Planning Committee (including Former Development Management And Development Quality) - 30/06/2003

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 30th June 2003.

Present:-

COUNCILLORS

Councillor Roderick WALLACE, Convener, in the Chair.

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

Unless marked thus * all items stand delegated.

I REQUEST FOR DIRECT ACTION AT 20 TO 26 HAREFIELD ROAD, DUNDEE

There was submitted Report No 358-2003 by the Director of Planning and Transportation seeking the Committee's agreement to authorise the Director of Planning and Transportation and the Director of Support Services to take appropriate action to seek compliance with an Amenity Notice in respect of a parade of shops at 20 to 26 Harefield Road, Dundee whose condition had deteriorated as a result of neglect, vandalism and graffiti.

The Committee approved action under the terms of Section 135 of the Town and Country Planning (Scotland) Act 1997 to allow the Council to enter the land at 20 to 26 Harefield Road, Dundee and take the necessary steps to comply with the Amenity Notice following non-compliance of its terms by the landowner and to recover from the landowner or lessee any expenses reasonably incurred.

II REQUEST FOR DIRECT ACTION AT FORMER HOMEBASE STORE, RIVERSIDE DRIVE, DUNDEE

There was submitted Report No 359-2003 by the Director of Planning and Transportation seeking the Committee's agreement to authorise the Director of Planning and Transportation and the Director of Support Services to take appropriate action to seek compliance with an Amenity Notice in respect of the site of the former Homebase Store on Riverside Drive, Dundee where the exterior condition of the building had deteriorated as a result of vandalism and graffiti.

The Committee approved action under the terms of Section 135 of the Town and Country Planning (Scotland) Act 1997 to allow the Council to enter the land at the former Homebase Store, Riverside Drive, Dundee and take the necessary steps to comply with the Amenity Notice following non-compliance of its terms by the landowner and to recover from the landowner or lessee any expenses reasonably incurred.

III NOTICE OF INTENTION TO SERVE AMENITY NOTICE AT HILLBANK GARDENS, DUNDEE

There was submitted Report No 462-2003 by the Director of Planning and Transportation seeking agreement for the Director of Planning and Transportation, in consultation with the Director of Support Services, to serve an Amenity Notice on the owners of an untidy piece of land within the housing development at Hillbank Gardens, Dundee and approval of direct action powers if the terms of the aforementioned notice were not complied with or if establishing ownership resulted in the inability to serve the notice.

The Committee agreed to:-

(a)approve action under the terms of Section 179 of the Town and Country Planning (Scotland) Act 1997 to allow the Council to serve an Amenity Notice seeking the tidying up of a piece of land in Hillbank Gardens, Dundee;

(b)approve action under the terms of Section 135 of the Town and Country Planning (Scotland) Act 1997 to allow the Council to enter onto land at Hillbank Gardens and take the necessary steps to comply with the terms of the Amenity Notice with any expenses reasonably incurred by the Council taking such action being recovered from the landowner; and

(c)grant authority to enter the land in question and carry out the necessary works to remedy the blight if an Amenity Notice was unable to be served due to the inability to trace a lawful owner.

IV BUILDING (SCOTLAND) ACT 1959 - SECTION 13, DANGEROUS BUILDINGS

There was submitted Report No 378-2003 by the Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during the month of April 2003.

The Committee noted the action taken.

V DANGEROUS CHIMNEY AT 17 TO 19 MORGAN STREET, DUNDEE

There was submitted Agenda Note AN327-2003 advising the Committee that, following a complaint from a local resident, the City Engineer had inspected the above mentioned property and found it to be in a dangerous condition. Immediate action was taken to make the building safe and the owners' attention was drawn to the condition of the remainder of the property.

No further remedial action was taken and a notice was served on the owners on 20th March, 2001 and again on 10th April 2003 requiring them to carry out the necessary works to make the property safe. The Notice was not complied with and a further Notice of the Council's intention to make an Order under Section 13 of the Building (Scotland) Act 1959 was issued on 27th May, 2003.

