Planning Committee (including Former Development Management And Development Quality) - 01/12/2003

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 1st December, 2003.

Present:-

BAILIES

COUNCILLORS

Councillor WALLACE, Convener, in the Chair.

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

Unless marked thus * all items stand delegated.

I MASTER PLAN FOR MIXED USE DEVELOPMENT AT VICTORIA AND CAMPERDOWN DOCKS (CITY QUAY)

Councillor Dick declared a financial interest in the above item by virtue of her husband being the owner of an apartment within the abovementioned development.

There was submitted Agenda Note AN526-2003 making reference to Article II of the minute of meeting of this Committee of 28th June 1999, wherein the Committee approved a Master Plan for this development. It was reported that since then a number of the components of the development had been built including the retail development, the first phases of the housing development and the Apex Hotel, but as a result of changing market conditions it was now unlikely that the proposals in the Master Plan for a large leisure development on the south side of Victoria Dock would proceed. An extensive parking area had been formed on the adjoining site to cater for both retail and leisure developments and it was clear that this parking area was well in excess of the requirements for the retail development.

It was, therefore, proposed to revise the Master Plan with the principal change being the provision of additional dwellings on the site of the existing car park and proposed leisure development on the south side of Victoria Dock. Other minor changes were also proposed in the Revised Master Plan.

Councillor Sturrock, seconded by Councillor Don, moved that this item be deferred, to allow further consideration of the issue of amenity space.

As an amendment, Councillor Grant, seconded by the Convener, moved that the Committee approve the revised master plan as an appropriate framework for the future development of City Quay, and refer the revised Master Plan as a material consideration in the determinisation of any future planning applications, and that Forth Ports be advised of the Committee's concern that the issue of amenity space be treated as a priority.

On a division, there voted for the motion - Bailie Borthwick and Councillors Sturrock, Hind, Don, Duncan, Beattie, Andrew Dawson, FitzPatrick and Fordyce (9); and for the amendment - the Convener, Bailies Farquhar, Wright, Corrigan, Powrie and Mackie, and Councillors Shimi, Keenan, Grant, Morrow, Macpherson, Webster and Scott (13); Councillor Dick declining to vote - whereupon the amendment was declared carried.

II REQUEST FOR DIRECT ACTION AT 45 TRAQUAIR GARDENS, DUNDEE

There was submitted Report No 682-2003 by the Director of Planning and Transportation seeking authority to take appropriate action to seek compliance with an Enforcement Notice at 45 Traquair Gardens, Dundee.

The Committee agreed 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 the Enforcement Notice, having noted that any expenses reasonably incurred by the Council taken such action would be recovered from the landowner.

III REQUEST FOR DIRECT ACTION AT 5 LAWRENCE STREET, BROUGHTY FERRY, DUNDEE

There was submitted Report No 683-2003 by the Director of Planning and Transportation seeking authority to take appropriate action to seek compliance with an Enforcement Notice at 5 Lawrence Street, Broughty Ferry, Dundee.

The Committee agreed 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 the Enforcement Notice, having noted that any expenses reasonably incurred by the Council taking such action would be recovered from the landowner.

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

There was submitted Report No 724-2003 by the Director of Planning and Transportation advising members of the action taken in dealing with dangerous buildings during the month of September 2003.

The Committee agreed to note the contents of the report.

V TENDERS RECEIVED BY CITY ENGINEER

There was submitted Report No 736-2003 by the Director of Planning and Transportation detailing tenders received in respect of the demolition of 4 Westfield Place.

The Committee agreed to accept the lowest offer from Trojan Contracting Limited amounting to 8,900, together with allowances amounting to 2,950, giving a total of 11,850.

VI PLANNING APPLICATIONS

(a) 03-00566-COU - 3-5 WHITEHALL STREET - PART USE OF VACANT GROUND AND BASEMENT RETAIL (CLASS 1) PREMISES AS PUBLIC HOUSE AND FIRST FLOOR RESIDENTIAL ACCOMMODATION - FOR LONDON AND REGIONAL PROPERTIES LIMITED

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

(b) 03-00622-FUL - ERECTION of 21 SHELTERED HOUSING FLATS, 8 SPECIAL NEEDS FLATS AND 6 AMENTIY SEMI-DETACHED DWELLINGS - FOR BEILD HOUSING ASSOCIATION

Councillor Sturrock, seconded by Bailie Corrigan, moved approval of the application subject to the conditions recommended by the Director of Planning and Transportation and subject to the additional condition that appropriate re-cycling facilities for the future occupants of the development shall be provided within the site prior to the first occupation of any of the buildings hereby granted permission; for the avoidance of doubt, details of the required facilities shall be submitted to and agreed in writing by the planning authority prior to the commencement of any development works, in order to provide appropriate on-site refuse collecting facilities for the future occupants of the development.

