Planning Committee (including Former Development Management And Development Quality) - 25/02/2002

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 25th February, 2002.

Present:-

COUNCILLORS

Councillor PRESSWOOD, Convener, in the Chair.

The minute of meeting of this Committee of 28th January, 2002 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 01/30304/FUL(a) - 21 Elm Street, Dundee - Retrospective Consent for the Erection of Wooden Decking to Side of Garden

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

Thereafter, on a reference to Article III(o) of the minute of meeting of this Committee of 3rd December, 2001, and after considering objections received, the Convener moved refusal of the application on the grounds that:-

(i) the proposed development contravenes Policy H1 and Policy H4 of the Dundee Local Plan 1998 by virtue of the adverse impact of the proposal on the environmental quality and residential amenities enjoyed by the adjoining occupiers. There are considered to be no material considerations that would justify the approval of this application contrary to the Plan; and

(ii) the development adversely impacts on the setting of the Logie Conservation Area by virtue of inappropriate design and siting and by setting a precedent for similar structures in unsuitable locations leading to a reduction in the visual quality and character of the streetscape within the area all of which are contrary to Policies BE1 and BE11 of the Dundee Local Plan 1998. There are considered to be no material considerations that would justify the approval of the application contrary to the Plan;

but failed to find a seconder, whereupon the motion fell.

Thereafter, on the motion of Councillor Barrie, seconded by Councillor Corrigan, the Committee approved the application, subject to the following conditions:-

(i) that the decking shall be stained green within 2 months of the date of this permission. Details of the colour specification shall be submitted to and approved by the planning authority prior to any staining works being undertaken;

(ii) that the decorative ends of the main balustrading posts shall be removed to a level that is to the satisfaction of the planning authority within one month of the date of this permission;

(iii) that a new hedge shall be planted along the southwest frontage of the decking within 2 months of the date of this permission. Details of the hedge shall be submitted to and approved in writing by the planning authority and shall include the exact location of the hedge, a schedule of plants to include species, plant sizes and proposed numbers and density and a programme for subsequent maintenance. For the avoidance of any doubt, all works shall be carried out in accordance with the scheme approved by the planning authority;

in order that to ensure that the decking is of an appearance that will protect the character and setting of the Logie Conservation Area.

(b) Harestane House, 88 Harestane Road - Alterations and Extension to Existing Nursing Home for Priority Care Ltd

The Committee acceded to a request which had been received for a deputation to address the Committee in respect of objections to the above application. After the deputation had stated its case and answered questions from members of the Committee, it was thanked for its attendance and withdrew.

Thereafter, after considering objections received, the Committee agreed to defer consideration of the application in order to obtain further information.

(c) 01/30403/FUL - 1-3 Bell Street - Erection of 4 Storey and Basement Student Centre for the University of Abertay

The Convener declared an interest in this item, took no part in the discussion thereof, and was replaced in the chair by Councillor Sturrock during the discussion of this item, and items (d) and (e) below.

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

(d) 01/30401/LBC - 1-3 Bell Street - Demolition of and Alterations to Listed Building to provide new Student Centre for University of Abertay

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

(e) 01/30478/CON - 1-3 Bell Street - Demolition of Unlisted Existing Buildings for University of Abertay

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

(f) 01/30405/FUL(a) - 9 Kemnay Place - Extension to Rear of Dwellinghouse for Mr M Holmes

The Committee acceded to requests which had been received for deputations to address the Committee in support of and relative to objections to the above application. After the deputations had stated their cases and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

Thereafter, on a reference to Article V(p) of the minute of meeting of this Committee of 28th January, 2002, and after considering objections received, the Convener, seconded by Councillor Sturrock, moved approval of the application subject to the conditions recommended by the Building Quality Manager. As an amendment, Councillor Corrigan, seconded by Councillor Petrie, moved refusal of the application on the grounds that the proposed extension is contrary to Policy H4 in terms of overshadowing and loss of light from the proposed extension and there are no material considerations which would justify approval of the application.

