Planning Committee (including Former Development Management And Development Quality) - 26/08/2002

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 26th August 2002.

Present:-

COUNCILLORS

Councillor GRANT, Convener, in the Chair.

The minute of meeting of this Committee of 24th June 2002 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPEALS PERFORMANCE 2000/2001 AND 2001/2002

There was submitted Report No 574-2002 by Director of Planning and Transportation advising the Committee of the Council's planning appeals performance for the year.

The Committee agreed to note the contents of the report.

II RESTORATION AND DEVELOPMENT OF BROUGHTY FERRY RAILWAY STATION

There was submitted Report No 565-2002 by Director of Planning and Transportation advising of a request from Railtrack plc to extend the period for compliance with conditions attached to the planning permission and listed building consent in relation to the re-erection of the signal base and overbridge at Broughty Ferry Station, and proposing to reconvene the Broughty Ferry Station Steering Group.

The Committee agreed:-

(a) that Railtrack's request that the two year period specified in Condition 4 of planning permission D24581 issued on 29th June 2000 be extended to a period of two years six months ie until 29th December 2002 be approved;

(b) that Railtrack's request that the two year period specified in Condition 2 of listed building consent DLB/1796 issued on 2nd August 2000 be extended until 29th December 2002 be approved;

(c) that if no scheme had been submitted to the Council by Railtrack plc by 29th December 2002 in accordance with the respective conditions, appropriate enforcement action should take place; and

(d) to remit to the Director of Planning and Transportation to convene an early meeting of the Broughty Ferry Station Steering Group to pursue the business outlined in paragraph 6.10 of the report.

III APPEAL DECISION - 202 BROOK STREET, BROUGHTY FERRY - CHANGE OF USE FROM BEAUTY SALON TO LICENSED RESTAURANT

There was submitted Agenda Note AN181-2002 whereby reference was made to Article V(q) of the minute of meeting of this Committee of 29th October 2001 wherein the above proposal was refused planning permission because the Committee considered that the proposal would be detrimental to residential amenity and road traffic and pedestrian safety.

It was reported 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.

IV APPEAL DECISION - HARESTANE NURSING HOME, 122 HARESTANE ROAD, DUNDEE - ALTERATIONS AND EXTENSION TONURSING HOME TO PROVIDE 14 ADDITIONAL BEDROOMS AND A DAY CARE UNIT WITH

There was submitted Agenda Note AN197-2002 making reference to Article VIII(t) of the minute of meeting of this Committee of 29th April 2002 wherein the above proposals were refused planning permission because the Committee considered that the proposals contravened Policy H1 of the adopted Local Plan (overlooking and overshadowing); and offended the Nature Conservation Subject Local Plan (loss of wildlife in the Dighty area which is part of a wildlife corridor).

It was reported 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 upheld with conditions. It was further noted that the Reporter had awarded the appellants 50% expenses.

V ENFORCEMENT QUARTERLY UPDATE STATEMENT FOR PERIOD APRIL - JUNE 2002

There was submitted Agenda Note AN182-2002 providing a statistical update for the period from April to June 2002 and advising the Committee of the nature and extent of enforcement activity for that period.

The Committee noted the information detailed in the update.

VI PROPOSED AMENDMENT TO SECTION 75 AGREEMENT - REDEVELOPMENT OF FORMER DUNDEE ROYAL INFIRMARY, INFIRMARYBRAE, DUNDEE

There was submitted Agenda Note AN183-2002 advising that planning permission had been granted for the redevelopment of this site on 20th September 2000 subject to conditions and to a Section 75 Agreement which principally controlled the phasing of the development.

It was reported that the developer had sought a variation of the agreement to allow Phase 3 of the redevelopment to be commenced prior to completion of Phases 1 and 2. This would allow work on the northern half of the site, comprising four of the five existing buildings, to be completed more quickly, to provide a finished environment for the new residents. It would also allow a single programme of construction of the roads and the substructures for the new houses which would allow maintenance of a continuous programme of construction of the new build houses at a rate of one unit per week.

In order to continue progress it was further recommended that the variation be subject to a condition which would require submission of a Listed Building application for the redevelopment of the Main Building prior to the commencement of construction of Phase 3 excluding the substructures. It was also considered appropriate that the Council?s reasonable legal fees should be met by the developer.

The Committee agreed that the proposed variation to the Section 75 Agreement to combine Phase 3 with Phases 1 and 2 be approved subject to the above conditions.

VII BUILDING (SCOTLAND) ACT 1959 - SECTION 13 - DANGEROUS BUILDINGS

There was submitted Report No 591-2002 by Director of Planning and Transportation advising members of the action taken in dealing with dangerous buildings during the months of May and June 2002.

The Committee agreed to note the contents of the report.

