Planning Committee (including Former Development Management And Development Quality) - 29/04/2002
At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 29th April 2002.
Present:-
COUNCILLORS
|
Lord Provost John R LETFORD |
Richard BEATTIE |
John CORRIGAN |
|
George de GERNIER |
Joe FITZPATRICK |
Dave BEATTIE |
|
Helen WRIGHT |
Allan PETRIE |
C D P FARQUHAR |
|
Betty WARD |
George REGAN |
Fraser MACPHERSON |
|
Jill SHIMI |
Bruce D MACKIE |
Julia M STURROCK |
|
Neil I C POWRIE |
Roderick A J WALLACE |
Neil GLEN |
|
Ian BORTHWICK |
Kenneth J N GUILD |
Fiona M GRANT |
|
Robin PRESSWOOD |
Derek J SCOTT |
Mervyn J ROLFE |
Councillor GRANT, Convener, in the Chair.
The minute of meeting of this Committee of 25th March 2002 was held as read.
Unless marked thus * all items stand delegated.
I PLANNING APPEAL DECISIONS
There was submitted Agenda Note AN35-2002 advising the Committee of the outcome of the undernoted appeals.
(a)LAND AT KINGS CROSS ROAD, DUNDEE - PROPOSAL FOR A 5-A-SIDE FOOTBALL FACILITY
Reference was made to Article VII(e) of the minute of meeting of this Committee of 24th September 2001 wherein the above proposal was refused planning permission because the Council considered that the proposed development contravened Policy H1 of the adopted Dundee Local Plan 1998 in that the environmental amenities of residents were likely to be adversely affected by noise.
It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 47 and Schedule 4 of the Town & Country Planning (Scotland) Act 1997 and the appeal had been dismissed.
(b)BLEACHFIELD COTTAGES/STABLE BLOCK, PANMUREFIELD ROAD, BROUGHTY FERRY, DUNDEE
Reference was made to Articles II(b) and (e) of the minute of meeting of this Committee of 25 June 2001 wherein planning applications for the above development were granted planning permission subject to the following condition:
Prior to the commencement of the development, full details of the foul water drainage system, which shall be linked to the main public sewer, shall be submitted to and approved by the Council in consultation with North of Scotland Water Authority and Scottish Environmental Protection Agency.
It was reported that the decision of the Council to impose this condition on the applications 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 appeals had been upheld.
II REQUEST FOR DIRECT ACTION - 72 CAMPHILL ROAD, BROUGHTY FERRY, DUNDEE
There was submitted Report No. 226-2002 by the Director of Planning and Transportation seeking the agreement of members to the Director of Planning and Transportation and the Director of Support Services taking appropriate action to seek compliance with an Enforcement Notice in respect of garden ground at 72 Camphill Road, Broughty Ferry, Dundee where the occupier is storing second hand motor vehicles.
The Committee agreed that:-
(a)direct enforcement action be taken under the terms of Section 135 of the Town and Country Planning (Scotland) Act 1997 to allow the Council to enter onto land at 72 Camphill Road, Broughty Ferry, Dundee and take the necessary steps to comply with an Enforcement Notice following the non-compliance of its terms by the landowner and recover from the landowner or lessee any expenses reasonably incurred;
(b)the Director of Planning and Transportation be authorised to enter onto the land concerned and execute the necessary works to seek compliance with the Enforcement Notice; and
(c)delegated authority be given to the Director of Planning and Transportation, in consultation with the Director of Support Services, to execute Direct Action powers should a re-occurrence of this breach of planning control occur.
III REQUEST FOR DIRECT ACTION - 12 MAIN STREET, DUNDEE
There was submitted Report No. 261-2002 by the Director of Planning and Transportation seeking the agreement of members to the Director of Planning and Transportation and the Director of Support Services taking appropriate action to seek the compliance with an Amenity Notice in respect of a vacant piece of land at 12 Main Street, Dundee which has fallen into a stage of neglect.
The Committee agreed to:-
(a)approve action under terms of Section 135 of the Town and Country Planning (Scotland) Act 1997 to allow the Council to enter onto the land at 12 Main Street, Dundee and take the necessary steps to comply with an Amenity Notice following the non-compliance of its terms by the landowner and recover from the landowner or lessee any expenses reasonably incurred; and
(b)authorise the Director of Planning and Transportation to enter onto the land concerned and execute the necessary works to seek compliance with the Amenity Notice.
IV PLANNING ENFORCEMENT ANNUAL REPORT
There was submitted Report No. 271-2002 by Director of Planning and Transportation advising the Committee of the nature and extent of planning enforcement activity for the year April 2001 to March 2002.
