Planning Committee (including Former Development Management And Development Quality) - 26/01/2004

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 26th January, 2004.

Present:-

BAILIES

COUNCILLORS

Councillor WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 1st December, 2003 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 00-24809-D - LAND TO WEST OF SPORTS CENTRE, SOUTH ROAD - ERECTION OF FOOD SUPERSTORE, PETROL FILLING STATION AND ANCILLARY WORKS FOR ASDA STORES LIMITED

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 cases and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

Thereafter, after considering objections received; Councillor Don, seconded by Councillor Duncan, moved refusal of the application on the grounds that:-

(i) the proposed food superstore is considered to be contrary to Retailing Policy S20 of the Dundee Local Plan 1998 and to Town Centres and Retailing Policy 4 of the Dundee and Angus Structure Plan 2001-2016 as the cumulative impact would prejudice the vitality and viability of existing shopping centres. There are no material considerations that would justify departing from the policies of the development plan in this instance; and

(ii) the proposed development is considered to be contrary to Open Space Policy OS1 of the Dundee Local Plan 1998 and Environmental Resources Policy 5B of the Dundee and Angus Structure Plan 2001-2016 as it would result in the loss of a significant area of open space. There are no material considerations that would justify departing from the policies of the development plan in this instance.

As an amendment, the Convener, seconded by the Lord Provost, moved approval of the application subject to the conditions recommended by the Director of Planning and Transportation with the proviso that conditions (6) and (7) be amended to read "the use of the compactor shall only take place between 0900 to 2000 hours", and "the testing of all standby generators shall only take place between 0900 to 2000 hours Monday to Saturday", and subject to an additional condition (22) that "details of the proposed pedestrian crossing to the east of the new access shall be submitted to the Council for approval prior to the commencement of the development and, if approved, the development shall be carried out only in full in accordance with such approval details, in the interests of pedestrian and traffic safety."

On a division, there voted for the motion - Bailies Corrigan, Powrie and Borthwick and Councillors Sturrock, Dick, Don, Duncan, Beattie, Fitzpatrick, Barrie, Will Dawson and Fordyce (12); and for the amendment - the Convener, the Lord Provost, Bailies Farquhar and Mackie, and Councillors Shimi, Keenan, Grant, Hind, Morrow, Macpherson, Sawers, Roberts, Webster and Scott (14); whereupon the amendment was declared carried.

(b) 03-00030-COU - BROUGHTY FERRY RAILWAY STATION, SOUTH PLATFORM, GRAY STREET, BROUGHTY FERRY - CHANGE OF USE TO FORM RESTAURANT FOR MORRISON CONSTRUCTION LIMITED

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

(c) 03-00424-FUL - MICHELIN TYRE CO, BALDOVIE ROAD - ERECTION OF THREE WIND TURBINES AND ASSOCIATED ALTERATIONS TO INTERNAL ROAD FOR MICHELIN TYRE PLC

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 cases and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

Thereafter, having considered objections received, Bailie Corrigan seconded by Bailie Borthwick, moved refusal of the application on the grounds that the noise impact and visual intrusion of the proposed development would be detrimental to residential amenity.

As an amendment, the Convener, seconded by Lord Provost Letford, moved approval of the application subject to the conditions recommended by Director of Planning and Transportation and the additional condition, that details of the method of ensuring that the proposed wind turbines do not interfere with the movement of aircraft using RAF Leuchars shall be submitted to the satisfaction of the Council prior to the commencement of development and the development shall only be carried out in accordance with such approved details, in order to ensure that the proposed development does not interfere with aircraft movement.

On a division, there voted for the motion, Bailies Corrigan and Powrie and Borthwick and Councillors Macpherson, Dick and Duncan (6); and for the amendment - the Convener, Lord Provost Letford, Bailies Farquhar and Mackie and Councillors Shimi, Keenan, Sturrock, Grant, Hind, Morrow, Don, Beattie, Sawers, Fitzpatrick, Roberts, Barrie, Will Dawson, Fordyce, Webster and Scott (20); whereupon the amendment was declared carried.

(d) 03-00497-OUT - LAND TO EAST OF 309 BLACKNESS ROAD - OUTLINE CONSENT FOR THE ERECTION OF EIGHT DWELLINGHOUSES FOR BALGAY CHILDREN'S SOCIETY

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

(i) the proposal was contrary to the principles underlining Policy SCE1 of the Dundee Local Plan 1998 in as much as it did not represent the retention of a site related to a community facility and would result in the diminution of the function of this facility; there were no material considerations to outweigh policy in this case; and

(ii) the principle of development had not been established in this case as justification for the loss of the ground as a school facility had not been made and no alternative provision had been proposed.

