Planning Committee (including Former Development Management And Development Quality) - 25/08/2003

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 25th August 2003.

Present:-

BAILIES

COUNCILLORS

Councillor Roderick WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 30th June 2003 was held as read.

Unless marked thus * all items stand delegated.

I LISTED BUILDING CONSENT APPEAL DECISION - 36 BINGHAM TERRACE

There was submitted Agenda Note AN365-2003 whereby reference was made to the decision of the Council on 7th March 2003 under powers delegated to the Director of Planning and Transportation in consultation with the Convener, to refuse Listed Building Consent for replacement windows because:

(a) the proposed development was considered contrary to Policies BE5 and BE17 of the Dundee Local Plan 1998; and

(b) the proposed development was considered contrary to Policy 60 of the Finalised Dundee Local Plan Review 2003.

It was reported that the decision had subsequently been appealed by the applicant under the provisions of Section 18 and Schedule 3 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, and the appeal had been DISMISSED.

II APPEAL DECISION, 34 MONIFIETH ROAD, BROUGHTY FERRY

There was submitted Agenda Note AN366-2003 whereby reference was made to Article VIII of the minute of meeting of this Committee of 26th August 2002 wherein the above proposal was refused planning permission for alterations and extension because the Committee considered that the proposal would be contrary to Policy H4 of the Dundee Local Plan 1998 as there would be unacceptable loss of daylight and overshadowing for neighbouring residents to the east.

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.

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

There was submitted Report No 536-2003 by the Director of Planning and Transportation advising members of the action taken in dealing with dangerous buildings during the months of May and June 2003.

The Committee noted the contents of this report.

IV DANGEROUS BUILDINGS - PUBLIC SAFETY POLICY

There was submitted Report No 537-2003 by the Director of Planning and Transportation advising the Committee of proposals to introduce a proactive risk assessment based approach to deal with the problems of falling masonry from buildings in areas within the City Centre on a trial basis.

The Committee agreed:-

(i) to note the contents of the report and the proposals for identifying and dealing with "high risk" properties within the City Centre area on a trial basis; and

(ii) that, in instances where owners failed to undertake the inspections and remedial works the Director of Planning and Transportation, in consultation with the Depute Chief Executive (Support Services) and the Depute Chief Executive (Finance) be remitted to arrange for detailed inspections and repairs to be carried out by the City Engineer.

V NOTICE OF INTENTION TO SERVE AMENITY NOTICES

There was submitted Report No 539-2003 by the Director of Planning and Transportation seeking the agreement of the members to the Director of Planning and Transportation, in consultation with the Depute Chief Executive (Support Services), to serve Amenity Notices on the owners of five untidy pieces of land specified the report and also seeking authorisation for the Director of Planning and Transportation to serve an Amenity Notice as specified in paragraph 6.1 of the report to seek the tidying up of the land.

The Committee agreed:-

(i) to authorise the Director of Planning and Transportation to serve Amenity Notices as specified in paragraph 6.1 of the report under the terms of Section 179 of the Town and Country Planning (Scotland) Act 1997 to allow the Council to seek the tidying up of the land;

(ii) to authorise action under the terms of Section 135 of the Town and Country Planning (Scotland) Act 1997 to allow the Council to enter onto land and take the necessary steps to comply with the terms of each Amenity Notice; thereafter any expenses reasonably incurred by the Council taking such action would be recovered from the landowner; and

(iii) that if the Council was unable to serve any Amenity Notice due to the inability to trace a lawful owner authority be given to enter the land in question and carry out the necessary works to remedy the blight and the Depute Chief Executive (Support Services) be authorised to investigate the feasibility of those sites being acquired through compulsory purchase order powers.

VI PLANNING APPLICATIONS

(a) 02-00886-FUL - LAND TO SOUTH OF KINGSWAY AND WEST OF KING'S CROSS ROAD, DUNDEE - PROPOSED NEW CAR SHOWROOM FOR MR J R WEIR

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

Thereafter, having considered representations received, Bailie Farquhar, seconded by Councillor FitzPatrick, moved approval of the application, subject to the conditions that:-

(i) the development hereby permitted shall be commenced within five years from the date of this permission;

(ii) samples of the finishing materials proposed to be used shall be submitted to the Council for approval and if approved the development shall be carried out only in accordance with such approved samples;

(iii) details of the proposed surface water and foul drainage arrangements shall be submitted to the Council for approval prior to the commencement of development and if approved the proposed arrangements shall be carried out only in full accordance with such approved details;

(iv) that details of any proposed boundary treatments, including walls, fencing, railings and hedging shall be submitted to the Council for approval prior to the first use of the building and if approved the development shall be carried out only in full accordance with such approved details.

(v) that the heavy standard trees referred to in the submitted landscape plan (ref 200211/L/02A) shall be upgraded to semi mature with a minimum size of 20-25cm girth and planted using underground guys with irrigation tubes. In addition, the specified standard type trees shall be upgraded to heavy rootballed standard with a minimum size 14-16 girth and planted with irrigation tubes.

