Planning Committee (including Former Development Management And Development Quality) - 27/05/2003

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 27th May 2003.

Present:-

COUNCILLORS

Councillor Rod WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 28th April 2003 was held as read.

Unless marked thus * all items stand delegated.

I APPEAL DECISION, 51 STRIPS OF CRAIGIE ROAD

Reference was made to the decision of the Council on 13th August 2002, under powers delegated to the Director of Planning and Transportation in consultation with the Convener, to refuse planning permission for the above development. The Council considered that the proposals would result in an over-dominant feature on the house and an incongruous feature within the streetscape contrary to Policies H1 and H4 of the Dundee Local Plan 1998

There was submitted Agenda Note AN260-2003 advising 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.

II APPEAL DECISION, 77 HIGH STREET

Reference was made to Article VIII(u) of the minute of meeting of this Committee of 26th August 2002 wherein the above proposal was refused planning permission because the Council considered that the proposal contravened Policy S3 and Section (A) of the Policy S26 of the adopted Local Plan 1998 (amusement centre within the retail core frontage of the city centre) and Section (C) of Policy S26 of the DLP (provision of an amusement centre within close proximity of three other amusement centres).

There was submitted Agenda Note AN261-2003 advising that the decision was subsequently appealed by the applicant under the provision of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997 and the appeal had been upheld, subject to conditions relating to soundproofing, window displays, opening hours, restrictions on gaming, new shop front installation and servicing.

The Committee expressed its concern at this decision and agreed that it be recommended to the Director of Support Services that the Reporter's decision be challenged in the Court of Session subject to the condition that if the costs exceeded 5,000, the matter be referred back to the Committee for consideration.

III APPEAL DECISION, DUNCARSE HOUSE (EAST WING), 381 PERTH ROAD, DUNDEE

Reference was made to Article VII(g) of the minute of meeting of this Committee of 26th August 2002 wherein the above proposals were refused planning permission and listed building consent because the Council considered that the proposals:-

(a) failed to meet the minimum habitable rooms requirements of Policy H2 of the Dundee Local Plan 2003;

(b) ran contrary to the interim review of the Policy H10 guidelines;

(c) would set an undesirable precedent for the sub-division of further dwellings within Duncarse House to the detriment of its character and integrity as a listed building; and

(d) would be contrary to the provisions of the Local Plan, Tayside Structure Plan and the Memorandum of Guidance in respect of alterations to listed buildings.

There was submitted Agenda Note AN262-2003 advising that the decisions were subsequently appealed by the applicant under the provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1987 and Section 18 and Schedule 3 of the Planning (Listed Buildings and Conservation Area) (Scotland) Act 1997, and the appeal had been dismissed.

IV APPEAL DECISION - 36 BINGHAM TERRACE, DUNDEE

Reference was made to the decision of the Council on 28th November 2002, under powers delegated to the Director of Planning and Transportation to refuse Listed Building Consent for the above proposal. The proposal was considered to be contrary to Policy BE17 of the Dundee Local Plan 1998 as the design, number and location of the proposed rooflights would neither restore nor enhance the historic character of the property.

There was submitted Agenda Note AN267-2003 advising that the decision was subsequently appealed by the applicant under the provision of Section 18 and Schedule 3 of the Planning (Listed buildings and Conservation Area) (Scotland) 1997 and the appeal had been dismissed.

V PLANNING APPEALS PERFORMANCE 2002/03

There was submitted Report No 319-2003 by the Director of Planning and Transportation advising the Committee of the Council's planning appeals performance for the year 2002/03.

The Committee noted the contents of the report.

VI ENFORCEMENT QUARTERLY UPDATE STATEMENT FOR PERIOD JANUARY TO APRIL 2003

There was submitted Agenda Note AN263-2003 providing a statistical update for the period from January to April 2003 advising the Committee of the nature and extent of enforcement activity for that period.

The Committee noted the information detailed therein.

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

There was submitted Report No 325-2003 by the Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during March 2003.

The Committee noted the contents of the report.

VIII PLANNING APPLICATIONS

(a) 12 HAREFIELD ROAD - PROPOSED CHANGE OF HOUSE TYPES, DELETION OF TWO FLATS AND SUBSTITUTION WITH ONE DETACHED HOUSE, AMENDMENT TO ACCESS AND GROUND LEVEL - FOR WHITEFRIARS PROPERTIES LTD

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections 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, the Committee agreed to defer this item.

