Planning Committee (including Former Development Management And Development Quality) - 23/02/2004

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 23rd February, 2004.

Present:-

BAILIES

COUNCILLORS

Councillor WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 26th January, 2004 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 03-00650-OUT - LAND TO NORTH OF A92, EAST OF LINLATHEN LANE, WEST OF BALMOSSIE BRIDGE, ARBROATH ROAD - OUTLINE APPLICATION FOR 147 RESIDENTIAL DWELLINGS - FOR AWG RESIDENTIAL

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

(b) 03-00680-COU - HIGH MILL, HIGH MILL COURT - CHANGE OF USE FROM EMPTY BASEMENT UNITS TO 3 FLATS - FOR CHARLES MACGREGOR

After considering objections received, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation, and subject to an additional condition that the existing tree located adjacent to the proposed new window opening for the eastmost flat on the north side of the High Mill building shall not be topped, lopped, removed or disturbed in any way without the prior written approval of the planning authority, in order to maintain the contribution of existing trees to the landscape quality of the area.

(c) 03-00682-FUL - LAND WEST OF UNION PLACE AND EAST OF TAYLOR'S LANE - ERECTION OF SEVEN HOUSES - FOR CHARLES MACGREGOR

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

(d) 03-00841-COU - BLOCK 1A, UNIT 8, DUNSINANE AVENUE - CHANGE OF USE FROM FORECOURT TO CAR WASH - FOR RONALD PETRIE

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

(i) the proposed development is contrary to Policy EU2 Prime Industrial Estates in the Dundee Local Plan 1998 as the use of the site as a car wash is not an acceptable use for this site within Dunsinane Industrial Estate and there are no material considerations of sufficient strength to support the granting of planning permission contrary to that policy;

(ii) the proposed development is contrary to Policy EU3 The Kingsway West Corridor in the Dundee Local Plan 1998 as the policy is for the redevelopment of poor quality buildings within the industrial estate and the proposed investment in the site is likely to prejudice the implementation of regeneration proposals and there are no material considerations of sufficient strength to support the granting of planning permission contrary to that policy;

(iii) the proposed development is contrary to Policy 24 Principal Economic Development Areas in the Finalised Dundee Local Plan 2003 as the proposed use is not within the acceptable categories of use and does not satisfy the criteria for an exception to this policy as defined by Policy 27;

(iv) the proposed development is contrary to Policy 27 Ancillary Services within Economic Development Areas in the Finalised Dundee Local Plan 2003 as the proposed use does not have suitable access arrangements for vehicles;

(v) the use of the site for a car wash is unacceptable as the exit from the site is insufficient to allow vehicles to turn safely onto the service road and the resulting customer traffic on to a service road used by heavy and commercial vehicles is not in the interests of road safety.

(e) 03-00850-FUL - 14 BUGHTIES ROAD, BROUGHTY FERRY - ERECTION OF SUMMERHOUSE AND FORMATION OF POND - FOR DR J A BARNES

Councillor Webster declared a non-financial interest in this application by virtue of being a close personal friend of the applicant.

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

(f) 03-00859-FUL - 169 TO 171 ALBERT STREET - UPGRADING OF SHOP FACADES AND CHANGE OF USE OF ONE UNIT FROM SHOP TO CAFE - FOR MRS S BUTTON

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

(g) 03-00869-LBC - 78 NORTH LINDSAY STREET - ELEVATIONAL ALTERATIONS FOR FRESH

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

(i) the proposed window by virtue of its siting, design and external appearance does not have due regard to the building's special architectural features or its historic interest and therefore fails to meet the statutory requirement outlined in Section 59 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and stated in Paragraph 42 of NPPG18;

(ii) the proposed alterations to this listed building do not have due regard to the restoration or enhancement of the architectural and historic character of the building, by virtue of the siting, scale and proportions of the window and as such is contrary to policy BE17 of the Dundee Local Plan 1998;

(iii) the proposal is contrary to the advice given in the Memorandum of Guidance on Listed Buildings and Conservation Areas paragraph 1.2.1 as it represents the insertion of a window into an original, symmetrical, well balanced elevation with a high proportion of wall to window.

(h) 03-00872-FUL - LAND WEST OF WALTON STREET/SOUTH OF BROOK STREET - ERECTION OF 25 THREE STOREY TOWNHOUSES - FOR H & H PROPERTIES

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

(i) 03-00905-FUL - BLOCK 1 TO 18, 55 TO 72 AND LOCK UPS, CARBERRY CRESCENT - CONSTRUCTION OF 31 DWELLINGS AND DEMOLITION OF EXISTING FLATS - FOR HOME IN SCOTLAND

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

(j) 03-00911-FUL - PINE GROVE, 334 PERTH ROAD - CONVERSION OF STUDENT RESIDENCES TO FORM 4 TOWNHOUSES, CONSTRUCTION OF FIVE NEW TOWNHOUSES, TWELVE NEW APARTMENTS AND FORMATION OF NEW ROAD ACCESS - FOR DUNCARSE LTD/ABERTAY UNIVERSITY

