Planning Committee (including Former Development Management And Development Quality) - 29/09/2003

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 29th September, 2003.

Present:-

BAILIES

COUNCILLORS

Councillor Rod WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 25th August, 2003 was held as read.

Unless marked thus * all items stand delegated.

I NON-STATUTORY SUPPLEMENTARY PLANNING GUIDANCE IN RELATION TO TELECOMMUNICATIONS MASTS ANDOTHER APPARATUS

There was submitted Agenda Note AN432-2003, making reference to Article II of the minute of meeting of the Planning and Transportation Committee of 25th August, 2003 wherein it was agreed to commend the abovementioned Planning Guidance to this Committee as a material consideration for developmental purposes.

The Committee noted accordingly.

II DUNDEE CULTURAL QUARTER PUBLIC REALM INITIATIVES AND OPPORTUNITIES STUDY

There was submitted Agenda Note AN433-2003, making reference to Article IV of the minute of meeting of the Planning and Transportation Committee of 25th August, 2003 wherein it was agreed to commend the abovementioned study to this Committee as a material consideration for development purposes.

The Committee noted accordingly.

III APPEAL DECISION: LAND TO NORTH OF 242 KINGSWAY, DUNDEE - TELECOMMUNICATIONSDEVELOPMENT (15m, SLIMLINE MAST WITH ANTENNAS, MICROWAVE DISH AND HOUSING

There was submitted Agenda Note AN434-2003, making reference to Article VI(p) of the minute of meeting of this Committee of 24th February, 2003 wherein the above proposal was refused planning permission because the Council considered that the proposals would be contrary to the terms of Policies H1 and BE31 of the adopted Local Plan and to Policy 1 and the supplementary policy guidance attached to Policy 78 of the Finalised Dundee Local Plan Review. All these policies relate to visual impact and residential amenity issues.

It was reported that the decision had been 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 upheld, with conditions relating to the painting of the apparatus and its removal with ground reinstatement when the development ceases use.

IV ADVERTISING CONSENT APPEAL DECISION: 3-7 ERSKINE LANE, BROUGHTY FERRY, DUNDEE - HIGH LEVELEXTERNALLY ILLUMINATED ADVERTISEMENT SIGNBOARD

There was submitted Agenda Note AN435-2003, making reference to Article IV(d) of the minute of meeting of this Committee of 31st March, 2003 wherein the above proposal was refused Advertisement Consent because the Council considered that the sign (already in place) was contrary to Policy BE6 of the Dundee Local Plan 1998 and Policy 63 of the Finalised Dundee Local Plan Review.

It was reported that the decision had been appealed by the applicant under the provisions of Section 182 of the Town and Country Planning (Scotland) Act 1997 and Regulation 21 of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, and the appeal had been dismissed.

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

There was submitted Report No 610-2003 by the Director of Planning and Transportation and City Engineer advising members of the action taken in dealing with dangerous buildings during the month of July 2003.

The Committee agreed to note the content of the report.

VI NOTICE OF INTENTION TO SERVE AMENITY NOTICE

There was submitted Report No 620-2003 by the Director of Planning and Transportation seeking approval for the service of an Amenity Notice on an unkempt piece of land between Alexander Street, Jamaica Street and North Wellington Street.

The Committee agreed:-

(a)to authorise the Director of Planning and Transportation to serve an Amenity Notice, as specified in paragraph 6.3 of the report under the terms of Section 179 of the Town and County Planning (Scotland) Act 1997, to allow the Council to seek the tidying up of the land;

(b)if this notice is not complied with, 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 necessary steps to comply with the terms of the Amenity Notice. Thereafter any expenses reasonably incurred by the Council taking such action will be recovered from the landowner; and

(c)to authorise the Depute Chief Executive (Support Services) in these circumstances to investigate the feasibility of this site being acquired through CPO powers.

VII PLANNING APPEALS

There was submitted Agenda Note AN437-2003 making reference to the meeting of the Development Quality Committee of 28th April, 2003 and wherein it was remitted to the Legal Division to further consider ways in which the present system of Planning Appeals, whereby Reporters have the last opportunity to consider afresh the planning merits of an application, could be improved to address the perception of a democratic deficit in the system.