The Committee noted the contents of this report and agreed to the addition to the Council's Enforcement Policy Statement as detailed in the report.
V PLANNING APPLICATION
There was submitted Report No. 258-2002 by Director of Planning and Transportation advising the Committee that an appeal against non-determination of the above planning application had been submitted to the Scottish Executive Inquiry Reporters and seeking the Committee's views in order to establish its position on the application in advance of a Public Local Inquiry.
The Committee agreed that the Council participate in the forthcoming Public Local Inquiry into the non-determination of Planning Application 01/30374/COU on the basis that, had it determined the application, it would have refused it for the following reasons:-
(1)it is contrary to Retailing Policies RP1 and RP4A of the Tayside Structure Plan 1993;
(2)it is contrary to Retailing Policies S15, S16 and S20 of the Dundee Local Plan 1998;
(3)it would not be in accordance with the Town Centre and Retailing Policies 2, 3 and 4 of the Dundee and Angus Structure Plan Finalised Written Statement 2002;
(4)it would not be in accordance with the guidance set out in National Planning Policy Guideline 8 Town Centres and Retailing;
(5)insufficient information had been provided by the applicant to demonstrate that the transport impacts of the development are satisfactory; and
(6)insufficient information had been provided by the applicant to demonstrate why the development plan policies should be set aside in this instance.
VI PLANNING APPLICATION
There was submitted Report No. 250-2002 by the Director of Planning and Transportation advising the Committee that an appeal against non-determination of the above planning application had been submitted to the Scottish Executive Inquiry Reporters and seeking the Committee's views in order to establish its position on the application in advance of a Public Local Inquiry.
The Committee agreed that the Council participate in the forthcoming Public Local Inquiry into the non-determination of Planning Application 01/30375/COU on the basis that, had it determined the application, it would have refused it for the following reasons:-
(1)it is contrary to Retailing Policies RP1 and RP7 of the Tayside Structure Plan 1993;
(2)it is contrary to Retailing Policies S14, S15, S16 and S20 of the Dundee Local Plan 1998;
(3)it would not be in accordance with Town Centre and Retailing Policies 2 and 4 of the Dundee and Angus Structure Plan Finalised Written Statement 2002;
(4)it would not be in accordance with the guidance set out in National Planning Policy Guideline 8 Town Centres and Retailing;
(5)insufficient information had been provided by the applicant to demonstrate that the transport impacts of the development are satisfactory; and
(6)insufficient information had been provided by the applicant to demonstrate why the development plan policies should be set aside in this instance.
VII BUILDING (SCOTLAND) ACT 1959 - SECTION 13 DANGEROUS BUILDING
There was submitted Report No. 292-2002 by the Director of Planning and Transportation advising the Committee of action taken in dealing with dangerous buildings during the month of March 2002.
The Committee noted the contents of the report.
VIII PLANNING APPLICATIONS
(a) 02-00152-OUT - LAND TO SOUTH OF BALERNO STREET AND WEST OF BANCHORY ROAD - ERECTION OF A NEW PRIMARY SCHOOL, NURSERY, COMMUNITY FACILITIES WITH ASSOCIATED PLAYING FIELD, EXTERNAL PLAY AREA AND PARKING - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(b) 02-00153-OUT - FORTHILL PRIMARY SCHOOL, FINTRY PLACE, BROUGHTY FERRY - EXTENSION TO PRIMARY SCHOOL WITH ACCOMMODATION FOR EDUCATION AND COMMUNITY USE - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
The Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(c) 02-00154-OUT - BARNHILL PRIMARY SCHOOL, FALKLAND CRESCENT, BROUGHTY FERRY - EXTENSION TO SCHOOL WITH ACCOMMODATION FOR EDUCATIONAL AND COMMUNITY USE AND REPLACEMENT OF EXISTING TEMPORARY NURSERY UNIT - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
The Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(d) 02-00155-OUT - GROVE ACADEMY, 18 CAMPERDOWN STREET, BROUGHTY FERRY - PROVISION OF COMMUNITY SWIMMING POOL AND ADDITIONAL CLASSROOMS AND SPECIALIST EDUCATIONAL ACCOMMODATION - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(e) 02-00156-OUT - KINGSPARK SCHOOL, GILLBURN ROAD - DEMOLTION OF EXISTING SPECIAL EDUCATION NEEDS SCHOOL AND ERECTION OF REPLACEMENT WITH REINSTATEMENT OF PLAYING FIELDS IN AREA OF EXISTING SCHOOL - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
The Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(f) 02-00158-OUT - MACALPINE PRIMARY SCHOOL, ST LEONARD ROAD - DEMOLITION OF EXISTING SCHOOL AND ERECTION OF A 460 PLACE PRIMARY SCHOOL WITH COMMUNITY FACILITIES AND A 90 PLACE NURSERY WITH PLAYING FIELD, EXTERNAL PLAY AREA AND PARKING - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
After considering representations received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(g) 02-00161-OUT - ST JOHN'S HIGH SCHOOL, HAREFIELD ROAD - PROVISION OF COMMUNITY POOL AND ASSOCIATED FACILITIES AND CLASSROOM EXTENSION - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(h) 02-00162-OUT - ST COLUMBA'S SCHOOL, KIRKTON PLACE - DEMOLITION OF EXISTING SCHOOL AND OFFICES AND CONSTRUCTION OF A 690 PLACE PRIMARY SCHOOL WITH 80 PLACE NURSERY AND COMMUNITY FACILITIES - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
After considering representations received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(i) 02-00163-OUT - LAND OF PRIMARY AND NURSERY SCHOOL, PARK PLACE - DEMOLITION OF EXISTING PRIMARY AND NURSERY SCHOOLS AND CONSTRUCTION OF REPLACEMENT 460 PLACE PRIMARY SCHOOL WITH NURSERY FACILITIES - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
After consideration representations received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(j) 02-00164-OUT - LAWSIDE ACADEMY, WEST SCHOOL ROAD - PROVISION OF COMMUNITY GAMES HALL, SWIMMING POOL, CLASSROOM EXTENSION AND ASSOCIATED FACILITIES - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
The Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(k) 02-00165-OUT - LAND TO NORTH OF GLENCONNOR DRIVE, BIRKS TERRACE - CONSTRUCTION OF NEW PRIMARY SCHOOL, NURSERY AND COMMUNITY FACILITIES WITH PLAYING FIELD, EXTERNAL PLAY AREA AND PARKING - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
The Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(l) 02-00166-OUT - FINTRY PRIMARY SCHOOL, FINAVON TERRACE - CONSTRUCTION OF REPLACEMENT PRIMARY SCHOOL WITH COMMUNITY FACILITIES, NEW NURSERY, PLAYING FIELD, EXTERNAL PLAY AREA AND PARKING - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
The Committee approved the application subject to the conditions recommended by the Building Quality Manager.
At this point the Committee agreed to suspend Standing Order 25 in order to conclude the business.
(m) 01-30451-OUT - CAIRD PARK WEST, KINGSWAY - ERECTION OF A 30,000 SEATER FOOTBALL STADIUM WITH ASSOCIATED COACH AND CAR PARKING, LANDSCAPING, REVISED ACCESS ARRANGEMENTS, ANCILLARY OFFICE SPACE AND HOSPITALITY SUITES FOR EACH CLUB, ASSOCIATED COMMUNITY USE AND A CLASS 4 BUSINESS DEVELOPMENT - SCOTTISH ENTERPRISE TAYSIDE
Councillors Rolfe, FitzPatrick and Glen declared an interest in this application and withdrew during its consideration.
The Committee acceded to requests which had been received for deputations to address the Committee both in support of and relative to objections to the application. After the deputations had stated their cases they were thanked for their attendance and withdrew.
Thereafter, after considering objections received, Councillor Richard Beattie, seconded by Councillor Wright moved refusal of the application on the grounds that:
(i)the proposal is contrary to Policy OS1 of the Dundee Local Plan 1998 which identifies the application site as an area of public open space where there is a presumption in favour of its retention for open space purposes. There are no material considerations which would justify this policy being set aside in this case.
(ii)the proposal is contrary to Policy EU26 of the Dundee Local Plan 1998 which specifies criteria for the location of business developments outwith business, industrial, office mixed use and District Centres identified in the local plan for such purposes. There are no material considerations which would justify this policy being set aside in this case.
(iii)the proposals will have an adverse impact on the natural environment and on wildlife in particular, contrary to Policy ENV 5 of the Dundee Local Plan 1998 and Policy WC01 of the Urban Nature Conservation Subject Local Plan 1995 wherein the application site is identified as being located within a designated wildlife corridor. There are no material consideration which would justify this policy being set aside in this case.
(iv)the proposals for vehicular and pedestrian access/egress are not satisfactory in that they would pose a danger to pedestrians and road users and would adversely affect the amenities of adjacent residents as a result of noise impact. There are no material consideration which would justify this policy being set aside in this case.