(b) 03-00151-FUL - LAND TO THE NORTH OF BROUGHTY FERRY ROAD, DUNDEE ROAD WEST - ERECTION OF 15M HIGH SLIMLINE MONOPOLE WITH THREE ANTENNA AND ONE MICROWAVE DISH AND ASSOCIATED EQUIPMENT -CABINETS - FOR HUTCHISON 3G UK LIMITED

The Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

(c) 03-00163-OUT - POWRIE PRIMARY SCHOOL, BALUNIEFIELD ROAD - OUTLINE APPLICATION FOR DEMOLITION OF EXISTING SCHOOL AND CONSTRUCTION OF 460 PLACE PRIMARY SCHOOL WITH COMMUNITY FACILITIES, NURSERY, SEVEN-A-SIDE PLAYING FIELD, EXTERNAL PLAY AREA AND CAR PARKING - FOR DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL

After considering objections received, the Committee approved the application subject to conditions recommended by the Director of Planning and Transportation.

(d) 03-00190-COU - FAT SAMS NIGHTCLUB, 31 SOUTH WARD ROAD - CHANGE OF USE OF EXISTING WAREHOUSE/OFFICE AT GROUND AND BASEMENT LEVEL TO FORM EXTENSION TO NIGHTCLUB - FOR PIGALLE ENTERTAINMENTS LTD.

After considering objections received, the Committee approved the application subject to conditions recommended by the Director of Planning and Transportation.

(e) 03-00249-OUT - 17 CAMPERDOWN STREET, BROUGHTY FERRY - ERECTION OF 1.5 OR 2 STOREY DWELLINGHOUSE ON GROUND BELONGING TO 17 CAMPERDOWN STREET - FOR STEWART LYON

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

(i) it was considered that the proposal was not in accordance with Housing Policy H10 of the Dundee Local Plan 1998, as it would result in a house with a poor level of amenity, inappropriate finishing materials and limited private useable garden ground. There were no material considerations that would justify departing from the policies of the development plan in this instance;

(ii) it was considered that the proposed development was not in accordance with Built Environment Policy BE11 of the Dundee Local Plan 1998 as it would neither complement or enhance the appearance of the area given the finishing materials proposed, the breach of the boundary wall and by virtue of increasing the prevailing density of housing in the area. There were no material considerations that would justify departing from the policies of the development plan in the instance;

(iii) it was considered that the proposed development was not in accordance with Built Environment Policy BE4 of the Dundee Local Plan 1998 as it failed to meet criteria (A) and (d) and (h) and would result in the over-development of the application site to the detriment of the character of the surrounding area. There were no material considerations that would justify a departure to the policies of the development plan in this instance;

(iv) it was considered that the proposal was not in accordance with Policy 4 of the Finalised Dundee Local Plan Review as it failed to meet all of the criteria set out in the design standards and in particular with regard to the provision for private garden ground;

(v) it was considered that the proposed development was contrary to Policy 15 of the Finalised Dundee Local Plan Review as it failed to meet all of the criteria and in particular criteria (a) as the finishing materials were out of keeping with the area, (d) as it did not respect the prevailing densities in the area and (g) as it would result in a breach of the boundary wall; and

(vi) it was considered that the proposed development was contrary to Policy 61 of the Finalised Dundee Local Plan Review as it neither preserved nor enhances the character of the surrounding conservation area given the finishing materials proposed, the breaching of the boundary wall and by virtue of increasing the prevailing density of housing in the area.

(f) 03-00270-FUL - 140 ARBROATH ROAD - ERECTION OF 120 SQ. METRE RETAIL UNIT AND 180 SQ. METRE CLASS TWO OFFICE - FOR SANGOBEG LTD

The Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

(g) LAND TO THE SOUTH OF PITAIRLIE ROAD - ERECTION OF SEVEN FLATS AND ANCILLARY ACCOMMODATION FOR CLASS 8 USE - FOR ABERTAY HOUSING ASSOCIATION

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections 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 Roberts, seconded by Councillor Powrie, moved that this item be deferred to enable the Head of Planning to obtain additional information with regard to the provision of parking spaces.

As an amendment, the Convener, seconded by Councillor Scott, moved that the application be not deferred.

On a division, there voted for the motion - Lord Provost Letford, Councillors Morrow, Wright, Don, Duncan, Andrew Dawson, Sawers, FitzPatrick, Roberts, Corrigan, Barrie, Will Dawson, Fordyce, Powrie, Mackie, Webster and Borthwick (17); and for the amendment - Councillors Wallace, Regan, Farquhar, Grant, Hind, Dick, Beattie and Scott (8); Councillor Sturrock being absent when the vote was taken; whereupon the motion was declared carried and became the finding of the meeting.

Rod WALLACE, Convener.