Planning Committee (including Former Development Management And Development Quality) - 30/09/2002

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 30th September 2002.

Present:-

COUNCILLORS

Councillor GRANT, Convener, in the Chair.

The minute of meeting of this Committee of 26th August 2002 was held as read.

Unless marked thus * all items stand delegated.

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

There was submitted and noted Report No. 671-2002 by the Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during the month of July 2002.

II SITE OF FORMER LOGIE CENTRAL SCHOOL - SITE PLANNING BRIEF

There was submitted Agenda Note AN231-2002 making reference to Article IV of the minute of meeting of the Planning and Transportation Committee of 26th August 2002 wherein the Committee approved the abovementioned brief and agreed to refer it to this Committee as a material consideration to the determination of future planning applications.

The Committee approved accordingly.

III PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN232-2002 advising the Committee of the outcome of Planning Appeals in respect of the undernoted:-

(a)9 LARGO PLACE, BROUGHTY FERRY, DUNDEE - EXTENSION TO DWELLINGHOUSE

Reference was made to Article III(e) of 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 proposal would be detrimental to the residential amenity of the occupiers of the neighbouring property by virtue of overshadowing, contrary to Policy H4 of the adopted Dundee Local Plan 1998. The decision was taken contrary to the recommendation of the Director of Planning and Transportation.

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, subject to the conditions that the development be commenced within five years and that notwithstanding the provisions of the permitted Development Order, no windows or additional door openings be installed in the gable walls of the extension without planning permission being sought.

(b) 306 PERTH ROAD, DUNDEE - INSTALLATION OF AUTOMATIC TELLER MACHINE

Reference was made to Article VII(g) 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 proposal would be likely to encourage very short stay parking of vehicles adjacent to the site to the detriment of traffic safety, pedestrian safety and the free flow of vehicles in a location which is subject to periodic traffic congestion. The decision was taken contrary to the recommendation of the Director of Planning and Transportation.

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 and planning permission granted, with the condition that the development should commence within five years in accordance with Section 58(1) of the Act.

(c)60-62 NETHERGATE, DUNDEE - CHANGE OF USE OF SHOP TO INDOOR AMUSEMENT ARCADE

Reference was made to Article I(n) of the minute of meeting of this Committee of 25th February 2002 wherein the above proposal was refused planning permission because the Council considered that the proposal was contrary to Policy 26 (Amusement Arcades) of the Dundee Local Plan 1998 as the site immediately adjoins residential property and is in close proximity to two churches. The decision was taken contrary to the recommendation of the Director of Planning and Transportation.

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 relating to timescale for commencement (five years), hours of operation, types of gaming machines, sound insulation scheme, installation of self-closing doors and window display.

(d) LAND TO NORTH AND WEST OF 105 CHARLESTON DRIVE - CAR SALES YARD

Reference was made to Article VII(c) 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 proposal would adversely impact on the environmental quality of the area and that the proposed new access would lead to further vehicular congestion at a busy section on Charleston Drive to the detriment of 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.

(e)51 BEACH CRESCENT, BROUGHTY FERRY, DUNDEE - CHANGE OF USE FROM SOCIAL CLUB TO PUBLIC HOUSE

Reference was made to Article III(e) of the minute of meeting of this Committee of 3rd December 2001 wherein the above proposal was refused planning permission because the Council considered that the proposal was contrary to Policy EU27 of the adopted Local Plan (presumption in favour of non-residential uses where residential amenity is not disturbed) in that existing residents? amenity would be adversely affected by noise and disturbance particularly at night.

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.

V AMENITY NOTICE APPEAL DECISION - LAND AT 437A KING STREET, BROUGHTY FERRY, DUNDEE

There was submitted Agenda Note AN233-2002 advising the Committee that, under powers delegated to the Director of Planning and Transportation, an Amenity Notice, in terms of Section 179 of the Town and Country Planning (Scotland) Act 1997 had been served on the owner of the land at the junction of King Street and New Road, Broughty Ferry requiring that, within 28 days of the Notice taking effect, certain specified works be undertaken to the building on the site in view of the neglected condition of the land (taken to include the building).

It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 180 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997, and the appeal had been dismissed and the terms of the Amenity Notice been upheld, subject to the building being repainted in either white or grey.

The Committee noted that the required works had been completed prior to the appeal site visit and therefore the Amenity Notice had already been complied with.

VI PROPOSED PLANNING BILL

There was submitted Agenda Note AN234-2002 advising that Iain Ross, Team Leader, Development Quality, had been invited to participate in a Working Party established by the Royal Town Planning Institute in Scotland, to assist the Scottish Executive in the bringing forward of a new Planning Bill.

