Planning Committee (including Former Development Management And Development Quality) - 31/03/2003

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 31st March 2003.

 

Present:-

 

COUNCILLORS

 

George de GERNIER

Allan PETRIE

Fraser MACPHERSON

Helen WRIGHT

George REGAN

Jim BARRIE

Betty WARD

Bruce D MACKIE

Julia M STURROCK

Jill SHIMI

Roderick A J WALLACE

Neil GLEN

Ian BORTHWICK

Kenneth J N GUILD

Elizabeth F FORDYCE

Robin PRESSWOOD

Derek J SCOTT

Fiona M GRANT

Andrew DAWSON

John CORRIGAN

David BOWES

Willie W SAWERS

Dave BEATTIE

Mervyn J ROLFE

 

C D P FARQUHAR

 

 

 

Councillor Fiona GRANT, Convener, in the Chair.

 

The minute of meeting of this Committee of 10th March 2003 was held as read.

 

Unless marked thus * all items stand delegated.

 

I APPEAL DECISIONS

 

There was submitted Agenda Note AN166-2003 relative to the undernoted appeal decisions:-

 

(a)EXTENSION OF BETTING SHOP (CLASS 11) AT OLD POLICE STATION, FINTRY ROAD

 

Reference was made to Article V of the minute of meeting of the Development Quality Committee of 27th January 2003 wherein it was remitted to the Director of Support Services to draw the statements made in the Reporter's findings to the Scottish Executive Inquiry Reporters Unit seeking an explanation for the inclusion in his report of remarks concerning the Council's alleged attitude to the potential use of CPO powers.

 

The Committee noted the terms of the reply from the Scottish Executive Inquiry Reporters Unit.

 

(b)CHANGE OF USE OF HOME IMPROVEMENTS AND GARDEN CENTRE TO SUPERMARKET AT FORMER B&Q WAREHOUSE UNIT, SOUTH ROAD, DUNDEE

 

Reference was made to the planning application lodged in October 2001 for the above development which sought to create a supermarket on the site of the former B&Q home improvement and garden centre. It was reported that an appeal had been lodged under the provisions of Section 47(2) of the Town and Country Planning (Scotland) Act 1997 against the failure of the Council to make a decision within the period prescribed in the Act, and that the appeal had been upheld and planning permission granted subject to a range of conditions which included reference to maximum gross floorspace, range of goods restrictions, prevention of subdivision, details of the proposed extension to the property, access and off-site junction alignment improvements.

 

The Committee noted that during the progress of the Finalised Dundee Local Plan 2003 towards adoption the retailing strategy in the light of this decision may require to be reappraised.

 

II TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1967 - DETERMINATION OF APPEALS - USECLASSES ORDER: CLASS 2

 

There was submitted Agenda Note AN167-2003 whereby reference was made to Article IV(b) and IV(c) of the minute of meeting of the Development Quality Committee of 30th September, 2002 where it was noted that planning appeal decisions had been upheld, and that arising therefrom, the Director of Planning and Transportation was remitted to write to the Scottish Executive on behalf of the Committee expressing the Council's concerns about applicants' rights of appeal against planning decisions and the terms of the Use Classes Order. It was noted that a reply had been received from the Scottish Executive, and concern was expressed by members regarding the Scottish Executive's interpretation of this Council's understanding of this issue. Members agreed that it be remitted to the Director of Support Services to progress this matter further.

 

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

 

There was submitted Report No 172-2003 by the Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during the month of January 2003.

 

The Committee noted the contents of the report.

 

IV PLANNING APPLICATIONS

 

(a) 02-00388-COU - Land east of Brown Street, south of Guthrie Street and west of West Marketgait - Change of use of land and existing buildings to hotel and ancillary accommodation, car parking, theme restaurant/bars and leisure uses for Marketgait Developments Ltd

 

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

 

(b) 02-00689-FUL - Land to south of 46 Collingwood Street, Broughty Ferry - Erection of new house for Mr and Mrs K Reilly

 

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

 

(c) 02-00732-ADV - 3 to 7 Erskine Lane, Broughty Ferry - Erection of Banners for Saleem Mohamid

 

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 approved the application subject to the condition that the advertisement banners be removed no later than 31 March 2006 and the frontage which was the subject of this permission be left in a clean and tidy condition, in order that the Council have the opportunity to review the condition and visual impact of the advertisement banners on the property and surrounding area in light of the temporary nature and materials used for the banners.

 

(d) 03-00032-ADV - 3 to 7 Erskine Lane, Broughty Ferry - Installation of signage for Saleem Mohamid

 

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 proposal is contrary to Policy BE6 of the Dundee Local Plan 1998 due to the adverse visual impact on the building and surrounding area and an unacceptable precedent could be set for the erection of similar high level advertisements at prominent locations in the locality. There are no material considerations that would justify the granting of advertisement consent contrary to the development plan; and (ii) the proposal is contrary to Policy 63 of the Finalised Dundee Local Plan Review due to the adverse visual impact on the property, neighbouring properties and surrounding area. There are no material considerations that would justify the granting of advertisement consent in these circumstances.