(e) 03-00695-FUL - 90 WEST MARKETGAIT - MIXED USE DEVELOPMENT INCLUDING A HOTEL, BAR/RESTAURANT AND OFFICES FOR AWG DEVELOPMENTS LIMITED

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

(f) 03-00726-FUL - LAND EAST OF DAVID STREET/WEST OF AMBROSE STREET, BROUGHTY FERRY - ERECTION OF PROPOSED NEW SCOUT HALL AND RESIDENTIAL DEVELOPMENT FOR BROUGHTY FERRY SCOUT GROUP

Councillor Webster declared a non-financial interest in this item by virtue of residing in close proximity to the proposed development.

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

(g) 03-00756-FUL - 18 KELSO PLACE - ADDITION OF TWO DORMER WINDOWS FOR MR AND MRS PERRIE

Councillor Don declared a non-financial interest in this item by virtue of residing in close proximity to the proposed development.

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

(h) 03-00758-FUL - LAND TO NORTH OF 16A GREENDYKES ROAD - CHANGE OF USE FROM OPEN SPACE GROUND TO PARKING BAYS FOR MS A McAULAY

Councillor Sawers declared a non-financial interest in this item by virtue of residing in close proximity to the proposed development.

After considering objections received Bailie Borthwick, seconded by Bailie Mackie, moved approval of the application, subject to conditions recommended by the Director of Planning and Transportation.

As an amendment, Bailie Corrigan, seconded by Councillor Fitzpatrick, moved refusal of the application on the grounds that the proposed development was contrary to Housing Policy H1 of the Dundee Local Plan 1998 and Policy 1 of the Finalised Dundee Local Plan Review as it would detract from the existing environmental quality enjoyed by residents due to the adverse effect on the visual appearance of the surrounding area and would have an adverse effect on traffic safety in the area. There were no material considerations that would justify departing from the policies of the Development Plan in this instance.

On a division there voted for the motion - Bailies Farquhar, Mackie and Borthwick, Councillors Sturrock, Hind, Beattie, Roberts, Barrie, Webster and Scott (10); and for the amendment - the Convener, Lord Provost Letford, Bailies Corrigan and Powrie, and Councillors Shimi, Keenan, Grant, Morrow, Macpherson, Dick, Don, Duncan, Fitzpatrick, Will Dawson and Fordyce (15); Councillor Sawers declining to vote - whereupon the amendment was declared carried.

(i) 03-00759-OUT - FORMER RAILYARD SITE, GREENMARKET - MASTER PLAN FOR DIGITAL MEDIA/CLASS 4 BUSINESS, COMMERCIAL AND RESIDENTIAL USE FOR SCOTTISH ENTERPRISE TAYSIDE

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

(j) 03-00770-COU - 76 BROOK STREET, DUNDEE - CHANGE OF USE TO HOT FOOD TAKEAWAY 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.

(k) 03-00786-COU - UNIT 18B. HAPPYHILLOCK SHOPPING CENTRE, LINTON STREET - CHANGE OF USE FROM VACANT UNIT TO AMUSEMENT ARCADE FOR MR P DOIG

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

(l) 03-00793-COU - 95 DUNDEE ROAD, BROUGHTY FERRY - CHANGE OF USE FROM OFFICE PREMISES TO CHILDREN'S DAY CARE NURSERY FOR MR I FINNIE

The Committee acceded to requests which had been received for deputations to address the Committee 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 proposed development would adversely affect traffic and pedestrian safety by reason of the increased usage of the existing access point at Dundee Road and taking into account:-

the high volumes of traffic on Dundee Road; the proximity of the site access to the pedestrian refuge, bus stop and to various accesses onto Dundee Road including the entrance to Taypark, Ogilvie Road and Ellieslea Road; and the likelihood of right turning traffic; and

(ii) the proposed development would adversely affect the residential amenities enjoyed by adjoining occupiers and protected by Policy H1 of the adopted Dundee Local Plan 1998 by reason of increased levels of traffic using the private driveway to 95 Dundee Road, increased parking demands within the site and noise from the operation of the nursery and the use of the outdoor play areas.

(m) 03-00803-FUL - 21 CLEGHORN STREET - ERECTION OF TWO TOWN HOUSES WITH INTEGRAL GARAGES FOR RAFAH RASHID

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

(n) 03-00822-LBC - 9 WELLINGTON STREET - REPLACEMENT WINDOWS FOR MOHAMMED ASIF

Lord Provost Letford, Bailies Farquhar and Mackie, and Councillors Morrow, Sturrock, Webster and Grant declared a non-financial interest in this application by virtue of knowing the applicant.

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 replacement windows would detract from the character and appearance of the listed building by reason of the use of upvc as a finishing material, the use of plant on as opposed to genuine astragals and the method of opening which allows the panes to tilt inwards and the approval of the proposed windows would contravene the statutory duty set out in Section 59 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, Policy BE17 of the adopted Dundee Local Plan 1998 and Policy 60 of the Finalised Dundee Local Plan Review.