(vi) the submitted landscaping works, with the required amendments, shall be completed within three months of the first occupation of the building hereby granted permission. Any trees or shrubs, including hedges on the site which, in the opinion of the planning authority, are dying, severely damaged or diseased within 5 years of planting shall be replaced by trees or shrubs of a similar specification to those originally planted.

(vii) development shall not begin until a scheme to deal with contamination on the site has been submitted to and approved in writing by the planning authority. The scheme shall contain details of proposals to deal with contamination to include:

(a) The nature, extent and types of contamination on the site;

(b) Measures to treat/remove contamination to ensure the site is fit for the use proposed;

(c) Measures to deal with contamination during the construction works;

(d) Condition of the site on completion of decontamination measures;

before the building is occupied the measures to decontaminate the site shall be fully implemented as approved by the planning authority.

(viii) the design of the proposed service access off Dunsinane Avenue shall be constructed in accordance with details which shall have been submitted to and approved in writing by the Council prior to the commencement of any construction works on site.

(ix) the building/use hereby permitted shall not be occupied/commenced until all vehicular and pedestrian access routes have been constructed in full accordance with the details approved in writing with the planning authority.

(x) that the area for customer parking and the display of cars for sale proposed on the east side of the car showroom shall not extend more than 18 meters beyond the eastmost elevation of the building;

in order to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997; to ensure the proper drainage of the site; to ensure that the site is fit for the use proposed; in the interests of road traffic and pedestrian safety; in the interests of road traffic and pedestrian safety; and to ensure that the proposed development has a satisfactory external appearance in the interests of the visual amenities of the area.

As an amendment, the Convener, seconded by the Lord Provost, moved refusal of the application on the grounds that (i) the proposed development contravenes Policy EU2, Policy EU3 and S27 of the Dundee Local Plan 1998 which prohibit car sales businesses on prime industrial estates and there are no material considerations that would justify the approval of this application contrary to the Local Plan; and (ii) the approval of this application contrary to the terms of the Dundee Local Plan 1998 would set a precedent for similar developments that would have an adverse impact on the supply of prime industrial land within the City.

On a division, there voted for the motion - Bailies Farquhar, Wright, Corrigan, Powrie and Borthwick and Councillors Shimi, Keenan, Regan, Sturrock, Grant, Hind, Morrow, Macpherson, Dick, Don, Duncan, Beattie, Andrew Dawson, Sawers, FitzPatrick, Roberts, Barrie, Will Dawson, Fordyce and Webster (25); and for the amendment - the Convener, Lord Provost Letford, Bailie Mackie and Councillor Scott (4) - whereupon the motion was declared carried.

(b) 03-00221-COU - 187 PERTH ROAD, DUNDEE - PROPOSED RESTAURANT AND OFFICE CONVERSION FOR BOE & COMPANY

After considering 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 the consent shall authorise the use of the premises as a restaurant only and a take-away facility shall not be provided, as the premises are adjacent to residential property and it is considered necessary to strictly control the nature and intensity of the use of the premises in the interests of the amenity of neighbours.

(c) 03-00254-FUL - 35 BALGILLO ROAD, BROUGHTY FERRY, DUNDEE - PROPOSED DORMER EXTENSION FOR MR AND MRS FERGUSON

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, Councillor Scott, seconded by Bailie Corrigan, moved approval of the application subject to the conditions that:-

(i) the development hereby permitted shall be commenced within five years from the date of this permission; and

(ii) details of the 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 comply with Section 58 of the Town and Country Planning (Scotland) Act 1997 and to ensure a satisfactory standard of appearance of the development.

As an amendment, the Convener, seconded by Councillor Grant, moved refusal of the application on the grounds that (i) the proposed dormer is not in accordance with Policy H4 of the Dundee Local Plan 1998 as it would have an adverse impact on the visual appearance of the house and surrounding area and there are no material considerations that would justify departing from the policies of the development plan in this instance; and (ii) the proposed dormer is not in accordance with Policies 14 and 55 of the Finalised Dundee Local Plan Review as it would have an adverse visual impact on a prominent elevation of the house and the design does not respect the character of the existing building and there are no material considerations that would justify otherwise in this instance.

On a division, there voted for the motion ? Lord Provost Letford, Bailies Farquhar, Wright, Corrigan, Powrie and Borthwick; Councillors Shimi, Keenan, Regan, Sturrock, Hind, Morrow, Macpherson, Dick, Don, Duncan, Andrew Duncan, Sawers, FitzPatrick, Roberts, Barrie, Will Dawson, Fordyce, Webster and Scott (25); and for the amendment ? the Convener, Baillie Mackie, Councillors Grant and Beattie (4) ? whereupon the motion was declared carried.

(d) 03-00353-OUT - 91 QUEEN STREET, BROUGHTY FERRY, DUNDEE - PROPOSED ERECTION OF BUNGALOW FOR MR A LOW

After considering objections received, the Committee refused the application on the grounds (i) that the proposed development would, by reason of the lack of details submitted, contravene Policy BEII of the adopted Dundee Local Plan 1998 and Government a Guidance on the Historic Environment as contained in NPPG18 and the Memorandum of Guidance on Listed Building and Conservation Areas; and (ii) the proposed development, by reason of the departure from prevailing pattern of development and the inappropriate choice of finishing materials, would have an adverse impact on the Grove Conservation Area and the setting of the listed building at Brae Cottage and contravenes Polices BE3, BE4(A) and BE(1) of the adopted Dundee Local Plan 1998 and Policies 15 and 61 of the Finalised Dundee Local Plan Review.