 

(e) 03-00026-FUL - Mayfield, 169 Arbroath Road - Residential development of 63 four bedroom double storey detached dwellinghouses with integral double garages for Scotia Developments Ltd

 

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

 

(f) 03-00029-OUT - Land to the south west of Kirk Street and south of Herons Lane - Erection of swimming pool for Blackscroft Property Company

 

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

 

(g) 03-00047-COU - Block 1A, Unit 8, Dunsinane Avenue - Change of use from forecourt to car wash for R Petrie

 

After considering objections received, the Committee refused the application on the grounds that (i) the proposed development is contrary to Policy EU2 Prime Industrial Estates in the Dundee Local Plan 1998 as the use of the site as a car wash is not an acceptable use for this site within Dunsinane Industrial Estate and there are no material considerations of sufficient strength to support the granting of planning permission contrary to that policy; (ii) the proposed development is contrary to Policy EU3 The Kingsway West Corridor in the Dundee Local Plan 1998 as the policy is for the redevelopment of poor quality buildings within the industrial estate and the proposed investment in the site is likely to prejudice the implementation of regeneration proposals and there are no material considerations of sufficient strength to support the granting of planning permission contrary to that policy; (iii) the proposed development is contrary to Policy 25 Dunsinane Revitalisation in the Finalised Dundee Local Plan Review as the site lies within an area identified for regeneration for a higher value economic use and the investment proposed in the site is likely to prejudice the achievement of that objective; and (iv) the use of the site for a car wash is unacceptable as the site has insufficient space to accommodate queuing traffic which has to park on adjacent roads. This arrangement is not in the interests of road safety within the context of the traffic circulation of the surrounding industrial estate.

 

(h) 03-00050-FUL - 2 Millers Wynd - Subdivision of flat to form two flats for Westport Ltd

 

After considering objections received, the Committee refused the application on the grounds that (i) the proposal is contrary to policies H1, H10, MV18 and BE11 of the Dundee Local Plan 1998 because insufficient amenity space and parking spaces are proposed and the proposed dormers would add incongruous elements to a unified roofspace to the detriment of the character and appearance of the Conservation Area; (ii) that the proposal is contrary to policies 4; 13; 61 and 88 of the Finalised Local Plan Review in as much as insufficient amenity space, parking spaces and floorspace have been provided and the proposed dormer windows would be detrimental to the character and appearance of the Conservation Area; (iii) the proposal is contrary to the terms of NPPG 18 in as much as it would be detrimental to the character and appearance of the Conservation Area by virtue of the addition of the dormer windows into unaltered areas of unified roofspace; and (iv) that the proposal would be contrary to paragraph 1.6.4 of the Memorandum of Guidance on Listed Buildings and Conservation Area because it is proposed to add dormer windows into an area of roofspace where there has never been any previously.

(i) 03-00055-COU - Land to north of Block E, Mid Craigie Trading Estate, Mid Craigie Road - Change of use to car wash area for 505050 Taxis

 

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

 

(j) 03-00065-FUL - 61 Ambleside Terrace - Erection of a single garage to the side of the dwellinghouse for FMS Construction

 

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

 

(k) 03-00075-LBC - 7 to 11 Bell Street - Demolition of tenement building for High School of Dundee

 

After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager and subject to approval from Historic Scotland.

 

(l) 03-00076-FUL - Land to south of Gemini Crescent, Dundee Technology Park - Erection of two storey office development (Class 4) with associated car parking for Foxdown Properties

 

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.

 

(m) 03-00082-COU - 45 Trades Lane - Change of use from offices with store to offices with oriental cash and carry and small retail area for Wing Fung Ltd

 

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to the above applications. After the deputation had stated its case and answered questions from members of the Committee, it was thanked for its attendance and withdrew.

 

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

 

(n) 03-00088-FUL - 4 Commercial Street - Erection of four storey building containing hearing centre and associated administration offices for Scottish Children's Reporter Administration

 

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.

 

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

 

(o) 03-00134-FUL - Arbroath Road Motors, 217 Arbroath Road - Erection of 12.5m high ultra slimline monopole with 3 antenna and associated equipment cabinets for Hutchison 3G UK Ltd

 

The Committee acceded to requests which had been received for deputations to address the Committee in support of 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 having considered objections received, the Committee refused the application on the grounds that (i) 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. There are no material considerations that would justify approval contrary to these policies; (ii) 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; and (iii) the proposal is contrary to advice in NPPG 19 and PAN 62 due to its close proximity to residential properties and adverse visual impact n the immediate and surrounding area. There are no material considerations that would justify approval contrary to this advice.

 

 

 

 

FIONA GRANT, Convener.