Planning Committee (including Former Development Management And Development Quality) - 24/02/2003

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 24th February, 2003.

Present:-

COUNCILLORS

Councillor Fiona GRANT, Convener, in the Chair.

The minute of meeting of this Committee of 27th January, 2003 was held as read.

Unless marked thus * all items stand delegated.

I DEVELOPMENT BRIEF, RIVERSIDE DRIVE, FORMER SAINSBURY HOMEBASE DIY SITE

On a reference to Article I of the minute of meeting of the Planning and Transportation Committee of 27th January, 2003 there was submitted Agenda Note AN105-2003 advising the Committee that it had been agreed to commend the abovementioned Plan to this Committee as a material consideration for development purposes.

The Committee noted accordingly.

II DEVELOPMENT BRIEF, PARKER STREET, DUNDEE

On a reference to Article II of the minute of meeting of the Planning and Transportation Committee of 27th January, 2003 there was submitted Agenda Note AN106-2003 advising the Committee that it had been agreed to commend the Percent for Public Art Policy and Guidelines to this Committee as a material consideration for development purposes.

The Committee noted accordingly.

III FINALISED LOCAL PLAN REVIEW

On a reference to Article V of the minute of meeting of the Planning and Transportation Committee of 27th January, 2003 there was submitted Agenda Note AN107-2003 advising the Committee that it had been agreed to commend the Finalised Local Plan Review to this Committee as a material consideration for development purposes.

The Committee also noted that as a consequence, the undernoted reports which had previously been approved by the Planning and Transportation Committee and subsequently recommended to the Development Quality Committee as material considerations had been superseded:-

"Location and Distribution of Food Superstores"

"Review of Local Plan Policies on Licensed Premises and the Sale of Hot Food"

"Review of Local Plan Petition on Day Nurseries and Private Nursery Schools"

"New Build Housing in Dundee - Interim Review of H10 Guidelines"

IV APPEAL DECISIONS

There was submitted Agenda Note AN108-2003 advising of the undernoted Planning Appeal decisions:-

(a) LAND TO THE EAST OF 1 CLAVERHOUSE OLD ROAD - PROPOSED ERECTION OF TWO DETACHED DWELLINGS

Reference was made to Article II(g) of the minute of meeting of this Committee of 25th March, 2002 wherein the above proposal was refused planning permission because:

(i) the proposal contravened Policy H10 of the adopted Local Plan by reason of inadequacy of the private garden areas; and

(ii) the proposal by reason of design would detract from the setting of the adjoining listed buildings and the character and appearance of the conservation area contrary to Policy BE11 of the adopted Local Plan and the statutory duties of the Council under the provisions of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

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 determined by written representations and the Appeal had been dismissed.

(b) LAND AT STANNERGATE, DUNDEE - ALLEGED UNAUTHORISED DEPOSITORY AND STORAGE OF WASTE MATERIAL

Reference was made to an enforcement notice served on Forth Properties Limited on 13th June, 2002 under powers delegated to the Director of Planning and Transportation relating to the alleged unauthorised depositing and storage of waste material on land at Stannergate Road, Dundee.

It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 130 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997, and the appeal was determined by written representations.

It was noted that the Appeal had been upheld and the enforcement notice quashed.

V BUILDING (SCOTLAND) ACT 1989 - SECTION 13 - DANGEROUS BUILDINGS

There was submitted Report No 121-2003 by the Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during the months of November and December 2002.

The Committee noted the contents of the report.

VI PLANNING APPLICATIONS

(a) 01-25225-D - LAND TO EAST OF DISCOVERY CENTRE, FULTON ROAD, WEST GOURDIE INDUSTRIAL ESTATE - OUTLINE CONSENT FOR THE ERECTION OF 2500 SQ METRES OF CLASS 4 OFFICE AND ANCIILLARY ACCOMMODATION FOR CASTLELAW ESTATES LTD

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

(b) 02-00415-OUT - WELLGATE SHOPPING CENTRE - OUTLINE APPLICATION FOR EXTENSION AND RE-MODELLING OF EXISTING SHOPPING CENTRE TO CREATE 4680 SQ M RETAIL UNIT ADJACENT TO VICTORIA ROAD - FOR BRITEL FUND TRUSTEES LTD

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

(c) WELLGATE SHOPPING CENTRE - OUTLINE APPLICATION FOR EXTENSION AND RE-MODELLING OF EXISTING SHOPPING CENTRE TO CREATE 2530 SQ M OF RETAIL SPACE ABOVE MEADOWSIDE YARD - FOR BRITEL FUND TRUSTEES LTD

This item was withdrawn.