The Committee approved his attendance, having noted that all expenses were funded by the Royal Town Planning Institute.

VII PLANNING APPLICATIONS

(a)BALTIC WORKS, ANNFIELD ROAD - ERECTION OF TELECOMMUNICATION EQUIPMENT AND ALTERATIONS TO LISTED BUILDING (FORMATION OF COPING) FOR HUTCHISON 35 UK LIMITED

This application was withdrawn.

(b) 02-00315-FUL - LAND TO THE WEST OF LONGCROFT ROAD - ERECTION OF SEVEN SEMI-DETACHED HOUSES - PHASE 4B FOR ANGUS HOUSING ASSOCIATION

The Committee acceded to requests for deputations to address the Committee both in support of and relative to objections to the abovementioned application. After the deputations had stated their case and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

Thereafter, Councillor Petrie, seconded by the Convener, moved deferral of the application to allow further investigation of the Architectural Liaison Officer's comments regarding the footpath between Drumlanrig Drive and Longcroft Road.

As an amendment, Councillor Sawers, seconded by Councillor Rolfe, moved that the application be not deferred.

On a division there voted for the motion - the Convener, Councillors Sturrock, Richard Beattie, FitzPatrick, Scott, Macpherson, Petrie and Borthwick (8); and for the amendment - Lord Provost Letford, Councillors Ward, Presswood, Regan, Farquhar, Rolfe, Barrie, Dawson, Sawers, Guild, Corrigan, David Beattie, Fordyce, Bowes and Wallace (15) - whereupon the amendment was declared carried.

Thereafter Councillor Sawers, seconded by Councillor Rolfe, moved approval of the application subject to the conditions recommended by the Building Quality Manager.

As an amendment, Councillor Petrie, seconded by Councillor Macpherson, moved refusal of the application on the grounds that the proposed layout of the development does not incorporate an appropriately designed direct pedestrian link between Drumlanrig Drive and Longcroft Road, thereby causing inconvenience to local residents wishing to access local facilities.

On a division, there voted for the motion - Lord Provost Letford, Councillors Ward, Presswood, Regan, Farquhar, Sturrock, Rolfe, Barrie, Richard Beattie, Dawson, Sawers, FitzPatrick, Guild, Corrigan, Dave Beattie, Fordyce, Bowes, Wallace, Scott and Borthwick (20); and for the amendment - Councillors Petrie and Macpherson (2); the Convener declining to vote - whereupon the motion was declared carried.

(c) 02-00413-REM - LAND TO THE SOUTHEAST OF MULTI-STOREY CAR PARK, GELLATLY STREET - APPROVAL OF RESERVED MATTERS FOR THE ERECTION OF A RESIDENTIAL DEVELOPMENTS OF 28 FLATS

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 and answered questions from members of the Committee, it was thanked for its attendance and withdrew.

Thereafter, the Committee refused the application on the grounds that:-

(i)the design of the proposed building and, in particular, the detailing at the penthouse flat at the Commercial Street/Dock Street junction and the blandness of the rear elevation was not of a sufficiently high standard for this prominent site within the outstanding City Centre Conservation Area and the development therefore failed to comply with Policy BE11 of the adopted Dundee Local Plan 1998; and

(ii)the privacy and security of the ground floor flats and the usability of the balconies would be substantially compromised by reason of the proximity of balconies and living room windows to public pavements.

(d) 02-00412-COU - 23 TO 25 ALBERT STREET - CHANGE OF USE FROM SHOP TO HOT FOOD TAKEAWAY AND ERECTION OF FLUE ON REAR ELEVATION FOR TAVAL ISHAQ

The Committee acceded to a request for a deputation to address the Committee in support of the 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 considering objections received, the Committee refused the application on the grounds that:-

(i)the proposal was contrary to Policies LT8 and LT9 of the Dundee Local Plan 1998 as the amenity of adjoining residents occupying adjacent flats was likely to be adversely affected by noise and odour and there were no material considerations that would justify approval contrary to the Development Plan; and

(ii)the proposed flue was likely to have an adverse visual impact on appearance of the building.