(v)there are more appropriate alternative sites in the Dundee area which could better accommodate the proposed development in terms of environmental impact, access and pedestrian safety; and
(vi)the proposed development is likely to result in on-street parking within adjacent residential areas to the detriment of highway safety and the amenity of local residents by virtue of noise and general disturbance.
As an amendment, the Convener, seconded by Councillor Mackie moved approval of the application, subject to the conditions recommended by the Building Quality Manager and the additional condition that:
"Prior to the commencement of any aspect of the proposals hereby permitted, an area or areas of new public open space totalling 16 hectares shall have been provided elsewhere in the City of Dundee in accordance with a scheme which shall have been agreed in advance with the Council."
On a division, there voted for the motion - Lord Provost Letford, Councillors Wright, Richard Beattie, Dave Beattie, Powrie, Macpherson and Borthwick (7); and for the amendment - the Convener, Councillors de Gernier, Ward, Shimi, Presswood, Regan, Farquhar, Sturrock, Petrie, Guild, Corrigan, Mackie, Wallace and Scott (14); whereupon the amendment was declared carried.
(n) 01-30475-FUL - 38 NORTH LINDSAY STREET - CONVERSION OF VACANT WAREHOUSE TO A MIXED USE DEVELOPMENT INCLUDING PUBLIC HOUSES, NIGHTCLUB, RESTAURANT AND OFFICES; DEMOLITION OF METAL CLAD WAREHOUSE AND OUTBUILDINGS TO REAR OF SITE AND CONSTRUCTION OF SINGLE STOREY EXTENSION TO REAR - CASTLEVIEW DEVELOPMENTS LIMITED
The Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(o) 01-30476-LBC - 38 NORTH LINDSAY STREET - CONVERSION OF VACANT WAREHOUSE TO A MIXED USE DEVELOPMENT INCLUDING PUBLIC HOUSES, NIGHTCLUB, RESTAURANT AND OFFICES; DEMOLITION OF METAL CLAD WAREHOUSE AND OUTBUILDINGS TO REAR OF SITE AND CONSTRUCTION OF SINGLE STOREY EXTENSION TO REAR - CASTLEVIEW DEVELOPMENTS LIMITED
The Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(p)51 BEACH CRESCENT, BROUGHTY FERRY - DEMOLITION OF EXISTING BUILDINGS AND ERECTION OF FOUR TOWNHOUSES AND NINE RESIDENTIAL FLATS - CAMPERDOWN CONSTRUCTION LIMITED
The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to the applications. 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 this application.
(q)51 BEACH CRESCENT, BROUGHTY FERRY - DEMOLITION OF EXISTING SOCIAL CLUB AND DISUSED POTTERY - CAMPERDOWN CONSTRUCTION LIMITED
After considering objections received, the Committee agreed to defer consideration of this application.
(r) 02-00133-FUL - LAND TO NORTH AND SOUTH, GRAMPIAN GARDENS - erection of 38 one and two storey houses and provision of new play area - abertay housing association
After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(s) 02-00114-COU - 8 NETHERGATE - CHANGE OF USE FROM RETAIL (CLASS 1) TO PUBLIC LICENCE AND ANCILLARY ACCOMMODATION IN BASEMENT, GROUND FLOOR AND FIRST FLOOR AND RESIDENTIAL ON SECOND, THIRD AND FOURTH FLOORS - LONDON AND REGIONAL PROPERTIES
After considering objections received, the Committee, on the motion of Councillor Presswood, seconded by the Convener, refused the application on the grounds that
(i)the provision of public house premises in this location would further detract from the environmental quality enjoyed by local residents and would be contrary to Policy H1 of the Dundee Local Plan 1988 by virtue of increased traffic movement, parking and servicing and an increase in smell, noise and disturbance particularly during evening hours.
(ii)the applicants have failed to demonstrate a clear strategy for the comprehensive re-development of the property which would result in an incremental restoration of the building to the detriment of its architectural character and townscape value to the City Council.
(t)01-30395(A)-FUL - HARESTANE NURSING HOME, 122 HARESTANE ROAD - ALTERATION AND EXTENSION TO EXISTING 50 BED NURSING HOME TO PROVIDE ADDITIONAL 14 BEDROOMS WITH ENSUITE SHOWER ROOMS AND ANCILLARY ACCOMMODATION AND DAY CARE UNIT WITH SWIMMING POOL - PRIORITY CARE NURSING HOME
The Committee acceded to requests which had been received for deputations to address the Committee both in support of and relative to objections to the 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, after considering objections received, Councillor Richard Beattie, seconded by Councillor Dave Beattie, moved refusal of the application on the grounds that:
(i)that the proposed development contravenes policy H1 of the Dundee Local Plan by virtue of overlooking, overshadowing of nearby properties, noise and loss of sunlight particularly in the winter months when sunlight is already limited; and
(ii)the proposed development is contrary to the urban nature conservation subject local plan in that the development would result in loss of wildlife in the Dighty area which is part of the wildlife corridor.
