Planning Committee (including Former Development Management And Development Quality) - 27/10/2003

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

Present:-

BAILIES

COUNCILLORS

Councillor Rod WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 29th September, 2003 was held as read.

Unless marked thus * all items stand delegated.

I APPEAL DECISIONS

There was submitted Agenda Note AN479-2003 detailing the undernoted appeal decisions.

(a) 53 CLEPINGTON ROAD - PROPOSED ERECTION OF HOUSE

Reference was made to the decision of the Council on 24th February, 2003 under powers delegated to the Director of Planning and Transportation, in consultation with the Convener, to refuse planning permission. It was considered that the proposed development would be contrary to Built Environment Policy BE11 of the adopted Dundee Local Plan and Policy 61 of the Finalised Dundee Local Plan Review as it would have a detrimental effect on the appearance of the existing property and the surrounding area and would neither preserve nor enhance the character of the Maryfield Conservation Area.

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.

(b)PREMISES SOUTH OF STANNERGATE ROAD - PROPOSED HAZARDOUS SUBSTANCES CONSENT FOR THE STORAGE OF UP TO 5000 TONNES OF AMMONIUM NITRATE FERTILISER

Reference was made to Article IV(a) of the minute of meeting of this Committee of 28th April, 2003 wherein the above proposal was refused hazardous substances consent because the Council considered that the risks to the surrounding population from the proposed operations were sufficiently high to justify refusal. This view was based on the expert advice offered by the Health and Safety Executive.

It was reported that the decision was subsequently appealed by the applicant under the provisions of the Town and Country Planning (Hazardous Substances) (Scotland) Act 1997, and the appeal had been dismissed.

II MODERNISING PUBLIC LOCAL ENQUIRIES - CONSULTATION PAPER BY THE SCOTTISH EXECUTIVE

There was submitted Report No 630-2003 by Director of Planning and Transportation reviewing the Scottish Executive consultation document "Modernising Public Local Inquiries".

The Committee approved the terms of the report and agreed that it be remitted to the appropriate officers to forward the response detailed therein to the Scottish Executive.

III ENFORCEMENT UPDATE - APRIL TO SEPTEMBER 2003

There was submitted Agenda Note AN480-2003 providing a statistical update for the period from April to September 2003 advising the Committee of the nature and extent of enforcement activity for that period.

The Committee noted the information detailed therein.

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

There was submitted Report No 627-2003 by Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during August 2003.

The Committee noted the contents of the report.

V PROPOSED VISIT TO ECOTECH CENTRE, SWAFFAM, NORFORK

There was submitted Agenda Note AN481-2003 advising the Committee of a proposed site visit to the EcoTech Centre, Swaffam, Norfolk.

The Committee approved the attendance of the Convener, local elected members and appropriate officers to visit the EcoTech Centre near Kings Lynn, Norfolk on 30th October, 2003.

VII PLANNING APPLICATIONS

(a) 03-00103-FUL - 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

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to the abovementioned 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, on a reference to Article VIII(a) of the minute of meeting of this Committee of 29th September, 2003, and 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 notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the provision of an additional window at first floor level on the east elevations of the dwellinghouses on Plot 1 and Plot 2 shall not be carried out without planning permission being granted on an application made to the planning authority; in order to protect local residents from any additional overlooking and consequent reduction in the privacy of the rear garden area of the property located to the east of the application site.

(b) 03-00618-FUL - LAND TO NORTH OF A90 AND NORTHWEST OF SWALLOW ROUNDABOUT, KINGSWAY WEST - PROPOSED DEVELOPMENT OF 270 DWELLINGS AND A RESIDENTIAL RETIREMENT HOME WITH ASSOCIATED LANDSCAPING, SERVICING AND ACCESS - FOR BETT HOMES/CALA MANAGEMENT LTD

Councillor Sturrock declared a non-financial interest in this item by virtue of being a member of SEPA East Board which had objected to the application, and withdrew from the meeting for the duration of the item.

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 abovementioned 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 Lord Provost, seconded by Councillor Don, moved refusal of the application on the grounds that (i) the proposed development is premature in that the Development Plan is under review and would predetermine decisions which ought properly to be taken in the Development Plan context; (ii) the proposal is contrary to policies H5, and H25 to 28 of the adopted Local Plan 1998 in respect of housing allocations and archaeology respectively; and (iii) the proposals are contrary to the terms of NPPG7 and SPP7 (Draft) in respect of Planning and Flooding.