After considering objections received, the Committee refused 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 and does not complement and enhance the character of the Conservation Area by reason of 1. The loss of the specimen tree and central gardens 2. The lack of relationship between the original house and the design and materials of the new buildings 3. The impact of scale and position of the new development on the principal elevation of the original house. There are no material considerations of sufficient strength to support the granting of planning permission contrary to that policy;

(iii) the proposed development is contrary to Policy 4 "Design of New Housing" in the Finalised Dundee Local Plan Review 2003 as it fails to conform with the Design Standards contained in Appendix 1 to that policy in respect of the justification for the new flatted development, the lack of garage provision to the houses and the provision of usable private garden ground to the proposed flats;

(iv) the proposed development is contrary to Policy 61 "Development in Conservation Areas" in the Finalised Dundee Local Plan Review 2003 as it does not preserve or enhance the character of the Conservation Area by reason of 1. The loss of the specimen tree and central gardens 2. The lack of relationship between the original house and the design and materials of the new buildings 3. The impact of scale and position of the new development on the principal elevation of the original house.

(k) 03-00915-COU - 210 PERTH ROAD - CHANGE OF USE FROM SHOP TO NON-LICENSED CAFE WITH ACCESS RAMPS AND ELEVATIONAL ALTERATIONS - FOR MR S TAYLOR

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

(l) 03-00921-FUL - 8 CHURCH COURT, 10 EAST HOME STREET, BROUGHTY FERRY - INSTALLATION OF SATELLITE DISH ON REAR ELEVATION - FOR MRS C GORDON

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

(m) 34 ALBERT ROAD, BROUGHTY FERRY - ERECTION OF SINGLE STOREY 10 SINGLE BED/EN-SUITE UNIT - FOR GUIDEFIRST CONSULTANTS

This application was withdrawn.

(n) 03-00968-FUL - FORMER LINLATHEN HIGH SCHOOL, FORFAR ROAD - FOODSTORE AND PETROL FILLING STATION WITH ASSOCIATED CAR PARKING, SERVICING AND ROADS ALTERATIONS TO CREATE NEW ACCESS FOR W M MORRISON SUPERMARKETS

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

(o) 03-00972-FUL - LAND AT GRAMPIAN GARDENS, CHEVIOT CRESCENT - ERECTION OF 44 DWELLINGS AND 12 FLATS AND NEW SURFACE WATER DETENTION POND - FOR ABERTAY HOUSING ASSOCIATION

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

(p) 03-00974-FUL - LAND TO EAST OF BALDOVIE ROAD AND SOUTH OF TOM JOHNSTON ROAD - ERECTION OF RESTAURANT WITH DRIVE THROUGH FACILITY - FOR YUM LTD

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

(q) 03-00978-FUL - 12A BUGHTIES ROAD - ERECTION OF RETAINING WALL - FOR MR J MILNE

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

(r) 03-00982-FUL - 34 NEWHALL GARDENS - EXTENSION TO DWELLINGHOUSE - FOR MR AND MRS T GOW

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

(s) 03-00855-FUL - ARDLER SITES 4 & 5, TURNBERRY AVENUE - DEMOLITION OF EXISTING BUILDINGS AND ERECTION OF 215 HOUSES - FOR SANCTUARY (SCOTLAND) HOUSING ASSOCIATION

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

II PLANNING APPEAL DECISION, 32 TAITS LANE, DUNDEE - APPLICATION FOR CHANGE OF USE FROMDWELLINGHOUSE TO HOUSE IN MULTIPLE OCCUPANCY (HMO)

Bailie Mackie declared a non-financial interest in the item by virtue of his position of the Licensing Committee.

There was submitted Agenda Note AN76-2004 relative to the above proposal which was refused planning permission under delegated powers on 4th April, 2003.

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 upheld.

III REQUEST FOR DIRECT ACTION AT FORMER HOMEBASE STORE, RIVERSIDE DRIVE

There was submitted Report No 80-2004 by the Director of Planning and Transportation seeking agreement for the Director of Planning and Transportation, in consultation with the Depute Chief Executive (Support Services), to take appropriate action to seek compliance with a Wasteland Notice, at the former Homebase Store on Riverside Drive, Dundee.

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

IV REQUEST FOR DIRECT ACTION AT 3 TO 7 ERSKINE LANE, BROUGHTY FERRY

There was submitted Report No 81-2004 seeking agreement to the Director of Planning and Transportation, in consultation with the Depute Chief Executive (Support Services), taking appropriate action to seek compliance with an Advertisement Enforcement Notice in respect of a restaurant on the west side of Erskine Lane, Broughty Ferry, Dundee.

The Committee authorised action under the terms of Paragraph 2b of Control and Advertisements (Scotland) Regulations 1984, to allow the Council to enter onto land and take necessary steps to comply with the terms of the Advertisement Notice having noted that any expenses reasonably incurred by the Council taking such action would be recovered from the landowner.

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

There was submitted Report No 90-2004 by the Director of Planning and Transportation advising the Committee of action taken in dealing with dangerous buildings during the months of November and December, 2003.

The Committee noted the contents of the report.

ROD WALLACE, Convener.