As an amendment, the Convener, seconded by Councillor Presswood, moved approval of the application subject to the conditions recommended by the Building Quality Manager and the additional condition that the applicant give consideration to the provision of additional car parking provision in the future if required.
On a division, there voted for the motion, Councillors de Gernier, Regan, Sturrock, Glen, Richard Beattie, FitzPatrick, Petrie, Guild, Corrigan, Dave Beattie, Mackie, Wallace, Scott and Macpherson (14); and for the amendment - the Convener, Lord Provost Letford, Councillors Wright, Ward, Shimi, Presswood and Borthwick (7); Councillors Farquhar, Rolfe and Powrie being absent when the vote was taken - whereupon the motion was declared carried.
(u)01-30178(A)-COU - 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 FLOORS) - LONDON AND REGIONAL PROPERTIES.
After considering objections received, the Committee, on the motion of Councillor Presswood, seconded by the Convener, refused the application on the grounds that
(i)the provision of public house premises in this location would further detract from the environmental quality enjoyed by local residents and would be contrary to Policy H1 of the Dundee Local Plan 1988 by virtue of increased traffic movement, parking and servicing and an increase in smell, noise and disturbance particularly during evening hours.
(ii)the applicants have failed to demonstrate a clear strategy for the comprehensive re-development of the property which would result in an incremental restoration of the building to the detriment of its architectural character and townscape value to the City Council.
(v) 02-00094-FUL - LAND TO WEST OF LAWERS ROAD AND SOUTH OF LAWERS DRIVE, BROUGHTY FERRY - ERECTION OF 40 DETACHED DWELLINGS WITH ASSOCIATED INFRASTRUCTURE AND SERVICES - STEWART MILNE HOMES
The Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(w) 02-00041-FUL - LAND TO EAST OF CITY ROAD, ROSEBERRY STREET - CHANGE OF HOME TYPES - MR R S BARSA
After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(x) 02-00238-FUL - PITKERRO TRAINING CENTRE, PITKERRO ROAD - PROPOSED NEW SKATEPARK BUILDING WITH ASSOCIATED ANCILLARY ACCOMMODATION AND CAR PARKING - THE FACTORY SKATEPARK
The Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(y) 02-00167-FUL - 10 OLD CRAIGIE ROAD - EXTENSION TO WEST ELEVATION OF DWELLINGHOUSE AND REPLACEMENT OF GARAGE FLAT ROOF WITH PITCHED ROOF - MR P ROMANTSCHUK
After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.
FIONA GRANT, Convener.
There was submitted Report No. 250-2002 by the Director of Planning and Transportation advising the Committee that an appeal against non-determination of the above planning application had been submitted to the Scottish Executive Inquiry Reporters and seeking the Committee's views in order to establish its position on the application in advance of a Public Local Inquiry.
The Committee agreed that the Council participate in the forthcoming Public Local Inquiry into the non-determination of Planning Application 01/30375/COU on the basis that, had it determined the application, it would have refused it for the following reasons:-
(1)it is contrary to Retailing Policies RP1 and RP7 of the Tayside Structure Plan 1993;
(2)it is contrary to Retailing Policies S14, S15, S16 and S20 of the Dundee Local Plan 1998;
(3)it would not be in accordance with Town Centre and Retailing Policies 2 and 4 of the Dundee and Angus Structure Plan Finalised Written Statement 2002;
(4)it would not be in accordance with the guidance set out in National Planning Policy Guideline 8 Town Centres and Retailing;
(5)insufficient information had been provided by the applicant to demonstrate that the transport impacts of the development are satisfactory; and
(6)insufficient information had been provided by the applicant to demonstrate why the development plan policies should be set aside in this instance.
VII BUILDING (SCOTLAND) ACT 1959 - SECTION 13 DANGEROUS BUILDING
There was submitted Report No. 292-2002 by the Director of Planning and Transportation advising the Committee of action taken in dealing with dangerous buildings during the month of March 2002.
The Committee noted the contents of the report.