(e) LAND AT CORNER OF LOONS ROAD/LAWSIDE ROAD, DUNDEE - PROPOSED HOUSING DEVELOPMENT FOR FERNBUILD LIMITED

This item was deferred.

(f) 03-00366-FUL - LAND TO THE EAST OF 3 GIBSON TERRACE, DUNDEE - PROPOSED HOUSING DEVELOPMENT AT GIBSON TERRACE

After considering objections received, the Committee refused the application on the following grounds that (i) the proposed development is contrary to Policy H1 of the Dundee Local Plan 1998 due to the adverse impact on the environmental quality enjoyed by local residents because of a deterioration in traffic and pedestrian safety; there are no material considerations that would justify the approval of the application contrary to the terms of the development plan; (ii) the proposed development is contrary to Policy H4 of the Dundee Local Plan 1998 due to the adverse impact on the residential amenity enjoyed by local residents due to overlooking and loss of privacy; there are no material considerations that would justify the approval of the application contrary to the terms of the development plan; (iii) the proposed development is contrary to Policy H10 of the Dundee Local Plan 1998 due to the loss of privacy by failing to provide 18m between facing windows of habitable rooms; there are no material considerations that would justify the approval of the application contrary to the terms of the development plan; (iv) the proposed development is contrary to Policy BE11 of the Dundee Local Plan 1998 due to the potential loss of and adverse impact on trees and the subsequent adverse impact on the appearance and character of the conservation area; there are no material considerations that would justify the approval of the application contrary to the terms of the development plan; (v) the proposed development is contrary to Policy 1 of the Finalised Dundee Local Plan Review due to the adverse impact on the environmental quality enjoyed by local residents due to unsafe parking and traffic movements; (vi) the proposed development is contrary to Policy 4 of the Finalised Dundee Local Plan Review due to the adverse impact on the residential amenity enjoyed by local residents due to overlooking and loss of privacy; (vii) the proposed development is contrary to Policy 61 of the Finalised Dundee Local Plan Review due to the potential loss of and adverse impact on trees and the subsequent adverse impact on the appearance and character of the conservation area; (viii) the proposed development is contrary to Policy 72 of the Finalised Dundee Local Plan Review due to the loss of existing mature trees on the site and the subsequent adverse effect on the immediate and surrounding area; and (ix) the proposed development would exacerbate existing traffic movement and parking problems to the detriment of traffic and pedestrian safety on Gibson Terrace and at the junction of Gibson Terrace and Mains Loan.

(g) land to east of 28 hamilton street, broughty ferry - proposed housing development for mr m donachie

This item was withdrawn.

(h) 03-00432-FUL - LAND TO EAST OF DANIEL STREET, DUNDEE - PROPOSED AMENDMENTS TO DEVELOPMENT OF FLATS FOR M & M PROPERTIES

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

(i) 03-00442-FUL - 1/3, 26 SEAFIELD ROAD, DUNDEE - PROPOSED ATTIC CONVERSION FOR MS M TIMONEY

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

(j) 03-00467-OUT - LAND SOUTH OF HALDANE CRESCENT, DUNDEE - PROPOSED NEW PRIMARY SCHOOL FOR THE DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL

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

(k) 03-00472-FUL - WATER TOWER, YARROW TERRACE, DUNDEE - PROPOSED INSTALLATION OF ANTENNAS FOR AIRWAVE MM02 LIMITED

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

(l) 03-00461-COU - 23-25 ALBERT STREET, DUNDEE - PROPOSED CHANGE OF USE FROM RETAIL UNIT TO POOL HALL FOR LACHLAN MACDONALD

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

(m) 03-00524-FUL - 4A HILL STREET, BROUGHTY FERRY, DUNDEE - PROPOSED ERECTION OF DOUBLE GARAGE FOR MR AND MRS K GIBSON

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

(n) 03-00534-COU - 21 BALUNIEFIELD ROAD, DUNDEE - PROPOSED HOT FOOD TAKEAWAY FOR MR K LAU

After consideration of objections received, the Committee refused the application on the grounds that the proposed change of use was considered to be contrary to Leisure and Tourism Policy LT8 of the Dundee Local Plan 1998 and Policy 53 of the Finalised Dundee Local Plan Review as there are residential properties within 30 metres whose existing amenity would be detrimentally affected and in particular from disturbance due to noise from anti-social behaviour; there are no material considerations that would justify departing from the policies of the development plan in this instance.

(o) 0300554-FUL - BALLUMBIE ESTATE (PHASE 8), BERWICK DRIVE, DUNDEE - PROPOSED ERECTION OF TEN DWELLINGHOUSES FOR D J LAING HOMES LIMITED

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

RODERICK WALLACE, Convener.