(o) 03-00807-FUL - LAND TO THE WEST OF 101 CLEPINGTON ROAD - INSTALLATION OF ADDITIONAL STORAGE UNITS FOR CASTLECROFT SECURITIES LIMITED

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

(p) 03-00828-FUL - MAYFIELD SPORTS FOUNDS, ARBROATH ROAD - ERECTION OF NEW SPORTS CENTRE AND ASSOCIATED WORKS FOR THE HIGH SCHOOL OF DUNDEE

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

(q) ARDLER, SITES 4 AND 5, TURNBERRY AVENUE - DEMOLITION OF EXISTING BUILDINGS AND ERECTION OF 215 DWELLINGHOUSES FOR SANCTUARY (SCOTLAND)

The Committee agreed to defer this application.

(r) UNIT 1, KEILLOR BUILDINGS, MAINS LOAN - CHANGE OF USE FROM FOOD MANUFACTURING AND VISITOR CENTRE TO CHILDREN'S PLAY CENTRE FOR JUNGLE KIDS

This item was withdrawn.

(s) 03-00863-REM - FORMER FILLING STATION, 140 ARBROATH ROAD - APPROVAL OF RESERVED MATTERS FOR THE ERECTION OF RETAIL UNIT AND OFFICE FOR SANOBEG DEVELOPMENTS LIMITED

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

II PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN33-2004 detailing the undernoted decisions.

(a) LAND TO SOUTHEAST OF MULTI-STOREY CAR PARK, GELLATLY STREET, DUNDEE - APPLICATION FOR THE APPROVAL OF RESERVED MATTERS IN RESPECT OF A PLANNING PERMISSION IN OUTLINE FOR RESIDENTIAL DEVELOPMENT GRANTED BY THE COUNCIL IN AUGUST 1998

Reference was made to Article VII(c) of the minute of meeting of this Committee of 30th September, 2002 wherein the above proposal was refused planning permission.

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) LAND AT 17 CAMPERDOWN STREET, BROUGHTY FERRY, DUNDEE - PROPOSED ERECTION OF 1.5 OR 2 STOREY HOUSE (OUTLINE APPLICATION)

Reference was made to Article VIII(e) of the minute of meeting of this Committee of 27th May, 2003 wherein the above proposal was refused planning permission because the Council considered that the proposal was contrary to Policies H10, BE4 and BE11 of the adopted Dundee Local Plan and Policies 4, 15 and 61 of the Finalised Dundee Local Plan Review concerning matters of density and design standards.

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.

(c) CLAIMS FOR AWARD OF EXPENSES - HAZARDOUS SUBSTANCES APPEAL - SOUTH OF STANNERGATE ROAD, DUNDEE

Reference was made to Article 1(b) of the minute of meeting of this Committee of 27th October, 2003 wherein the Committee noted that the appeal in respect of a proposal to store up to 5,000 tonnes of ammonium nitrate fertiliser on land south of Stannergate Road was dismissed and that both parties to the appeal had submitted claims for the award of expenses.

It was reported that both claims for expenses had been dismissed.

III BUILDING (SCOTLAND) ACT 1949 - SECTION 13 - DANGEROUS BUILDINGS

There was submitted Report No 12-2004 by the Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during the month of October 2003.

The Committee noted the contents of the report.

IV DRAFT DEVELOPMENT BRIEF, DUNDEE STATION

There was submitted Agenda Note AN34-2004 making reference to Article III of the minute of meeting of the Planning and Transportation Committee of 1st December, 2003 wherein it was agreed inter alia to refer the above mentioned brief to this Committee as a material consideration to the determination of planning applications.

The Committee noted accordingly.

V SCHOOLS PPP DRAFT SITE PLANNING BRIEFS - CONSULTATION RESPONSE

There was submitted Agenda Note AN35-2004 making reference to Article V of the minute of meeting of the Planning and Transportation Committee of 1st December, 2003 wherein it was agreed inter alia to refer the above mentioned brief to this Committee as a material consideration in the determination of planning applications.

The Committee noted accordingly.

VI APPEAL DECISION - ARBROATH MOTORS, 217 ARBROATH ROAD, DUNDEE - APPLICATION FORPLANNING PERMISSION FOR A 12.5 METRE HIGH TELECOMMUNICATIONS MONOPOLE WITH

There was submitted agenda note AN42-2004, making reference to Article IV (o) of the minute of meeting of this Committee of 31st March 2003 wherein the above proposal was refused planning permission on the grounds that the proposed mast would have an adverse visual impact on the immediate and surrounding area and therefore detract from the amenities enjoyed by neighbours and contravene policies H1 and B31 of the Adopted Local Plan, Policy 1 and the supplementary guidance to Policy 78 of the Finalised Dundee Local Plan Review and the terms of NPPG19 and PAN62.

It was reported that the decision was subsequently appealed by the applicants under the provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997, and the appeal had been upheld.

The Committee expressed its concern at the comments made by the Reporter in determining this appeal, and noted that the appropriate officers were continuing to make representations regarding the appeal procedure and legislation.

In addition, the Committee agreed that, subject to legal advice, consideration be given to approaches being made to the applicant with a view to meeting with appropriate officers, the Convener and the local elected member to ask the applicant to reconsider the use of this site, and to consider alternative sites.

ROD WALLACE, Convener.