Planning Committee (including Former Development Management And Development Quality) - 29/03/2004

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 29th March, 2004.

Present:-

BAILIES

COUNCILLORS

Councillor WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 23rd February, 2004 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 03-00681-FUL - LAND TO THE SOUTH OF STEVENS YARD, SHEPHERD'S LOAN - ERECTION OF 2 TOWN HOUSES WITH CAR PARKING FOR CHARLES MACGREGOR

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

(i) the proposed development by virtue of its design, scale and appearance does not have due regard to the surrounding conservation area and adjacent Category A Listed Building and consequently fails to meet the requirements of Polices H1, H4, BE1 and BE11 of the Dundee Local Plan 1998; and

(ii) the proposed development by virtue of its design, scale and appearance does not have due regard to the surrounding conservation area and adjacent Category A Listed Building and consequently, fails to meet the requirements of Policy 1, Policy 4 and Policy 63 of the Finalised Local Plan Review.

(b) 03-00683-LBC - HIGH MILL, HIGH MILL COURT - ALTERATIONS TO FORM 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.

(c) 03-00843-FUL - LAND TO THE NORTH OF HAREFIELD ROAD/EAST OF KINGS CROSS ROAD - ERECTION OF 3 BAY CAR WASH AND CAR VACUUMING UNITS FOR THE EXTREME CAR WASH COMPANY

The Committee acceded to a request 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 application on the grounds that :-

(i) the proposed development is contrary to Proposal H23 of the Dundee Local Plan 1998 as the site is identified for housing;

(ii) the proposed development is contrary to Policy H1 Existing Residential Areas of the Dundee Local Plan 1998 as there would be an adverse effect on the environmental quality enjoyed by local residents by virtue of the cumulative effects of design, layout, traffic movements and noise. 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 BE1 Design Quality of the Dundee Local Plan 1998 as the development is not of high quality design or composition and does not integrate with its surroundings as regards scale, form, siting and materials. There are no material considerations of sufficient strength to support the granting of planning permission contrary to that policy;

(iv) the proposed development is contrary to Policy 1 Vibrant and Sustainable Communities of the Finalised Dundee Local Plan Review 2003 as the adverse effect on the environmental quality enjoyed by local residents by virtue of the cumulative effects of design, layout, traffic movements and noise is not sufficiently minimised; and

(v) the proposed development is contrary to Policy 55 Urban Design of the Finalised Dundee Local Plan Review 2003 as the development is not of a sufficiently high quality of design or composition as regards scale, form, siting and materials within the context of the site.

(d) 03-00975-FUL - BURNSIDE MILL, MILNES EAST WYND - CONVERSION OF FORMER MILL TO A HOUSING SUPPORT CENTRE WITH 20 SINGLE PERSON UNITS AND ADDITIONAL INTEGRATED TRAINING FACILITIES FOR HILLCREST HOUSING ASSOCIATION

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

(e) 4 MONTAGUE STREET, BROUGHTY FERRY - ERECTION OF NEW HOUSE FOR MR AND MRS R GORDON

This item was withdrawn.

(f) 4 MONTAGUE STREET, BROUGHTY FERRY - ERECTION OF NEW OFFICE BUILDING ANCILLARY TO DWELLINGHOUSE FOR MRS AND MRS S GORDON

This item was withdrawn.

(g) 04-00029-FUL - LAND TO THE NORTH OF FLEUCHAR STREET - ERECTION OF SINGLE STOREY RESPITE CARE FACILITY FOR SENSE SCOTLAND LTD

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

(h) 04-00056-COU - 8 WALTON STREET - CHANGE OF USE FROM CAR REPAIR WORKSHOP (CLASS 5) TO LICENSED GROCERS (CLASS I) FOR MONSIF ALI

The Committee acceded to a request 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 application on the grounds that :-

(i) the proposal is contrary to policy S19 of the Dundee Local Plan 1998 as it represents the development of a local retail unit with a gross floorspace in excess of 250m2, in an area where the provision of such units is not low, as alternatives in the immediate vicinity have been secured;