As an amendment the Convener, seconded by Councillor McPherson, moved approval of the application, subject to the conditions recommended by the Director of Planning and Transportation and subject to the additional condition that details of the provision and layout of garaging for the houses on plot numbers 158 to 223 shall be submitted to the Council for approval prior to the commencement of construction and if approved, the development shall be carried out only in accordance with such approved details; in order to ensure that sufficient parking facilities are provided in the interests of highway safety and the amenities of the area.

On a division there voted for the motion - Lord Provost Letford, Balies Corrigan, Powrie and Borthwick and Councillors Don, Duncan, Beattie and Fordyce (8); and for the amendment - the Convener, Balies Farquhar and Mackie and Councillors Shimi, Keenan, Regan, Grant, Hind, Morrow, Macpherson, Dick, Andrew Dawson, Sawers, Will Dawson, Webster and Scott (16); whereupon the amendment was declared carried.

(c) 03-00423-FUL - BASEMENT AT 172-174 PERTH ROAD - CONVERSION OF VACANT BASEMENT TO FORM FLAT - FOR MR P SALE AND MR A CRUICKSHANK

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

(d) 03-00507-FUL - 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 in support of the above 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 refused the application on the grounds that:-

(i)the proposed development would adversely affect the character and appearance of the Broughty Ferry Conservation Area and thereby contravene Policy BE11 of the adopted Dundee Local Plan 1998 and the statutory duty under Section 64 of the Planning (Listed Buildings and Conservation Areas) Act to have regard to the conservation area because it would involve the insertion of a house of modern suburban design in a setting of substantial stone villas with high enclosing walls to East Home Street and would breach the roadside boundary wall to form a vehicular access and it is considered that there are no reasons for approving the proposed development contrary to the Plan;

(ii)the proposed development would contravene Policies BE1 and BE4 of the adopted Dundee Local Plan 1998 by reason of the disruption for the established character of the area, the standard house type, proximity of windows to the house at 8 Douglas Terrace and lack of information on tree and shrub protection and proposed planting and it is considered that there are no reasons for approving the development contrary to the Plan;

(iii)the proposed development would adversely impact on the residential amenities of the existing house at 8 Douglas Terrace contrary to Policy H4 of the Adopted Local Plan by reason of the loss of garden ground, the arrangements for accessing proposed new garage and the design and form of the proposed house and it is considered that there are no reasons for approving the proposed development contrary to the Plan; and

(iv)the proposed development would contravene Policies 15, 55 and 61 of the Finalised Dundee Local Plan Review because of the insertion of a house type of standard design, the breach to the boundary wall and lack of provision for landscaping.

(e) 03-00616-FUL - 80 BALGILLO ROAD, BROUGHTY FERRY - ERECTION OF FOUR SEMI-DETACHED DWELLINGHOUSES - FOR P & S DEVELOPMENTS (SCOTLAND) LTD

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

(f) 03-00624-FUL - 312 KING STREET/51 BEACH CRESCENT, BROUGHTY FERRY - AMENDMENTS TO PREVIOUS CONSENT INCLUDING USE OF GLASS BLOCK, ALTERATIONS TO ROOF AND STAIR TOWER AND INSERTION OF GLASS BLOCK WINDOWS ON WEST GABLE OF FLATS - FOR CAMPERDOWN CONSTRUCTION LTD

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

(g) 03-00666-COU - 4 ARGYLE PLACE, THOMSON STREET - CHANGE OF USE FROM RESIDENTIAL TO OFFICE ACCOMMODATION - FOR DUNDEE WOMEN'S AID

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

(h)FORMER FILLING STATION, 140 ARBROATH ROAD - ERECTION OF 180M CLASS 2 OFFICE AND 120M HOT FOOD TAKEAWAY - FOR SANOBEG LTD

This item was deferred.

(i) 03-00713-FUL - LAND TO EAST OF 28 HAMILTON STREET, BROUGHTY FERRY - ERECTION OF 6 HOUSES AND GARAGES - FOR WEST RESIDENTIAL LTD

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

(j) 03-00351-FUL - LAND AT BALMOSSIE GRANGE, NORTH OF ARBROATH ROAD, BROUGHTY FERRY - ERECTION OF 100 DWELLINGHOUSES WITH ASSOCIATED INFRASTRUCTURE AND SERVICES - FOR STEWART MILNE HOMES

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

ROD WALLACE, Convener.