VIII PLANNING APPLICATIONS
(a) 02-00152-OUT - LAND TO SOUTH OF BALERNO STREET AND WEST OF BANCHORY ROAD - ERECTION OF A NEW PRIMARY SCHOOL, NURSERY, COMMUNITY FACILITIES WITH ASSOCIATED PLAYING FIELD, EXTERNAL PLAY AREA AND PARKING - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(b) 02-00153-OUT - FORTHILL PRIMARY SCHOOL, FINTRY PLACE, BROUGHTY FERRY - EXTENSION TO PRIMARY SCHOOL WITH ACCOMMODATION FOR EDUCATION AND COMMUNITY USE - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
The Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(c) 02-00154-OUT - BARNHILL PRIMARY SCHOOL, FALKLAND CRESCENT, BROUGHTY FERRY - EXTENSION TO SCHOOL WITH ACCOMMODATION FOR EDUCATIONAL AND COMMUNITY USE AND REPLACEMENT OF EXISTING TEMPORARY NURSERY UNIT - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
The Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(d) 02-00155-OUT - GROVE ACADEMY, 18 CAMPERDOWN STREET, BROUGHTY FERRY - PROVISION OF COMMUNITY SWIMMING POOL AND ADDITIONAL CLASSROOMS AND SPECIALIST EDUCATIONAL ACCOMMODATION - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(e) 02-00156-OUT - KINGSPARK SCHOOL, GILLBURN ROAD - DEMOLTION OF EXISTING SPECIAL EDUCATION NEEDS SCHOOL AND ERECTION OF REPLACEMENT WITH REINSTATEMENT OF PLAYING FIELDS IN AREA OF EXISTING SCHOOL - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
The Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(f) 02-00158-OUT - MACALPINE PRIMARY SCHOOL, ST LEONARD ROAD - DEMOLITION OF EXISTING SCHOOL AND ERECTION OF A 460 PLACE PRIMARY SCHOOL WITH COMMUNITY FACILITIES AND A 90 PLACE NURSERY WITH PLAYING FIELD, EXTERNAL PLAY AREA AND PARKING - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
After considering representations received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(g) 02-00161-OUT - ST JOHN'S HIGH SCHOOL, HAREFIELD ROAD - PROVISION OF COMMUNITY POOL AND ASSOCIATED FACILITIES AND CLASSROOM EXTENSION - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(h) 02-00162-OUT - ST COLUMBA'S SCHOOL, KIRKTON PLACE - DEMOLITION OF EXISTING SCHOOL AND OFFICES AND CONSTRUCTION OF A 690 PLACE PRIMARY SCHOOL WITH 80 PLACE NURSERY AND COMMUNITY FACILITIES - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
After considering representations received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(i) 02-00163-OUT - LAND OF PRIMARY AND NURSERY SCHOOL, PARK PLACE - DEMOLITION OF EXISTING PRIMARY AND NURSERY SCHOOLS AND CONSTRUCTION OF REPLACEMENT 460 PLACE PRIMARY SCHOOL WITH NURSERY FACILITIES - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
After consideration representations received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(j) 02-00164-OUT - LAWSIDE ACADEMY, WEST SCHOOL ROAD - PROVISION OF COMMUNITY GAMES HALL, SWIMMING POOL, CLASSROOM EXTENSION AND ASSOCIATED FACILITIES - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
The Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(k) 02-00165-OUT - LAND TO NORTH OF GLENCONNOR DRIVE, BIRKS TERRACE - CONSTRUCTION OF NEW PRIMARY SCHOOL, NURSERY AND COMMUNITY FACILITIES WITH PLAYING FIELD, EXTERNAL PLAY AREA AND PARKING - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
The Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(l) 02-00166-OUT - FINTRY PRIMARY SCHOOL, FINAVON TERRACE - CONSTRUCTION OF REPLACEMENT PRIMARY SCHOOL WITH COMMUNITY FACILITIES, NEW NURSERY, PLAYING FIELD, EXTERNAL PLAY AREA AND PARKING - DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL
The Committee approved the application subject to the conditions recommended by the Building Quality Manager.
At this point the Committee agreed to suspend Standing Order 25 in order to conclude the business.
(m) 01-30451-OUT - CAIRD PARK WEST, KINGSWAY - ERECTION OF A 30,000 SEATER FOOTBALL STADIUM WITH ASSOCIATED COACH AND CAR PARKING, LANDSCAPING, REVISED ACCESS ARRANGEMENTS, ANCILLARY OFFICE SPACE AND HOSPITALITY SUITES FOR EACH CLUB, ASSOCIATED COMMUNITY USE AND A CLASS 4 BUSINESS DEVELOPMENT - SCOTTISH ENTERPRISE TAYSIDE
Councillors Rolfe, FitzPatrick and Glen declared an interest in this application and withdrew during its consideration.