(d) 02-00671-FUL - 2-4 SHAFTESBURY ROAD, DUNDEE - DEMOLITION OF EXISTING BUILDING AND ERECTION OF 7 TOWNHOUSES - FOR EMMOCK HOMES LTD

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

(e) LAND TO THE SOUTH OF 46 COLLINGWOOD STREET, BROUGHTY FERRY - ERECTION OF NEW HOUSE - FOR MR AND MRS K REILLY

This item was deferred to allow further discussion between the applicant and the objectors.

(f) 02-00790-FUL - 312 KING STREET AND 51 BEACH CRESCENT, BROUGHTY FERRY - DEMOLITION OF EXISTING BUILDINGS, ERECTION OF 4 TOWNHOUSES (KING STREET) AND ERECTION OF 8 RESIDENTIAL FLATS (BEACH CRESCENT) - FOR CAMPERDOWN CONSTRUCTION LTD

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

(g) 02-00806-CON - 312 KING STREET AND 51 BEACH CRESCENT, BROUGHTY FERRY - DEMOLITION OF BUILDINGS AT 51 BEACH CRESCENT AND 312 KING STREET, BROUGHTY FERRY - FOR CAMPERDOWN CONSTRUCTION LTD

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

(h) 02-00814-REM - LAND TO THE NORTH OF 1 CASTLEROY ROAD, BROUGHTY FERRY - APPROVAL OF RESERVED MATTERS FROM CONSENT FOR THE ERECTION OF ONE DWELLINGHOUSE WITH NEW VEHICLE ACCESS - FOR B S DESIGN

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 above application.

After they had stated their case and answered questions from the members of the Committee, the deputations were thanked for their attendance and withdrew.

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

(i) 02-00826-FUL - 394 PERTH ROAD, DUNDEE - ERECTION OF 20M HIGH SLIMLINE MONOPOLE WITH 3 ANTENNA AND ASSOCIATED EQUIPMENT CABINETS AND COMPOUND - FOR HUTCHISON 3G

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 case and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

Thereafter, having considered objections received, the Committee refused the application on the grounds that:-

(1) the development adversely impacts on the character and setting of the West End Lanes Conservation Area and the environmental qualities of the local residents by virtue of the inappropriate siting, design, scale and appearance of the proposed ground based mast which is contrary to Policies H1, BE11 and BE31 of the Dundee Local Plan 1998; and

(2) the development adversely impacts on the character and setting of the West End Lanes Conservation Area and the environmental qualities of the local residents by virtue of the inappropriate siting, design, scale and appearance of the proposed ground based mast which is contrary to Policies 1, 61 and 78 of the Finalised Dundee Local Plan Review; Policies 2, 11 and 15 of the Council's Non-Statutory Policies in Relation to Telecommunications and Other Apparatus and the advice contained in both National Planning Policy Guideline 19 and Planning Advice Note 62.

(j) 02-00573-CON - WELL ROAD, DUNDEE - DEMOLITION OF 2 EXISTING BUILDINGS TO ALLOW FOR THE FUTURE EXTENSION OF THE WELLCOME TRUST BUILDING - FOR UNIVERSITY OF DUNEE

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

(k) 02-00855-FUL - MSI/WTB COMPLEX, UNIVERSITY OF DUNDEE, DOW STREET - NEW LABORATORY BUILDING EXTENSION TO EXISTING WELLCOME TRUST BUILDING - FOR UNIVERSITY OF DUNDEE

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

(l) 02-00848-FUL - 10 DUDHOPE TERRACE, DUNDEE - 2 STOREY EXTENSION TO NURSING HOME - FOR CARMICHAEL NURSING HOME

The Committee acceded to a request which had been received for a deputation to address the Committee in support of the above application. After the deputation had stated its case and answered questions from member 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:-

(1) the proposal is contrary to policy H12 of the Dundee Local Plan 1998 by virtue of the fact that the applicants have not demonstrated that adequate parking arrangements can be provided;

(2) the proposed extension is contrary to policies BE1, BE2, BE3, BE4, BE11 and BE17 of the Dundee Local Plan 1998 by virtue of its siting design, external appearance and impact on the conservation area and listed building;

(3) the proposal is contrary to Environmental Resources Policy 6 of the Dundee Angus Structure Plan 2001-2016 in as much as it does not make a positive contribution to the built environment because of its siting, design and external appearance;

