Planning Committee (including Former Development Management And Development Quality) - 28/10/2002

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 28 October 2002.

Present:-

COUNCILLORS

Councillor GRANT, Convener, in the Chair.

The minute of meeting of this Committee of 30th September 2002 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN255-2002 advising of the undernoted planning appeal decisions:-

(a) LAND TO EAST OF PEEP O'DAY LANE/EAST DOCK STREET - PROPOSED EXTERNALLY ILLUMINATED 96 SHEET ADVERTISING HOARDING (3M X 12M)

Reference was made to the decision of the Council on 23rd April 2002 under powers delegated to the Director of Planning and Transportation, in consultation with the Convener, to refuse Advertisement Consent in respect of the above application because it was considered that the proposal was contrary to the aims of adopted Local Plan Policies BE6 (amenity considerations in relation to advert hoardings) and BE23 (City gateways).

It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 182 of the Town and Country Planning (Scotland) Act 1997 and Regulation 21 of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, and the appeal was upheld, subject to a condition that the rear of the display should be screened from view to the satisfaction of the Council.

(b) 127 CLEPINGTON ROAD - CHANGE OF USE FROM SHOP TO HOT FOOD TAKEAWAY

Reference was made to Article III(g) 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 Policies LT8 and LT9 of the Dundee Local Plan 1998 by virtue of the location of the application site in close proximity to residential property and the likely amenity problems that would result.

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.

(c) 8 NETHERGATE - CHANGE OF USE FROM CLASS 1 RETAIL TO PUBLIC HOUSE - ANCILLARY ACCOMMODATION

Reference was made to Article VIII(S) of the minute of meeting of this Committee of 29th April 2002 wherein the above proposal was refused planning permission because the Committee considered that the proposal would be contrary to Policy H1 of the adopted Local Plan (increased traffic movement, parking, servicing, smell, noise and disturbance during evening hours); and that the applicants had failed to demonstrate a clear strategy for the comprehensive redevelopment of the property.

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 noise attenuation and secure cycle parking and the phasing of the use of the public house relative to the completion of works common to both the public house use and the upper floor residential use.

(d) 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 (UNITS 3 AND 4, BASEMENT AND GROUND FLOORS)

Reference was made to Article VIII(U) of the minute of meeting of this Committee of 29th April 2002 wherein the above proposal was refused planning permission because the Committee considered that the proposal would be contrary to Policy H1 of the adopted Local Plan (increased traffic movement, parking, servicing, smell, noise and disturbance during evening hours); and that the applicants had failed to demonstrate a clear strategy for the comprehensive redevelopment of the property.

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 was upheld with conditions relating to the provision of detail regarding the servicing of the restaurants and noise insulation and attenuation.

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

There was submitted Report No 720-2002 by the Director of Planning and Transportation advising members of the action taken in dealing with dangerous buildings during the month of August 2002.

The Committee noted the contents of the report.

III REQUEST FOR DIRECT ACTION - WEST MARKETGAIT/ST DAVID'S LANE

There was submitted Report No 727-2002 by the Director of Planning and Transportation seeking the agreement of the Committee to the Director of Planning and Transportation and Director of Support Services taking appropriate action to seek compliance with an Enforcement Notice in respect of an open piece of land at West Marketgait at its junction with St David's Lane which was presently being used as a public car park.

The Committee agreed to:-

(i) approve direct enforcement action under the terms of Section 135 o the Town and Country Planning (Scotland) Act 1997 to allow the Council to enter onto the land subject of the Enforcement Notice and/or take the necessary steps to enforce compliance with the Enforcement Notice, following the non-compliance with its terms by the landowner and lessee and recover from the landowner or lessee any expenses reasonably incurred; and

(ii) authorise the Director of Planning an Transportation to enter onto the land concerned and execute the necessary works in compliance with the Enforcement Notice.

IV PLANNING APPLICATIONS

(a) 02-00368-COU - UNITS 3 AND 4, WHITEHALL STREET - CHANGE OF USE FROM RETAIL TO RESTAURANT WITH ELEVATIONAL ALTERATIONS FOR FIRST MANAGEMENT (GB) LIMITED

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

(b) 02-00389-COU - 8 NETHERGATE - CHANGE OF USE FROM RETAIL (CLASS 1) TO PUBLIC HOUSE AND ANCILLARY ACCOMMODATION FOR BASEMENT, GROUND FLOOR AND FIRST FLOOR, AND OFFICE ACCOMMODATION ON SECOND, THIRD AND FOURTH FLOOR FOR LONDON AND RGIONAL PROPERTIES

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

(c) 02-00485-OUT - 1 TO 19 VICTORIA STREET AND 2 TO 22 ALBERT STREET - OUTLINE APPLICATION FOR AMENITY HOUSING FOR THE ELDERLY WITH COMMERCIAL ON GROUND FLOOR FOR SERVITE HOUSING ASSOCIATION

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

(d) 02-00491-FUL - LAND TO THE SOUTH OF WADE STREET, NOBEL ROAD, WEST GOURDIE INDUSTRIAL ESTATE - ERECTION OF 20M TELECOM MAST WITH THREE ANTENNA AND THREE DISHES AND ASSOCIATED EQUIPMENT CABINETS AND COMPOUND FOR HUTCHISON 3G

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

(e) 02-00628-FUL - NORTH BALMOSSIE FIRE STATION, NORTH BALMOSSIE STREET, BROUGHTY FERRY - PROPOSED EXTENSION TO FIRE STATION TO PROVIDE FITNESS ROOM FOR TAYSIDE FIRE BRIGADE

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

(f) 02-00633-FUL - 10 CLINTON TERRACE, BROUGHTY FERRY - PROPOSED EXTENSION TO KITCHEN FOR MR AND MRS REILLY

After considering objections received, the Committee approved the application, subject to the conditions recommended by the Building Quality Manager, together with the additional conditions that

(i) the house as extended shall be occupied as a single dwelling only by members of the same family and shall not be subdivided or occupied as separate dwellings;

(ii) notwithstanding the provisions of Classes 1-5 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 as amended, the dwelling as extended shall not be further extended or altered nor outbuildings constructed within its curtilage without the prior written consent of the Council;

as the site is incapable of providing satisfactory off street parking facilities and a satisfactory level of private garden ground for two separate dwellings and as a substantial amount of development has taken place within the curtilage of this dwelling and it is considered that further development without the prior written consent of the Council would result in overdevelopment of the plot and would adversely impact on the amenities of neighbours.

(g) 02-00667-FUL - MIDDLETON FARM - EXTENSION TO HOUSE TO FORM SUN LOUNGE FOR M HARRIS

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

(h) 02-00673-FUL - 20 CAMPERDOWN ROAD - ERECTION OF TWO NEW GARDEN WALLS AND HEIGHTENING OF EXISTING GARDEN WALL FOR MR AND MRS D BREEN

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

FIONA GRANT, Convener.