Planning Committee (including Former Development Management And Development Quality) - 27/05/2002

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 27th May, 2002.

Present:-

COUNCILLORS

Councillor GRANT, Convener, in the Chair.

The minute of meeting of this Committee of 29th April, 2002 was held as read.

Unless marked thus * all items stand delegated.

I IMPROVING BUILDING STANDARDS - PROPOSALS

There was submitted Report No 320-2002 by the Director of Planning and Transportation advising the Committee of proposals for the future of the Building Standards system in Scotland.

The Committee noted the terms of the report and remitted to the Director of Planning and Transportation to advise the Scottish Executive that the Council welcomed the proposals.

II PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN98-2002 advising the Committee of the outcome of the undernoted planning appeals:-

(a) 13-27 UNION PLACE, DUNDEE - FORMATION OF 8 FLATS WITH DORMER WINDOWS

Reference was made to the minute of meeting of this Committee of 24th September, 2001 wherein the above proposal was refused planning permission because the Committee considered the proposals to be contrary to Dundee Local Plan Policies H16 (Developments in Roofspaces and Basements) and BE11 (Design and Developments in Conservation Areas).

It was reported that the decision was 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) 40 WINDSOR STREET, DUNDEE - EXTENSION TO DWELLINGHOUSE

Reference was made to the minute of meeting of this Committee of 27th August, 2001 wherein the above proposal was refused planning permission because it was considered that the proposal was contrary to the development plan in that it would have an adverse effect on the residential amenity of neighbours by virtue of overshadowing and loss of daylight/sunlight (Policies H1 and H4) and for design reasons in relation to the conservation area (Policies BE4 and BE11).

It was reported that the decision was 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.

(c) LAND AT LINLATHEN, BY CLAYPOTTS, DUNDEE - ROADSIDE SERVICES DEVELOPMENT (OUTLINE)

Reference was made to Article II of the minute of meeting of this Committee of 27th August, 2001 wherein the Council's proposed case in relation to this non-determination appeal inquiry was set out in detail.

It was reported that an appeal was made 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.

(d) LAND AT MARCHFIELD ROAD, DUNDEE

(a) Renewal of Outline Planning Permission for three houses.

(b) Renewal of Outline Planning Permission for one house.

(c) Conditions Imposed on Grant of Listed Building Consent.

Reference was made to Article II(a) and (b) of the minute of meeting of this Committee of 26th February, 2001 wherein the proposals for outline planning permission were refused because it was considered that these proposals would increase the vehicular traffic detrimental to traffic and pedestrian safety and thereby be contrary to Policy H1 of the adopted local plan.

Reference was also made to Article II(d) of the minute of meeting of this Committee of the same date wherein listed building consent was granted for the demolition of a boundary wall subject to a phasing condition related to the implementation of the development of land to the north and a condition relating to the submission of materials. The imposition of both conditions were the subject of appeal,

It was reported that these three decisions were appealed by the applicant under the provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997 and Section 18 and Schedule 3 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, and the appeals had been dismissed.

(e) 400-410 PERTH ROAD, DUNDEE - ROOFTOP TELECOMMUNICATIONS DEVELOPMENT

Reference was made to the minute of meeting of this Committee of 3rd December, 2001 wherein the above proposal was refused planning permission because the Committee considered that the development would have an adverse impact on the setting of the Perth Road Terraces Conservation Area contrary to Policies BE1 and BE11 of the Dundee Local Plan and would set an undesirable precedent for similar structures in equally unsuitable locations.

It was reported that the decision was 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, subject to conditions relating to the potential for the sharing of the cabinet facility, material samples and colour of materials, and additional/replacement apparatus, complying with ICNIRP guidelines.

III PLANNING APPLICATIONS

(a) 02-00128-FUL - 51 BEACH CRESCENT, BROUGHTY FERRY - DEMOLITION OF EXISTING BUILDINGS, ERECTION OF 4 TOWNHOUSES AND 9 RESIDENTIAL FLATS FOR CAMPERDOWN CONSTRUCTION

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

Thereafter, after considering objections received, the Committee, on the motion of the Convener, refused the application on the grounds that -

(i) the proposal represents over-development of the site, creating buildings with a scale and massing and a design and finish that detracts from the visual amenity of the Broughty Ferry Conservation Area and the setting of the adjoining listed buildings to the west of the site contrary to Policy BE11 of the Dundee Local Plan 1998;

(ii) the proposed development contravenes Policy H10 of the adopted Dundee Local Plan by reason of the inadequate provision made for outdoor drying facilities, car parking and gardens for the town houses; there are no material considerations that would justify departing from Policy H10 of the Plan; and

(iii) the proposed development contravenes the Council's Review of Policy H10 adopted in August 2001 because it exceeds the total number of flats permissible on this site and there are no exceptional circumstances that would justify departing from this policy review.