On a division, there voted for motion - the Convener, Councillors Wright, Ward, Shimi, Sturrock, Glen, Sawers, FitzPatrick, Dave Beattie, Fordyce and Borthwick (11); and for the amendment - Councillors de Gernier, Regan, Barrie, Dawson, Petrie, Guild, Corrigan, Mackie, Wallace, Scott and MacPherson (11) - Councillor Richard Beattie being absent when the vote was taken - whereupon there being a parity of votes, the Convener gave the casting vote in favour of the motion, which was then declared carried.

(g) 01/30450/FUL - 47 Blinshall Street - Change of Use from Vacant Industrial Unit to Form Nightclub and Live Music Venue for Homeless Outernational

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

(h) 01/30471/FUL - 45 Traquair Gardens - Retrospective Consent for the Erection of Porch on South Elevation of House for A Sumonod and J Pearson

After considering objections received, the Committee refused the application on the grounds that the proposed extension is contrary to Policy H4 in terms of the adverse visual impact on the appearance of the house and surrounding area due to poor design.

(i) 01/30473/COU - 159 Perth Road - Change of Use from Existing Retail Unit to Food Shop with Hot Food Takeaway for Mrs S Button

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

(j) 01/30499/FUL - Land to South of Berwick Drive and West Salton Crescent - New Build Housing Development of 32 Units for Angus Housing Association

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

(k) 01/30514/FUL - Land to the South of B & Q Warehouse, South Road - Installation of 15m Slimline Lattice Tower with Ancillary Equipment and Boundary Fencing for Orange PCS Ltd

The Convener, seconded by Councillor FitzPatrick, moved approval of the application subject to the conditions recommended by the Building Quality Manager. As an amendment, Councillor de Gernier, seconded by Councillor Petrie, moved refusal of the application on the grounds that the proposed development is considered contrary to Policy 2 of the non-statutory planning policies of the Council in relation to telecommunications development in that the proposal is considered to be located in close proximity to a residential area.

On a division, there voted for the motion - the Convener, Councillors Ward, Shimi, Barrie, Dawson, Sawers, FitzPatrick, Mackie and Wallace (9); and for the amendment - Councillors de Gernier, Wright, Regan, Sturrock, Glen, Richard Beattie, Petrie, Guild, Corrigan, Dave Beattie, Fordyce, Scott, MacPherson and Borthwick (14); - whereupon the amendment was declared carried.

(l) 02/00010/COU - 1 Claverhouse Old Road - Change of Use from Hard Standing Inside Existing Walls to Beer Garden for Call a Keg Ltd

After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager and the additional condition that the use hereby permitted shall not commence until a scheme for the enhancement of the boundaries of the beer garden has been submitted to and approved by the Council and, once approved, shall be installed prior to the first use of the site as a beer garden and retained at all times while the site is in use as a beer garden, in the interests of the amenity of nearby residents.

(m) 02/00013/COU - 83 Charleston Drive - Change of Use from Existing Paved Area to Form Beer Garden for Albany Inns Ltd

After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager and the additional condition that the use hereby permitted shall cease not later than 31st March, 2003 and any beer garden furniture shall be removed from the site, in order that the City Council may have the opportunity of reviewing the impact of the operation of this development on the amenities of occupants of nearby residential properties.

(n) 02/00011/COU - 60-62 Nethergate - Change of Use from Shop to Indoor Amusement Centre for Slot Leisure Ltd

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

Thereafter, after considering objections received, the Committee, on the motion of Councillor MacPherson, seconded by Councillor Corrigan, refused the application on the grounds that the proposed use of the premises as an amusement centre is contrary to Policy S26 Amusement Arcades, of the Dundee Local Plan 1998 as the site immediately adjoins residential property and is in close proximity to two churches. There are no material considerations of sufficient strength to justify the setting aside of the policy in the adopted local plan.

(o) 02/00032/FUL - 41-49 Murraygate - Installation of Roof Refrigeration Plant Unit for Marks & Spencer plc

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

ROBIN PRESSWOOD, Convener.