(4) the proposal is contrary to paragraphs 12 and 13 of NPPG 18 by virtue of the fact the proposal does not pay special regard to the historic and architectural interest of the listed building and does not preserve or enhance the character and appearance of the conservation area, respectively;

(5) the proposal is contrary to the advice contained in the Memorandum of Guidance on Listed Buildings and Conservation Areas as it does not play a subordinate role in terms of scale, detail, location and materials; it overlays an important elevation of a listed building and it adversely affects the relationship of that building and the adjacent roadway;

(6) the proposal is contrary to policies 10, 15, 55, 60, 61 and 62 of the finalised Dundee Local Plan 2003 by virtue of inadequate parking provision, siting, design and external appearance of the extension, impact on the conservation area and listed building and insufficient justification for the demolition of the building within the curtilage.

(m) 02-00849-LBC - 10 DUDHOPE TERRACE, DUNDEE - 2 STOREY EXTENSION TO NURSING HOME - FOR CARMICHAEL NURSING HOME

The Committee acceded to a request which had been received 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 refused the application on the grounds that:-

(1) the proposal is contrary to paragraphs 12 and 13 of NPPG 18 by virtue of the fact the proposal does not pay special regard to the historic and architectural interest of the listed building and does not preserve or enhance the character and appearance of the conservation area, respectively;

(2) the proposal is contrary to the advice contained in the Memorandum of Guidance on Listed Buildings and Conservation Areas as it does not play a subordinate role in terms of scale, detail, location and materials; it overlays an important elevation of a listed building; it adversely affects the relationship of that building and the adjacent roadway and insufficient justification has been submitted for the demolition of the unlisted building in the curtilage;

(3) the proposed extension is contrary to policies BE1, BE2, BE3, BE4, BE11 and BE17 of the Dundee local plan 1998 by virtue of its siting design, external appearance and impact on the conservation area and listed building;

(4) the proposal is contrary to Environmental Resources Policy 6 of the Dundee Angus Structure Plan 2001-2016 in as much as it does not make a positive contribution to the built environment because of its siting, design and external appearance;

(5) the proposal is contrary to policies 10, 15, 55, 60, 61 and 62 of the finalised Dundee Local Plan 2003 by virtue of inadequate parking provision, siting, design and external appearance of the extension, impact on the conservation area and listed building and insufficient justification for the demolition of the building within the curtilage.

(n) 02-00861-FUL - CLAVERHOUSE TELEPHONE EXCHANGE, LONGHAUGH ROAD - INSTALLATION OF 15M HIGH MONOPOLE ACCOMMODATING 3 TELECOMMUNICATIONS ANTENNAS AND 3 TRANSMISSION DISHES WITH ASSOCIATED ANCILLARY DEVELOPMENT - FOR CROWN CASTLE INTERNATIONAL

The Committee refused the application on the grounds that:-

(1) the proposal is contrary to Policy BE31 due to the failure to present opportunities to mast share. There are no material considerations that would justify approval of the proposal contrary to these policies;

(2) the proposal is contrary to advice in NPPG 19, PAN 62 and Policy 78 of the Dundee Local Plan Review as the proposal does not involve mast sharing and does not fully consider alternative sites. There are no material considerations that would justify approval contrary to this advice.

(o) 02-00894-COU - 1 STRATHMARTINE ROAD - CHANGE OF USE FROM FRUIT AND VEG SHOP INTO TAKEAWAY SANDWICH BAR - FOR MS C SOUTER

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

(p) 02-00887-FUL - LAND TO THE NORTH OF 242 KINGSWAY - ERECTION OF 15M HIGH SLIMLINE TELECOMS MONOPOLE WITH 3 ANTENNA AND 1 MICROWAVE DISH AND ASSOCIATED EQUIPMENT CABINETS - FOR HUTCHISON 3G LTD

The Committee acceded to requests for deputations to address the Committee both in support of and relative to objections to the 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, having considered objections received, the Committee refused the application on the grounds that:-

(1) the proposal is contrary to Policies H1 and BE31 of the Dundee Local Plan 1998 due to the adverse visual impact on the amenity enjoyed by local residents and the failure to present opportunities to mast share. There are no material considerations that would justify approval contrary to these policies;

(2) the proposal is contrary to Policy 1 and supplementary guidance to Policy 78 of the Finalised Dundee Local Plan Review in terms of the visual impact on local residents. There are no material considerations that would justify approval of the application contrary to these policies.

(q) 02-00907-FUL - 27 CLATTOWOODS PLACE - ERECTION OF CONSERVATORY - FOR MISS NAYLOR

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

Fiona GRANT, Convener.