As an amendment, Councillor Grant, seconded by Councillor Hind, 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 - the Convener, Bailies Corrigan and Borthwick, and Councillors Keenan, Sturrock, Dick, Don, Duncan, Beattie, Andrew Dawson, FitzPatrick, and Fordyce (12); and for the amendment - Bailies Farquhar, Wright, Powrie and Mackie and Councillors Shimi, Grant, Hind, Morrow, Macpherson, Webster and Scott (11); whereupon the motion was declared carried.

(c) 03-00689-FUL - 126 CITY ROAD - ERECTION OF GARAGE AND FORMATION OF DRIVEWAY - FOR MRS E SYMON

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

(d) 03-00651-FUL - 24 HIGH STREET, LOCHEE - USE OF GROUND AS BEER GARDEN - FOR PUB ESTATES CO LIMITED

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

(i) the proposed development was contrary to Policy H1 of the Local Plan in that the use of the land for a beer garden would adversely affect the environmental quality enjoyed by local residents in terms of noise pollution, and

(ii) the proposed development would be contrary to Policy LT8 of the Local Plan in terms of its proximity to residential properties; and there are no material considerations that would justify the approval of this application contrary to the Local Plan.

(e) 03-00692-COU - FILLING STATION, CHARLESTON DRIVE - CHANGE OF USE FROM FUEL FILLING STATION AND CONVENIENCE STORE TO CAR SALES AND CONVENIENCE STORE AND ERECTION OF BOUNDARY FENCE AND GATE - FOR GIB LIMITED

The Committee acceded to a request which had been received for a deputation to address the Committee 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 the proposed development contravenes Policy S27 of the Dundee Local Plan 1998 that directs car sales businesses to areas in or adjacent to shopping locations or to industrial land other than prime industrial or business areas and there are no material considerations that would justify the approval of this application contrary to the Local Plan.

(f) 03-00705-OUT - KINGSPARK SCHOOL, GILLBURN ROAD - OUTLINE CONSENT FOR ERECTION OF NEW SECONDARY SCHOOL AND ASSOCIATED FACILITIES AND DEMOLITION OF EXISTING SCHOOL - FOR DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL

Councillor Grant declared a non-financial interest in this item by virtue of being related to two of the objectors to the application.

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to 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, Councillor Dick, seconded by Councillor Beattie, moved refusal of the application on the grounds that:-

(i) the proposal is contrary to Policy H1 of the Dundee Local Plan 1998 in that it detracts from the existing residential amenity. In particular, there will be a substantial detrimental impact upon the local community in traffic terms and the application fails to give satisfactory specific proposals to alleviate the impact of traffic upon the local community; and

(ii) the proposal is contrary to National Planning Policy Guideline 11 (NPPG 11) in that there will be short to medium term loss of sporting, physical recreation and other open space. The provision of other open space elsewhere in the city does not in the short to medium term compensate the Kirkton and Downfield communities for their loss.

As an amendment, the Convener, seconded by Councillor Scott, moved approval of the application subject to the conditions recommended by the Director of Planning and Transportation and subject to the additional condition that car parking spaces be provided on the basis of 100 staff car parking spaces, 10 visitors' car parking spaces and 3 disabled parking bays.

On a division there voted for the motion - Councillors Dick, Don, Beattie, Andrew Dawson and Fordyce (5); and for the amendment - the Convener, Bailies Farquhar, Wright, Corrigan, Powrie and Borthwick and Councillors Shimi, Keenan, Sturrock, Morrow, Macpherson, FitzPatrick, Webster and Scott (14); - Bailie Mackie and Councillors Hind and Duncan declining to vote and Councillor Grant being absent when the vote was taken - whereupon the amendment was declared carried.

(g) 03-00720-FUL - 9 MILLBAY GARDENS - RETROSPECTIVE CONSENT FOR NEW CONSERVATORY - FOR MR AND MRS GOURLAY

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

(h) 03-00733-FUL - 10 DUDHOPE TERRACE - 2 STOREY EXTENSION TO NURSING HOME (RE-SUBMISSION) - FOR CARMICHAEL NURSING HOME

The Committee acceded to a request which had been received for a deputation to address the Committee 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) that the proposal is contrary to policy H12 of the Dundee Local Plan 1998 by virtue of the fact that adequate parking arrangements have not been provided and there are no material considerations which warrant overturning policy in this case;

(ii) that the proposed extension is contrary to policies BE1, BE2, BE4, BE11 and BE17 of the Dundee Local Plan 1998 by virtue of it's siting and scale and its subsequent impact on the conservation area and listed building and there are no material considerations which warrant overturning policy in this case;