It was noted that The Scottish Executive in both their original reply to the Council's letter outlining their concerns and in recent consultation papers continued to support the present arrangements, and that as the legal powers which underpin this aspect of the appeals system were contained in primary legislation only an amendment of these provisions could make any changes.

The Committee therefore remitted to the appropriate officers of the Legal Division to approach the Petitions Committee of the Scottish Parliament with a view to progressing this matter.

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 RAISING GROUND LEVEL FOR WHITEFRIARS PROPERTIES LTD

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 deferred the application for one month.

(b) 03-00350-FUL - LAND AT CORNER OF LOONS ROAD/LAWSIDE ROAD - ERECTION OF 12 DWELLINGHOUSES FOR GEORGE JOHNSTON ARCHITECTS

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 deputation 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:-

(i)that the proposal is contrary to policy H1 of the Dundee Local Plan in so far as the environmental quality enjoyed by the proposed residents would be detrimentally affected by virtue of the road layout and the potential traffic movements associated with the industrial unit to the south east of the site and there are no material considerations which would justify setting aside policy in this case;

(ii)the proposal is contrary to the terms of PAN67 - Housing Quality in so far as safe and secure environment is not being proposed for prospective residents by virtue of the access arrangements and the use of the neighbouring industrial building; and

(iii)that the proposal is contrary to the policies 1 of the Dundee Local Plan Review in so far as environmental amenity will be detrimentally affected by the road layout and traffic movements associated with the neighbouring industrial unit.

(c) 03-00449-FUL - MICHELIN TYRE CO LTD, BALDOVIE ROAD - ERECTION OF TEMPORARY 50 METER HIGH ANEMOMETER MAST FOR MICHELIN TYRE PLC

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

(d) 03-00500-FUL - LAND TO THE NORTH OF BRAEMAR GARDENS, ELCHO DRIVE, BROUGHTY FERRY - ERECTION OF 13 DWELLINGHOUSES FOR BUDDON LTD

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

(e) 03-00515-OUT - ELCHO DRIVE, BROUGHTY FERRY - OUTLINE PLANNING PERMISSION FOR THE ERECTION OF A COVERED TENNIS ENCLOSURE, NEW CLUB AND PARKING FOR BROUGHTY FERRY TENNIS CLUB

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 details of the method of draining the site including provision for surface water attenuation to ensure that there is no increased risk of flooding of downstream properties, shall be submitted to the Council for approval before any development is commenced and if approved, the development shall be carried out in full accordance with such approved details, in order to ensure that the site is adequately drained and that the development does not lead to an increased risk of flooding of downstream properties.

(f) 03-00501-COU - THE COUNTING HOUSE, 67-71 REFORM STREET - CHANGE OF USE FROM PUBLIC PAVEMENT TO EXTERNAL SEATING AREA FOR J D WEATHERSPOON PLC

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

(g)5 EAST HOME STREET/GARDEN GROUND OF 8 DOUGLAS TERRACE, BROUGHTY FERRY - ERECTION OF DWELLINGHOUSE AND GARAGE IN GARDEN GROUND FOR MR AND MRS R H BARNETT

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, having considered objections received, the Committee deferred the application for one month.

(h) 03-00533-FUL - 334 TO 336 PERTH ROAD - CONVERSION OF STUDENT ACCOMMODATION TO FORM 5 TOWNHOUSES, 13 APARTMENTS INCLUDING 2 NEW PENTHOUSES AND 4 NEW BUILD TOWNHOUSES FOR DUNCARSE LT/ABERTAY UNIVERSITY

The Committee acceded to requests which had been received for deputations to address the Committee 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.

Councillor Hind declared a non-financial interest in this item by virtue of its fact that he knew the son of one member of the deputation.