The Committee acceded to requests which had been received for deputations to address the Committee both in support of and relative to objections to the application. After the deputations had stated their cases they were thanked for their attendance and withdrew.
Thereafter, after considering objections received, Councillor Richard Beattie, seconded by Councillor Wright moved refusal of the application on the grounds that:
(i)the proposal is contrary to Policy OS1 of the Dundee Local Plan 1998 which identifies the application site as an area of public open space where there is a presumption in favour of its retention for open space purposes. There are no material considerations which would justify this policy being set aside in this case.
(ii)the proposal is contrary to Policy EU26 of the Dundee Local Plan 1998 which specifies criteria for the location of business developments outwith business, industrial, office mixed use and District Centres identified in the local plan for such purposes. There are no material considerations which would justify this policy being set aside in this case.
(iii)the proposals will have an adverse impact on the natural environment and on wildlife in particular, contrary to Policy ENV 5 of the Dundee Local Plan 1998 and Policy WC01 of the Urban Nature Conservation Subject Local Plan 1995 wherein the application site is identified as being located within a designated wildlife corridor. There are no material consideration which would justify this policy being set aside in this case.
(iv)the proposals for vehicular and pedestrian access/egress are not satisfactory in that they would pose a danger to pedestrians and road users and would adversely affect the amenities of adjacent residents as a result of noise impact. There are no material consideration which would justify this policy being set aside in this case.
(v)there are more appropriate alternative sites in the Dundee area which could better accommodate the proposed development in terms of environmental impact, access and pedestrian safety; and
(vi)the proposed development is likely to result in on-street parking within adjacent residential areas to the detriment of highway safety and the amenity of local residents by virtue of noise and general disturbance.
As an amendment, the Convener, seconded by Councillor Mackie moved approval of the application, subject to the conditions recommended by the Building Quality Manager and the additional condition that:
"Prior to the commencement of any aspect of the proposals hereby permitted, an area or areas of new public open space totalling 16 hectares shall have been provided elsewhere in the City of Dundee in accordance with a scheme which shall have been agreed in advance with the Council."
On a division, there voted for the motion - Lord Provost Letford, Councillors Wright, Richard Beattie, Dave Beattie, Powrie, Macpherson and Borthwick (7); and for the amendment - the Convener, Councillors de Gernier, Ward, Shimi, Presswood, Regan, Farquhar, Sturrock, Petrie, Guild, Corrigan, Mackie, Wallace and Scott (14); whereupon the amendment was declared carried.
(n) 01-30475-FUL - 38 NORTH LINDSAY STREET - CONVERSION OF VACANT WAREHOUSE TO A MIXED USE DEVELOPMENT INCLUDING PUBLIC HOUSES, NIGHTCLUB, RESTAURANT AND OFFICES; DEMOLITION OF METAL CLAD WAREHOUSE AND OUTBUILDINGS TO REAR OF SITE AND CONSTRUCTION OF SINGLE STOREY EXTENSION TO REAR - CASTLEVIEW DEVELOPMENTS LIMITED
The Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(o) 01-30476-LBC - 38 NORTH LINDSAY STREET - CONVERSION OF VACANT WAREHOUSE TO A MIXED USE DEVELOPMENT INCLUDING PUBLIC HOUSES, NIGHTCLUB, RESTAURANT AND OFFICES; DEMOLITION OF METAL CLAD WAREHOUSE AND OUTBUILDINGS TO REAR OF SITE AND CONSTRUCTION OF SINGLE STOREY EXTENSION TO REAR - CASTLEVIEW DEVELOPMENTS LIMITED
The Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(p)51 BEACH CRESCENT, BROUGHTY FERRY - DEMOLITION OF EXISTING BUILDINGS AND ERECTION OF FOUR TOWNHOUSES AND NINE RESIDENTIAL FLATS - CAMPERDOWN CONSTRUCTION LIMITED
The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to the applications. 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 this application.
(q)51 BEACH CRESCENT, BROUGHTY FERRY - DEMOLITION OF EXISTING SOCIAL CLUB AND DISUSED POTTERY - CAMPERDOWN CONSTRUCTION LIMITED
After considering objections received, the Committee agreed to defer consideration of this application.