(iii) the proposal is contrary to the advice contained in the Memorandum of Guidance on Listed Buildings and Conservation Areas as it does not play a subordinate role in terms of scale and location; it overlays an important elevation of a listed building and it adversely affects the relationship of that building and the adjacent roadway;

(iv) The proposal is contrary to paragraphs 12 and 13 of NPPG 18 by virtue of the fact that proposal does not pay special regard to the historic and architectural interest of the listed building and does not preserve or enhance the character and appearance of the conservation area, respectively; and

(v) The proposal is contrary to policies 10, 15, 55, 60 61 and 62 of the finalised Dundee Local Plan 2003 by virtue of inadequate parking provision, siting and scale of the extension, impact on the conservation area and listed buildings and insufficient justification for the demolition of the building within the curtilage

(i) 03-00734-LBC - 10 DUDHOPE TERRACE - 2 STOREY EXTENSION TO NURSING HOME (RE-SUBMISSION) - FOR CARMICHAEL NURSING HOME

The Committee acceded to a request which had been received for a deputation to address the Committee 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 proposal is contrary to paragraphs 12 and 13 of NPPG 18 by virtue of the fact the proposal does not pay special regard to the historic and architectural interest of the listed building and does not preserve or enhance the character and appearance of the conservation area, respectively.

(ii) the proposal is contrary to the advice contained in the Memorandum of Guidance on Listed Buildings and Conservation Areas as it does not play a subordinate role in terms of scale, detail, location and materials; it overlays an important elevation of a listed building; it adversely affects the relationship of that building and the adjacent roadway and insufficient justification has been submitted for the demolition of the unlisted building in the curtilage.

(iii) that the proposed extension is contrary to policies BE1, BE2, BE4, BE11 and BE17 of the Dundee local plan 1998 by virtue of it's siting design, external appearance and impact on the conservation area and listed building and there are no material considerations which warrant overturning policy in this case.

(iv) the proposal is contrary to policies, 10, 15, 55, 60, 61 and 62 of the finalised Dundee Local Plan 2003 by virtue of inadequate parking provision, siting, design and external appearance of the extension, impact on the conservation area and listed building and insufficient justification for the demolition of the building within the curtilage.

(j) 03-00741-FUL - 12A BUGHTIES ROAD, BROUGHTY FERRY - ERECTION OF RETAINING GARDEN WALL - FOR MR J MILNE

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

(i) the proposed development would have an adverse impact on the existing environmental quality of the residents at 7 Reres Road through increased overlooking of the windows in the rear elevation and is, therefore, not in accordance with Housing Policy H1 of the Dundee Local Plan 1998. There are no material considerations that would justify departing from the policies of the development plan in this instance.

(ii) the proposed development would have an adverse impact on the existing environmental quality enjoyed by residents at 7 Reres Road through the increased overlooking of windows in the north elevation and would not be in accordance with Policy 1 of the Finalised Dundee Local Plan Review.

(k) 03-00743-COU - LAND TO EAST OF BROWN CONSTABLE STREET AND SOUTH OF ARTHURSTONE TERRACE - AMENDMENT TO PREVIOUS APPLICATION TO PERMIT THE USE OF GROUND FLOOR FLATS AS OFFICES FOR NCH SCOTLAND- FOR HILLCREST HOUSING ASSOCIATION

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

(l) TELEPHONE EXCHANGE, QUEEN STREET, BROUGHTY FERRY - INSTALLATION OF TELECOM EQUIPMENT FOR CROWN CASTLE INTERNATIONAL

This item was withdrawn.

(m) 18 KELSO STREET - ADDITION OF TWO DORMER WINDOWS - FOR MR AND MRS PERRIE

Councillor Don declared an interest in this item, by virtue of being a neighbour of the applicants, and also the objectors.

The Committee acceded to requests which had been received for deputations to address the Committee both in support of and relation to objections to the 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, this item was deferred to allow further dialogue between the applicant and the objectors.

(n) 03-00757-FUL - LAND TO NORTH OF DALHOUSIE ROAD AND EAST OF ABERCROMBIE STREET - ERECTION OF TWO DETACHED DWELLING HOUSES FOR BARNHILL ST MARGARETS PARISH CHURCH

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

(o) 03-00769-FUL - 72-76 MONIFIETH ROAD, BROUGHTY FERRY - ERECTION OF 24 APARTMENTS WITH ASSOCIATED CAR PARKING - FOR C AND L INVESTMENTS LIMITED

The Committee acceded to a request which had been received for a deputation to address the Committee 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 it attendance and withdrew.