(b) 02-00129-CON - 51 BEACH CRESCENT, BROUGHTY FERRY - DEMOLITION OF EXISTING SOCIAL CLUB AND EXISTING DISUSED POTTERY FOR CAMPERDOWN CONSTRUCTION

After considering objections received, the Committee, on the motion of the Convener, refused the application on the grounds that a case for the demolition of these buildings has not been made because an acceptable scheme for the redevelopment of the site has not been put forward and in these circumstances the demolition of these buildings would detract from the visual amenity of the Broughty Ferry Conservation Area.

(c) 01-30377-FUL - BALLINARD HOTEL, 26 CLAYPOTTS ROAD, BROUGHTY FERRY - ERECTION OF 10 DETACHED HOUSES FOR JUSTICE HOMES PLC

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to the 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.

(d) 01-30372-CON - BALLINARD HOTEL, 26 CLAYPOTTS ROAD, BROUGHTY FERRY - DEMOLITION OF BALLINARD HOTEL AND ASSOCIATED OUTBUILDINGS FOR JUSTICE HOMES PLC

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

(e) 01-30507-FUL - THE BUNGALOW, BALMOSSIE FARM, ARBROATH ROAD, BROUGHTY FERRY - PROPOSED GARAGE EXTENSION WITH STUDY ABOVE FOR MR AND MRS D BELL

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, on the motion of Councillor Wallace, seconded by Councillor Mackie, moved approval of the application, subject to the condition that the development hereby permitted shall be commenced within five years from the date of this permission, in order to comply with Section 58 of the Town and Country Planning (Scotland) Act, 1997.

(f) STRATHMORE HOUSE, 296A STRATHMORE AVENUE - CHANGE OF USE FROM RESIDENTIAL HOME FOR THE ELDERLY TO FULLY LICENSED HOTEL WITH MINOR EXTENSION TO SOUTH ELEVATION AND FACADE ENHANCEMENTS FOR PYGMALION PROPERTIES LIMITED

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, having considered objections received, Councillor Sturrock, seconded by the Convener, moved deferral of the application in order to obtain further information.

As an amendment, Councillor Ward, seconded by Councillor Bowes, moved that the application be not deferred.

On a division, there voted for the motion - the Convener, Councillors de Gernier, Wright, Shimi, Presswood, Regan, Sturrock, Glen, Barrie, Richard Beattie, Dawson, Sawers, Petrie, Guild, Corrigan, Dave Beattie, Wallace, Macpherson and Borthwick (19); and for the amendment - Lord Provost Letford and Councillors Ward, Farquhar, Fordyce, Bowes, Powrie, Mackie and Scott (8) ? Councillor Rolfe being absent when the vote was taken - whereupon the motion was declared carried.

(g) 02-00176-FUL - 40 JEDBURGH ROAD, DUNDEE - PROPOSED ROOFSPACE CONVERSION TO FORM TWO BEDROOMS AND BATHROOM FOR MR AND MRS DAVIDSON

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

(h) 02-00215-LBC - DUNDEE BATTALION, 69 VICTORIA STREET - ERECTION OF TELECOMMUNICATIONS ANTENNAE WITH ANCILLARY EQUIPMENT FOR HUTCHISON 3G UK LTD

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

(i) 02-00235-FUL - 51 RERES ROAD, BROUGHTY FERRY, ERECTION OF DORMER EXTENTION AND GARAGE FOR MR R. MCCLELLAN

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

(j) 02-00249-FUL - MIDDLETON FARM, DUNTRUNE ROAD, ERECTION OF DOUBLE GARAGE AND STORE FOR MARK HARRIS

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

(k) 02-00260-COU - 26 EXCHANGE STREET - CHANGE OF USE FROM VACANT SHOP TO RESTAURANT FOR MR L NOTARANGELO

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

(l) 02-00151-COU - BELSIZE HOUSE, BELSIZE ROAD, BROUGHTY FERRY - CHANGE OF USE FROM OFFICES TO CHILDREN'S NURSERY WITH ASSOCIATED OFFICES FOR PELEMAR PROPERTY LTD

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

(m) 02-00208-FUL - LAND TO EAST OF WRIGHT AVENUE - ERECTION OF TELECOMMUNICATIONS EQUIPMENT FOR HUTCHISON 3G UK LTD

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

(n) 01-30233-FUL - SEABRAE MILL, SEABRAE LANE - ELEVATIONAL ALTERATIONS TO BUILDING AND FORMATION OF CARPARK FOR P4 PROPERTY (HOLDINGS) LTD

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

FIONA GRANT, Convener