VIII PLANNING APPLICATIONS

(a) 02-00421-FUL - SITE 4, WILLIAM FITZGERALD WAY - ERECTION OF 95 DETACHED HOUSES FOR BALDRAGON HOMES

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

(b) 02-00318-FUL - land at emmock woods drive - ERECTION OF 30 DWELLINGHOUSES AND ASSOCIATED GARAGES FOR BALDRAGON HOMES LIMITED

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

(c) LAND TO THE WEST OF PITKERRO MILL, KELLAS ROAD, BROUGHTY FERRY - ERECTION OF SIX HOUSES WITH DOUBLE GARAGES FOR BROWN HOMES LIMITED

This item was withdrawn.

(d) land to the west of longcroft road - erection of eight semi detached houses (phase 4b) for Angus housing association

The Committee agreed to defer the above application to allow further discussion with the applicant.

(e) 02-00250-FUL - 4/6 CAMPHILL ROAD, BROUGHTY FERRY - ALTERATIONS AND EXTENSION TO EXISTING DWELLINGHOUSE FOR R FERGUSON

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

(f) 02-00239-FUL - 24 POWRIE PLACE - REPLACEMENT OF EXISTING TIMBER FENCE WITH CONCRETE BLOCKWORK BOUNDARY WALL FOR MR AND MRS P SMITH

The Committee acceded to a request for a deputation to be heard 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, the Committee approved the application.

(g) 02-00244-LBC - DUNCARSE HOUSE, 381 PERTH ROAD - ALTERATIONS TO FORM TWO FLATS (EAST WING) FOR MR D WILSON

After considering objections received, the Committee refused the application on the grounds that the proposed development would have an adverse impact on the character of a Category B listed building by virtue of inappropriate alterations to the existing sun lounge which was contrary to the requirements of Policy BE17 of the Dundee Local Plan 1998 and that there were no material considerations sufficient in weight to support the granting of listed building permission contrary to those policies.

(h) 02-00252-FUL - DUNCARSE HOUSE, 381 PERTH ROAD - SUB-DIVISION OF EAST WING INTO TWO FLATS FOR MR D WILSON

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

(i) the proposed development was contrary to Policy H2 of the Dundee Local Plan 1998 as the level of accommodation proposed for the ground floor flat fell below the requirement for the provision of a minimum of five habitable room and there were no material considerations of sufficient weight to support the granting of consent contrary to that policy;

(ii) the proposed development would have an adverse impact on the character of a Category B listed building by virtue of inappropriate alterations to the existing sun lounge which was contrary to the requirements of Policy BE17 of the Dundee Local Plan 1998, Environment Policy 13 of the Tayside Structure Plan 1993 and the Memorandum of Guidance on Listed Buildings and Conservation Areas 1998 and there were no material considerations of sufficient weight to support the granting of consent contrary to those policies;

(iii) the proposed development was contrary to the Interim Review of Policy H10 of the Dundee Local Plan 1998 by virtue of the provision of additional flats within the suburban area of the city; and

(iv) the proposal would create an undesirable precedent for the further sub-division of the other dwellinghouse within Duncarse to the detriment of the character and integrity of the listed building by virtue of an intensification of a residential use and further undesirable alterations to the property.

(i) 02-00276-FUL - SUB-STATION, OLD CRAIGIE ROAD - ERECTION OF 20M TOWER AND ASSOCIATED TELECOM EQUIPMENT INCLUDING EQUIPMENT CABINS, EXTENSION OF EXISTING COMPOUND INCLUDING FENCE FOR SCOTTISH AND SOUTHERN ENERGY

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

(j) 02-00314-FUL - 34 MONIFIETH ROAD, BROUGHTY FERRY - EXTENSION TO SOUTH ELEVATION AND ALTERATIONS TO DWELLINGHOUSE FOR MR AND MRS S GILLESPIE

The Committee acceded to requests for deputations in support 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, after considering objections received, the Committee refused the application on the grounds that the proposal was contrary to Policy H4 of the Dundee Local Plan 1998 as there would be an unacceptable loss of daylight and overshadowing for neighbouring residents to the east.

(k) 02-00339-COU - 167 BROOK STREET - CHANGE OF USE FROM PUBLIC HOUSE TO LICENSED RESTAURANT WITH TAKEAWAY FACILITIES FOR MR AND MRS LAU

The Committee refused the application on the grounds that the applicants had not demonstrated control of the premises directly adjoining that application site and that the proposed use would not be detrimental to neighbouring residential amenity by virtue of potential noise and odour pollution and as such the proposal was contrary to Policy LT8 (as amended) of the Dundee Local Plan.