(e) 02-00483-COU - 23 GRAY STREET, BROUGHTY FERRY - CHANGE OF USE AND EXTENSION TO FIRST FLOOR FLAT TO FORM TEAROOM LINKED TO FISH AND CHIP SHOP FOR THE FIRM OF MURRAYS

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

(f)GARDEN LAND 69 DUNDEE ROAD, BROUGHTY FERRY - ALTERATIONS TO BOUNDARY WALL, FORMATION OF NEW ENTRANCE AND ERECTION OF THREE DWELLINGHOUSES FOR MR A ANDERSON AND MR C BONAR

This item was withdrawn.

(g) 02-00523-FUL - 38 COLDSTREAM DRIVE - RETROSPECTIVE PERMISSION FOR DISMANTLING, MOVING AND RE-ERECTION OF REAR GARDEN FENCE TO EASTERN EDGE OF PROPERTY FOR HEATHER BAXTER BROWN

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

(h) 02-00545-FUL - 23 KING STREET (FLAT 1/1), BROUGHTY FERRY - ERECTION OF MINI SATELLITE DISH AT REAR OF PROPERTY FOR A DELANEY

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

(i) 02-00543-FUL - 34 ALBERT ROAD, BROUGHTY FERRY - ATTIC EXTENSION TO NURSING HOME PROVIDING SIX SINGLE ENSUITE BEDROOMS WITH ANCILLARY ACCOMMODATION FOR GUIDEFIRST CONSULTANTS

The Committee acceded to a request for a deputation to address the Committee in support of the 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 refused the application on the grounds that the proposed extension was of a design that would emphasise and add to the dominance of the existing eastern extension to this building and would thereby detract from the character and appearance of the Grove Conservation Area contrary to Policy BE11 of the adopted Dundee Local Plan 1998 and the statutory duty set out in Section 64 of the Planning (Listed Buildings and Conservation Areas) Act 1997 and there were no material considerations to justify the approval of the development contrary to the Plan.

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

(j) 02-00546-FUL - LAND TO WEST OF LAWERS ROAD, SOUTH OF LAWERS DRIVE, BROUGHTY FERRY - HANDING OF PLOT 2 AND REORIENTATION OF PLOTS 3 AND 4 FROM PREVIOUS APPLICATION FOR STEWART MILNE HOMES

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

(k) 02-00575-FUL - 97-99 CHARLESTON DRIVE - INSTALLATION OF ATM ON SHOPFRONT FOR HBOS PLC

After considering objections received, Councillor Ward, seconded by Councillor Macpherson, moved refusal of the application on the grounds that the proposed development would lead to an increase in parking problems and be detrimental to road traffic and pedestrian safety.

As an amendment, the Convener, seconded by Councillor Presswood, moved approval of the application subject to the conditions recommended by the Building Quality Manager.

On a division, there voted for the motion - Lord Provost Letford, Councillors Ward, Regan, Farquhar, Sturrock, Guild, Dave Beattie, Scott, Macpherson and Borthwick (10); and for the amendment - the Convener, Councillors Presswood, Rolfe, Barrie, Richard Beattie, Dawson, Sawers, Fitzpatrick, Corrigan, Fordyce, Bowes and Wallace (12); Councillor Petrie declining to vote - whereupon the amendment was declared carried.

(l)8 INVERMARK TERRACE, BROUGHTY FERRY - ERECTION OF EXTENSION TO NORTHWEST ELEVATION FOR D KEIR AND P HUNT

This application was withdrawn.

(m) 02-00582-FUL - BOTANIC GARDENS, BURNABY STREET - ERECTION OF SINGLE STOREY KITCHEN TO COFFEE SHOP FOR UNIVERSITY OF DUNDEE

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

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

(n) 02-00594-FUL - 15 KILMARON LOAN, BROUGHTY FERRY - ERECTION OF SUN LOUNGE TO SOUTH EAST ELEVATION FOR MRS R DUNN

The Committee acceded to a request which had been received for a deputation to address the Committee on behalf of objectors to the 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, Councillor Rolfe, seconded by Lord Provost Letford, moved refusal of the application on the grounds that the proposed development would result in an unacceptable loss of visual and residential amenity.

As an amendment, the Convener, seconded by Councillor Ward, moved approval of the application subject to the conditions recommended by the Building Quality Manager.

On a division, there voted for the motion - Lord Provost Letford, Councillors Rolfe, Regan and Scott (4); and for the amendment - the Convener, Councillors Ward, Presswood, Farquhar, Sturrock, Barrie, Richard Beattie, Dawson, Sawers, FitzPatrick, Guild, Corrigan, Dave Beattie, Fordyce, Bowes, Wallace, Macpherson, Petrie and Borthwick (19) - whereupon the amendment was declared carried.

FIONA GRANT, Convener.