It was reported that the owners had failed to comply with the terms of the Notice and the Committee therefore authorised the service of an Order on the owners requiring the works to be carried out. Should the owners fail to comply with the Order the City Engineer was authorised to obtain tenders and arrange for these works to be carried out with all costs associated with the above being recovered from the owners.

VI DANGEROUS BUILDINGS AT 4 DUNCAN STREET, DUNDEE

There was submitted Agenda Note AN328-2003 advising that Committee that, as a result of complaints from the adjacent proprietor, the City Engineer had monitored and inspected the above buildings since October 2002. Since that time the property had been subjected to ongoing vandalism and fire raising. Following a serious fire at the weekend of 30th March, 2003 the property was inspected and found to be in a dangerous condition. Immediate action was taken to make the buildings safe and the owners' attention was drawn to the condition of the remainder of the property.

No further remedial action was taken and a Notice was served on the owners on 23rd April, 2003 requiring them to carry out the necessary work to make the property safe. The Notice was not complied with and a further Notice of the Council's intention to make an Order under Section 13 of the Building (Scotland) Act 1959 was issued on 16th June, 2003.

It was reported that the owners had failed to comply with the terms of the Notice and the Committee therefore authorised the service of an Order on the owners requiring the works to be carried out. Should the owners fail to comply with the Order the City Engineer was authorised to obtain tenders and arrange for these works to be carried out with all costs associated with the above being recovered from the owners.

VII PLANNING APPLICATIONS

(a) 03-00203-FUL - LAND TO THE NORTH OF JOHNSTON STREET, WARD ROAD - FLATTED RESIDENTIAL DEVELOPMENT FOR STUDENT ACCOMMODATION (122 BEDS) FOR ARDMUIR LIMITED

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

(b) 03-00229-FUL - 6 GLAMIS TERRACE - CONVERSION OF BASEMENT, EXTENSION OF FIRST FLOOR TO CREATE ONE NEW DORMER AND BALCONY, ERECTION OF SINGLE STOREY DOUBLE GARAGE AND ERECTION OF CONSERVATORY FOR MR P CHITA

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

(c) 03-00234-FUL - 394 PERTH ROAD - DEMOLITION OF PETROL FILLING STATION AND THE ERECTION OF EIGHT TOWNHOUSES FOR DEMRYAN PROPERTY COMPANY LIMITED

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

(d) 03-00248-FUL - LAND TO NORTHEAST OF MAPLEWOOD DRIVE AND EAST OF KING'S CROSS ROAD - ERECTION OF VETERINARY SURGERY WITH STAFF FACILITIES AND CAR PARKING FOR PARKSIDE VETERINARY GROUP

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

(e) 03-00269-FUL - CONSTABLE WORKS, 31 TO 33 CONSTITUTION STREET - PARTIAL DEMOLITION OF FACTORY BUILDINGS AND REDEVELOPMENT OF SITE TO PROVIDE ELEVEN HOUSES, THREE OF WHICH WILL BE CONVERSION OF EXISTING BUILDING FOR GEORGE MARTIN BUILDERS

Councillor Grant declared a non-financial interest in this item by virtue of her husband being one of the objectors to a previous application relating to this site.

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

(f) 03-00281-FUL - 23 ALBANY TERRACE - ALTERATIONS TO FORMER WINDOW AND INSTALLATION OF BALCONY FOR D & J MULLIGAN

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

(g) 03-00284-FUL - LAND TO THE NORTH OF CAMERONS CLOSE AND EAST OF 21 ALBERT SQUARE - ELECTRICITY SUB-STATION TO REINFORCE EXISTING UNDERGROUND ELECTRICITY NETWORK FOR SCOTTISH HYDRO ELECTRIC POWER DISTRIBUTION LIMITED

Councillor Will Dawson declared a non-financial interest in this item by virtue of being an employee of the company concerned.

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

(h) 03-00304-FUL - LAND TO THE SOUTH OF PITAIRLIE ROAD - ERECTION OF SEVEN FLATS AND ANCILLARY ACCOMMODATION FOR CLASS 8 USE FORM ABERTAY HOUSING ASSOCIATION

Councillor Roberts declared a non-financial interest in this item by virtue of the extent of consultation by constituents on this item.