(r) 02-00133-FUL - LAND TO NORTH AND SOUTH, GRAMPIAN GARDENS - erection of 38 one and two storey houses and provision of new play area - abertay housing association
After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(s) 02-00114-COU - 8 NETHERGATE - CHANGE OF USE FROM RETAIL (CLASS 1) TO PUBLIC LICENCE AND ANCILLARY ACCOMMODATION IN BASEMENT, GROUND FLOOR AND FIRST FLOOR AND RESIDENTIAL ON SECOND, THIRD AND FOURTH FLOORS - LONDON AND REGIONAL PROPERTIES
After considering objections received, the Committee, on the motion of Councillor Presswood, seconded by the Convener, refused the application on the grounds that
(i)the provision of public house premises in this location would further detract from the environmental quality enjoyed by local residents and would be contrary to Policy H1 of the Dundee Local Plan 1988 by virtue of increased traffic movement, parking and servicing and an increase in smell, noise and disturbance particularly during evening hours.
(ii)the applicants have failed to demonstrate a clear strategy for the comprehensive re-development of the property which would result in an incremental restoration of the building to the detriment of its architectural character and townscape value to the City Council.
(t)01-30395(A)-FUL - HARESTANE NURSING HOME, 122 HARESTANE ROAD - ALTERATION AND EXTENSION TO EXISTING 50 BED NURSING HOME TO PROVIDE ADDITIONAL 14 BEDROOMS WITH ENSUITE SHOWER ROOMS AND ANCILLARY ACCOMMODATION AND DAY CARE UNIT WITH SWIMMING POOL - PRIORITY CARE NURSING HOME
The Committee acceded to requests which had been received for deputations to address the Committee both in support of and relative to objections to the 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, after considering objections received, Councillor Richard Beattie, seconded by Councillor Dave Beattie, moved refusal of the application on the grounds that:
(i)that the proposed development contravenes policy H1 of the Dundee Local Plan by virtue of overlooking, overshadowing of nearby properties, noise and loss of sunlight particularly in the winter months when sunlight is already limited; and
(ii)the proposed development is contrary to the urban nature conservation subject local plan in that the development would result in loss of wildlife in the Dighty area which is part of the wildlife corridor.
As an amendment, the Convener, seconded by Councillor Presswood, moved approval of the application subject to the conditions recommended by the Building Quality Manager and the additional condition that the applicant give consideration to the provision of additional car parking provision in the future if required.
On a division, there voted for the motion, Councillors de Gernier, Regan, Sturrock, Glen, Richard Beattie, FitzPatrick, Petrie, Guild, Corrigan, Dave Beattie, Mackie, Wallace, Scott and Macpherson (14); and for the amendment - the Convener, Lord Provost Letford, Councillors Wright, Ward, Shimi, Presswood and Borthwick (7); Councillors Farquhar, Rolfe and Powrie being absent when the vote was taken - whereupon the motion was declared carried.
(u)01-30178(A)-COU - 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 FLOORS) - LONDON AND REGIONAL PROPERTIES.
After considering objections received, the Committee, on the motion of Councillor Presswood, seconded by the Convener, refused the application on the grounds that
(i)the provision of public house premises in this location would further detract from the environmental quality enjoyed by local residents and would be contrary to Policy H1 of the Dundee Local Plan 1988 by virtue of increased traffic movement, parking and servicing and an increase in smell, noise and disturbance particularly during evening hours.
(ii)the applicants have failed to demonstrate a clear strategy for the comprehensive re-development of the property which would result in an incremental restoration of the building to the detriment of its architectural character and townscape value to the City Council.
(v) 02-00094-FUL - LAND TO WEST OF LAWERS ROAD AND SOUTH OF LAWERS DRIVE, BROUGHTY FERRY - ERECTION OF 40 DETACHED DWELLINGS WITH ASSOCIATED INFRASTRUCTURE AND SERVICES - STEWART MILNE HOMES
The Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(w) 02-00041-FUL - LAND TO EAST OF CITY ROAD, ROSEBERRY STREET - CHANGE OF HOME TYPES - MR R S BARSA
After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(x) 02-00238-FUL - PITKERRO TRAINING CENTRE, PITKERRO ROAD - PROPOSED NEW SKATEPARK BUILDING WITH ASSOCIATED ANCILLARY ACCOMMODATION AND CAR PARKING - THE FACTORY SKATEPARK
The Committee approved the application subject to the conditions recommended by the Building Quality Manager.
(y) 02-00167-FUL - 10 OLD CRAIGIE ROAD - EXTENSION TO WEST ELEVATION OF DWELLINGHOUSE AND REPLACEMENT OF GARAGE FLAT ROOF WITH PITCHED ROOF - MR P ROMANTSCHUK
After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.
FIONA GRANT, Convener.