROW - CHANGE OF USE AND ALTERATIONS TO PART OF BAKERY TO FORM HOT FOOD TAKE AWAY FOR CLARK'S BAKERY

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

(n) 01/30399/FUL - UNIT 11, FARADAY STREET, DRYBURGH INDUSTRIAL ESTATE - INSTALLATION OF 20M LATTICE TELECOMMUNICATIONS TOWER AND ANCILLARY EQUIPMENT FOR ORANGE PCS LTD

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

(o)GARDEN LAND AT 69 DUNDEE ROAD, BROUGHTY FERRY - ALTERATIONS TO BOUNDARY WALL TO DUNDEE ROAD, FORMATION OF NEW VEHICULAR ACCESS TO ERECTION OF 4 DWELLINGHOUSES FOR MRS A ANDERSON AND MR C BONAR

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

(p)9 KEMNAY PLACE - EXTENSION TO REAR OF DWELLINGHOUSE FOR MICHAEL HOMES

The Committee acceded to a request which had been received for a deputation 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, the Committee agreed to defer consideration of the application in order to allow the applicant and the objector the opportunity to further discuss the application.

(q) 01/30414/FUL - 35A ALBANY ROAD, BROUGHTY FERRY - ERECTION OF FENCE AND TIMBER DECKING PATIO FOR MRS AND MRS R BENNETT

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

(r) 01/30426/FUL - 85B DUNDEE ROAD, BROUGHTY FERRY - INSTALLATION OF VELUX ROOFLIGHTS FOR MISS F McINTOSH

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

(s) 01/30432/FUL - 40 LAMMERTON TERRACE - EXTENSION ON WEST ELEVATION OF HOUSE FOR MR AND MRS J SHARP

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

(t) 01/30449/FUL - LAND TO THE EAST AND WEST OF WHITFIELD DRIVE - ERECTION OF 43 DWELLINGHOUSES FOR HOME IN SCOTLAND LTD

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

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

In addition, it was remitted to the Planning Authority to take steps to ensure adequate consultation with the local community, in considering the scheme of landscaping and other appropriate matters.

(u) 01/30458/FUL - 83 MONIFIETH ROAD, BROUGHTY FERRY - ERECTION OF CARPORT AND SCREEN FENCING FOR MR AND MRS McGREAVEY

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

FIONA GRANT, Convener.