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

Thereafter, having considered objections received, the Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation, and subject to the additional condition that details of the proposed finishing materials shall be submitted to the Council for approval before any development is commenced and if approved, the development shall be carried out only in full accordance with such approved details in order to ensure a satisfactory standard of appearance of the development.

(i) 03-00313-FUL - 20 NORWOOD CRESCENT - EXTENSION TO DWELLINGHOUSE FOR MR P MARR

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

(j) 03-00318-FUL - 16 HAMILTON STREET, BROUGHTY FERRY - FIRST FLOOR EXTENSION OF EXISTING OFFICE FOR WINTON & CO, CHARTERED ACCOUNTANT

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

(k) 03-00333-FUL - LONGTOWN ROAD - ERECTION OF SPRINKLER STORAGE TANK AND ENCLOSED PUMP HOUSE FOR C J LANG

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

(l) 03-00354-FUL - 47 ALBERT ROAD, BROUGHTY FERRY - ERECTION OF DWELLINGHOUSE WITH DOUBLE GARAGE AND ERECTION OF GARAGE FOR EXISTING HOUSE FOR MR AND MRS D FRENCH

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 withdrew.

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

(i)the proposed development contravened Policy H10 of the adopted Local Plan by reason of the inadequate provision of useable private garden ground for existing and proposed houses, Policy BE4(B) and BE4(I) of the adopted Local Plan by reason of over-development of the original garden ground of "Taymount" and the adverse impact on trees and ENV12 of the adopted Local Plan by reason of the loss of trees which are protected by a Tree Preservation Order: it was considered that there were no material considerations which would justify the approval of the proposed development contrary to the provisions of the adopted Local Plan;

(ii)the proposed development would have an adverse impact on the setting of "Taymount" (a category B listed building) contrary to Section 59 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 by reason of the siting of the proposed new house and the garage for the existing house and the loss of trees and shrubs along the driveway and within the former garden of the listed building; and

(iii)the proposed development contravened Policy 4 of the Finalised Local Plan Review by reason of the inadequate provision of useable private garden ground for existing and proposed houses, Policy 15(b), (d) and (h) of the Finalised Local Plan Review by reason of over-development of the original garden ground of "Taymount" increasing the prevailing density in the area and the adverse impact on trees and Policy 72 of the Finalised Local Plan Review by reason of the loss of trees which are protected by a Tree Preservation Order.

(m)80 BALGILLO ROAD, BROUGHTY FERRY - ERECTION OF SIX SEMI DETACHED DWELLINGHOUSES FOR P & S DEVELOPMENTS

This item was withdrawn.

(n) 03-00372-FUL - 32 ARGYLE STREET - ERECTION OF TIMBER SHED FOR MR AND MRS J RAMSAY

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

(o) 03-00416-COU - 2 TO 4 ELLEN STREET - CHANGE OF USE FROM RESIDENTIAL HOME (CLASS 8) TO HOUSE IN MULTIPLE OCCUPATION FOR INVERELLEN LIMITED

Councillor Beattie declared a non-financial interest in this item by virtue of having previously been consulted by the applicant on this matter.

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 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 use of the premises as a house in multiple occupancy contravened Policy H14 of the adopted Dundee Local Plan 1998 in terms of the distance from the nearest houses in multiple occupation being within the 250 metre distance stipulated and the number of residents being in excess of twelve: the number of occupants and the concentration of houses in multiple occupation was having a detrimental impact on residential amenity due to noise and disturbance and it was considered that there were no material considerations that would justify the approval of this application contrary to the terms of the Development Plan; and

(ii)the use of the premises as a house in multiple occupancy contravened Policy 11 of the Finalised Dundee Local Plan Review 2003 in terms of the detrimental impact on residential amenity due to noise and disturbance and the concentration of houses in multiple occupation to the detriment of the character of the local area.

RODERICK A J WALLACE, Convener.