Thereafter, having considered objections received, Councillor Macpherson seconded by Bailie Powrie, moved refusal of the application on the grounds that

(i)the proposed development is contrary to Policy H10 "Design of New Housing" in the Dundee Local Plan 1998 as the proposals do not comply with the guidelines which identify that on inner city sites of more than 20 units, 75% of units should be houses. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to that policy;

(ii)the proposed development is contrary to Policy BE11 "Development in Conservation Areas" in the Dundee Local Plan 1998 as the proposed windows and the proposed cement render walls do not complement the original building and fail to enhance the character of the Conservation Area. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to that policy;

(iii)the proposed development is contrary to Policy H1 "Existing Residential Areas" in the Dundee Local Plan 1998 as the proposals will result in an adverse effect on the environment enjoyed by local residents to the south of the site by reason of the likely impact of traffic and parking movements; noise and smell and will also result in a loss of light currently enjoyed by local residents to the east of the site by reason of the design and layout of the development. The proposals do no comply with other policies in the Plan as detailed in reason 1. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to that policy; and

(iv)the proposed development is contrary to Policy 61 "Development in Conservation Areas" in the Finalised Dundee Local Plan Review 2003 as the proposed windows and the proposed cement render walls do not complement the original buildings and fail to enhance the character of the Conservation Area.

As an amendment, the Convener, seconded by Bailie Mackie, moved approval of the application subject to the conditions recommended by the Director of Planning and Transportation.

On a division, there voted for the motion, Lord Provost Letford, Bailie Wright, Corrigan, Powrie and Borthwick, and Councillors Shimi, Keenan, Sturrock, Hind, Morrow, Macpherson, Dick, Don, Duncan, Andrew Dawson, Sawers, FitzPatrick, Roberts, Barrie, Will Dawson, and Webster (21); and for the amendment - the Convener, Bailie Mackie and Councillor Grant (3); whereupon the motion was declared carried.

(i) 03-00530-COU - FORMER ROBERTSON BOND, 38-40 SEAGATE - CHANGE OF USE TO PUBLIC HOUSE, SNOOKER AND POOL MEMBERS CLUB FOR GEORGICA PLC

After considering objections received, the Committee approved 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)noise from all mechanical and electrical plant shall not exceed NR35 as measured 1m external to any residential property

(iii)access to the third and fourth floors will be retained as in accordance with details in drawing no. 589-002N, unless otherwise agreed in writing by the Council.

In order to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997; to protect the amenities of the occupants/owners of nearby adjacent properties from potential noise disturbance from mechanical and electrical plant equipment; to ensure that future use of the upper floors is not jeopardised by this development; to ensure that future use of the upper floors is not jeopardised by this development; and to ensure that the whole building is renovated and made available for use in the interests of the restoration of the listed building which forms an important feature in this area of the City Centre.

(j) 03-00558-FUL - 3 TEVIOTDALE AVENUE - CHANGE OF USE FROM RETAIL UNIT TO HOT FOOD TAKEAWAY FOR MRS SHARMA

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

(k)18 CAMPHILL ROAD, BROUGHTY FERRY - OUTLINE CONSENT FOR THE ERECTION OF A SINGLE STOREY DETACHED DWELLINGHOUSE FOR ORDERSPACE LTD

This item was withdrawn.

(l) 03-00619-FUL - 168 LONG LANE - CONVERSION OF 3 EXISTING BUILDINGS ON SITE AND ERECTION OF 1 HOUSE TO CREATE A TOTAL OF 4 DWELLINGS (3 COTTAGES AND 1 TOWNHOUSE) FOR PAUL BARNET

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

(m) 03-00663-FUL - 30 INVERGOWRIE DRIVE - ERECTION OF DORMER TO SOUTH ELEVATION OF HOUSE FOR MR R McCLAUGHLIN

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

(n) 03-00661-FUL - 22 DOUGLAS TERRACE, BROUGHTY FERRY - EXTENSION TO SOUTH EAST ELEVATION OF HOUSE AND NEW DECK TO SOUTH OF HOUSE FOR MR GRIMMOND

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

(o) 03-00669-LBC - 22 DOUGLAS TERRACE, BROUGHTY FERRY - EXTENSION TO SOUTH EAST ELEVATION OF HOUSE AND NEW DECK TO SOUTH OF HOUSE FOR MR GRIMMOND

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

ROD WALLACE, Convener.