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

(i) the proposed development is considered to be contrary to Housing Policy H10 of the Dundee Local Plan 1998 as it fails to meet the Design Guidelines for Residential Areas in terms of the House Type/Mix, Privacy and Parking and Garaging. There are no material considerations that would justify departing from the policies of the development plan in this instance.

(ii) the proposed development is considered to be contrary to Built Environment Policy BE11 of the Dundee Local Plan 1998 as it would not complement and enhance the establishment character of the Reres Hill Conservation Area given the design and finishing materials of the proposed building and the loss of the mature copper beech tree. There are no material consideration that would justify departing from the policies of the development plan in this instance.

(iii) the proposed development is considered to be contrary to Built Environment Policies BE1 and BE3 of the Dundee Local Plan 1998 as the design and materials would have a detrimental impact on the established character of the surrounding area. There are no material considerations that would justify departing from the policies of the development plan in this instance.

(iv) the proposed development is not in accordance with Policy 4 and Appendix 1 of the Finalised Dundee Local Plan Review as it fails to meet the criteria for new residential developments within the suburban areas.

(v) the proposed development is considered not to be in accordance with Policy 61 of the Finalised Dundee Local Plan Review as it would neither preserve nor enhance the established character of the Reres Hill Conservation Area given the design and finishing materials of the proposed building and the loss of a mature Copper Beech tree.

(p) 03-00710-FUL - LAND TO EAST OF EAST WHALE LANE, EAST DOCK STREET - AMENDMENT TO PREVIOUS CONSENT TO ACCOMMODATE 2507 SQUARE METRE HEALTH AND FITNESS CLUB, ADDITIONAL CAR PARKING, ELEVATIONAL ALTERATIONS, WITH DELETION OF FAST FOOD DRIVE-THROUGH RESTAURANT - FOR GALLACHER DEVELOPMENTS

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

(q) 03-00775-FUL - 13A STAWBERRYBANK - REMOVAL OF SECTION OF WALL TO ALLOW FOR VEHICULAR ACCESS - FOR MISS K EYLES

The Committee acceded to a request which had been received for a deputation to address the Committee 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, Bailie Powrie, seconded by Councillor Macpherson, moved approval of the application subject to the conditions that:

(i) notwithstanding the docquetted plans the precise details of the stone pier to be rebuilt be agreed in writing to the satisfaction of the planning authority prior to commencement of the development on site;

(ii) the type of pavior to be used for the construction of the driveway be agreed in writing to the satisfaction of the planning authority prior to the commencement of development on site; and

(iii) the adjacent footway on Strawberry Bank be reinstated to the satisfaction of the planning authority. Agreement to be confirmed in writing.

As an amendment, the Convener, seconded by Councillor Scott, moved refusal of the application on the grounds that:-

(i) The proposal is contrary to policy BE11 of the Dundee Local Plan 1998 as the breach in the wall would have an adverse affect on the appearance and character of the Perth Lanes Road Conservation Area and, if approved, would set an undesirable precedent for applications of a similar nature. There are no material considerations which would justify this policy being set aside in this case.

(ii) The proposal would be contrary to the Council approved policy "Breaches In Boundary Walls" as the removal of the wall represents further deterioration of the local townscape in an area where the remaining walls take on a higher value as a result of previous breaches.

(iii) That the proposal is contrary to the terms of NPPG 18 (and subsequently the national requirement as outlined in section 64 of the 1997 Act) and the Memorandum of Guidance on Listed Buildings and Conservation Areas in so far as the proposal will fail to preserve and enhance the character and appearance of the conservation area.

(iv) That the proposal is contrary to policy 61 of the Finalised Local Plan Review in so far as it contributes to the erosion of an interesting landscape feature which defines the historic street pattern, to the detriment of the character and appearance of the area.

On a division, there voted for the motion - Bailies Farquhar, Corrigan, Powrie, Mackie and Borthwick and Councillors Shimi, Sturrock, Morrow, Macpherson, Dick, Don, Duncan, Andrew Dawson, Fitzpatrick, Fordyce and Webster (16); and for the amendment - the Convener and Councillors Keenan, Grant, Hind and Scott (5); Bailie Wright being absent when the vote was taken and Councillor Beattie declining to vote.

(v) 03-00804-FUL - LAND TO THE EAST OF DOUGLAS ROAD AND SOUTH OF BALUNIE DRIVE - PROPOSED INDOOR SKATEPARK DEVELOPMENT AND ASSOCIATED CAR PARKING - FOR THE FACTORY SKATEPARK II LIMITED

Councillor FitzPatrick declared an interest in this item by virtue of having stated his support of this project in the press.

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 case and answered questions from members of the Committee, they were thanked for their 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 the additional condition that all amplified music and vocals shall be so controlled as to be inaudible at the boundary of the development site.

ROD WALLACE, Convener.