(l) 02-00353-COU - 5 ALBERT STREET -CHANGE OF USE FROM VACANT SHOP TO FORM EXTENSION TO LOUNGE BAR FOR MR B BISSELL

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

(m) 02-00354-FUL - 123 PERTH ROAD - RETROSPECTIVE PERMISSION TO FIT TWO EXTERNAL SHUTTER DOORS FOR M GOLDEN

The Committee refused the application on the grounds that:-

(i) the proposal was contrary to Paragraph 1.2.12 of the Memorandum of Guidance on Listed Buildings and Conservation Areas in as much as the proposed shutters were detrimental to the character and appearance of the building and the wider streetscape by virtue of their mass when closed and the materials used in their composition;

(ii) the proposed shutters were contrary to Policy BE11 of the Dundee Local Plan in as much as they did not enhance and complement the character of the surrounding area; and

(iii) the shutters were contrary to Policy BE9 of the Dundee Local Plan in as much as they were externally mounted and had a non-traditional appearance.

(n) 02-00428-FUL - 17 JOHNSTON AVENUE - ERECTION OF CONSERVATORY FOR MRS E DENBY

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

(o) 17 PITCAIRN ROAD - EXTENSION TO NORTH AND WEST ELEVATIONS OF DWELLINGHOUSE FOR MR AND MRS J PIGGOT

This item was withdrawn.

(p) 02-00343-OUT - BLACKNESS NURSERY, PERTH ROAD - OUTLINE PERMISSION FOR FIVE NEW HOUSES AND ASSOCIATED BOUNDARIES, FORMATION OF PRIVATE ROAD AND REMOVAL OF OUTBUILDINGS FOR SELECT HOMES

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

Councillor Presswood declared an interest in this item and took no part in the discussion thereof.

(q) 42A CLAYPOTTS ROAD, BROUGHTY FERRY - ALTERATIONS AND EXTENSION TO HOUSE FOR C & D MORRISON

This item was withdrawn.

(r) 23 - 25 ALBERT STREET - CHANGE OF USE FROM SHOP TO HOT FOOD TAKEAWAY AND ERECTION OF FLUE ON REAR ELEVATION FOR TAVAL ISAQ

The Committee acceded to a request for a deputation to be heard 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 agreed to defer consideration of the application to allow further discussion with the applicant.

(s) 02-00422-FUL - 8 DEANBANK STREET - PROPOSED EXTENSION AND ALTERATIONS TO SOUTH ELEVATION OF HOUSE FOR MR AND MRS P JOHNSTONE

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

(t) 02-00488-FUL - LAND TO THE SOUTH OF BIRKDALE PLACE, ARDLER (PHASE A, DALMAHOY DRIVE) - ERECTION OF 116 DETACHED HOUSES WITH PROVISION FOR OPTIONAL CONSERVATORIES AT THE REAR OF EACH UNIT FOR WIMPEY HOMES EAST SCOTLAND LIMITED

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

(u) 02-00453-COU - 77 HIGH STREET - CHANGE OF USE FROM RETAIL SHOP TO AMUSEMENT CENTRE WITH FIRST FLOOR BEAUTY SALON FOR THE NOBLE ORGANISATION

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

(i) the proposed development contravened Policy S3 and Section (A) of Policy S26 of the adopted Dundee Local Plan 1998 by providing an amusement centre within the retail core frontage of the city centre and there were no material considerations that would justify the approval of this application contrary to the Plan; and

(ii) the proposed development contravened Section (C) of Policy S26 of the adopted Dundee Local Plan 1998 by providing an amusement centre within close proximity of three other amusement centres and there were no material considerations that would justify the approval of this application contrary to the Plan.

(v) 02-00404-FUL - 77 HIGH STREET - INSTALLATION OF NEW SHOP FRONT FOR THE NOBLE ORGANISATION

After considering objections received, the Committee refused the application on the grounds that the proposed shop front was of unsatisfactory design and would detract from the character and appearance of the Category A listed building and the City Centre conservation area and it therefore contravened Policies BE7, BE11 and BE17 of the Local Plan and the statutory duties set out in Sections 59 and 64 of the 1997 Act and there were no material considerations to justify the approval of the development contrary to the Plan.

(w) 02-00497-LBC - INSTALLATION OF NEW SHOP FRONT FOR THE NOBLE ORGANISATION

After considering objections received, the Committee refused the application on the grounds that the proposed shop front was of unsatisfactory design and would detract from the character and appearance of the Category A listed building and the City Centre conservation area and it therefore contravened Policies BE7, BE11 and BE17 of the Local Plan and the statutory duties set out in Sections 59 and 64 of the 1997 Act and there were no material considerations to justify the approval of the development contrary to the Plan.

(x) 02-00294-COU - CHANGE OF USE FROM RETAIL SHOP TO AMUSEMENT ARCADE FOR THE NOBLE ORGANISATION

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

(i) the proposed development contravened Policy S3 and Section (A) of Policy S26 of the adopted Dundee Local Plan 1998 by providing an amusement centre within the retail core frontage of the city centre and there were no material considerations that would justify the approval of this application contrary to the Plan; and

(ii) the proposed development contravened Section (C) of Policy S26 of the adopted Dundee Local Plan 1998 by providing an amusement centre within close proximity of three other amusement centres and there were no material considerations that would justify the approval of this application contrary to the Plan.

FIONA GRANT, Convener.