(ii) the proposal is contrary to policy S20 of the Dundee Local Plan 1998 as it does not provide for significant improvements in the distribution of local shopping provision, there are alternative suitable sites available in the local area, it does not represent the reuse of vacant or derelict land and it is not as well located in relation to public transport as alternative retail sites provided; and

(iii) the proposal is contrary to policy 43 and 45 of the Finalised Local Plan Review 2003 as the Development is in excess of 250m2 gross floorspace and no justification has been put forward by the applicants demonstrating a need for such use in relation to an assessment of local provision. In addition the proposal does not address a local shopping deficiency, there are other suitable retail sites available in the local area and it is not as readily available by public transport as other units already provided.

(i) 04-00042-FUL - 40 COUPAR ANGUS ROAD - ALTERATIONS AND EXTENSION TO HOTEL FOR MS KAREN MARR

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

(j) 04-00047-FUL - 11A DAVIDSON STREET, BROUGHTY FERRY - FORMATION OF HARD STANDING FOR TWO CAR PARKING SPACES FOR MS M OLTEAW-DUMBNAVA

The Committee acceded to a request 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 proposed development is considered to be contrary to Built Environment Policy BE11 of the Dundee Local Plan 1998, Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and Policy 61 of the Finalised Dundee Local Plan Review as it would neither complement, enhance or preserve the character of this part of the Forthill Conservation Area. There are no material considerations that would justify a departure to the development plan in this instance; and

(ii) the proposed development is considered to be contrary to the advice contained within the Council's Non-Statutory Guidance on Breaches in Boundary Walls in Conservation Areas as it would:-

(a) result in car parking in the front garden in an area where there is not a predominance of existing authorised front garden parking; and

(b) the works would damage the wall to the detriment of the conservation area.

(k) 04-00055-COU - 120 HIGH STREET, LOCHEE - CHANGE OF USE TO SUNBED SALON FOR CONSOL SUN CENTRE

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

(l) 1A CARDEAN STREET - SECOND STOREY EXTENSION TO EXISTING FUNERAL DIRECTORS FOR JAMES ASHTON AND SONS LTD

The Committee acceded to requests for deputations to address the Committee both in support of and 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, the Committee agreed to defer the application for one month to allow further dialogue between the applicant and the objectors.

(m) 04-00102-FUL - 47 ALBERT ROAD, BROUGHTY FERRY - ERECTION OF DWELLINGHOUSE WITHIN EXISTING GARDEN GROUND FOR MRS AND MRS D FRENCH

The Committee acceded 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, the Committee refused the application on the grounds that:-

(i) the proposed development contravenes Policy H10 of the adopted Local Plan by reason of the inadequate provision of useable private garden ground for existing and proposed houses, Policy BE4(B) and BE4(I) of the adopted Local Plan by reason of overdevelopment of the original garden ground of "Taymount" and the adverse impact on trees and ENV12 of the adopted Local Plan by reason of the loss of trees which are protected by a TPO. It is considered that there are no material considerations which would justify the approval of the proposed development contrary to the provisions of the adopted Local Plan;

(ii) the proposed development would have an adverse impact on the setting of "Taymount" (a category B listed building) contrary to Section 59 of the Planning (Listed Buildings and Conservation Areas (Scotland) Act 1997 by reason of the siting of the proposed new house and the loss of trees and shrubs along the driveway and within the former garden of the listed building; and

(iii) the proposed development contravenes Policy 4 of the Finalised Local Plan Review by reason of the inadequate provision of useable private garden ground for existing and proposed houses, Policy 15 (b), (d) and (h) of the Finalised Local Plan Review by reason of overdevelopment of the original garden ground of "Taymount", increasing the prevailing density in the area and the adverse impact on trees and Policy 72 of the Finalised Local Plan Review by reason of the loss of trees which are protected by a TPO.

(n) LAND TO THE WEST OF 18 CAMPHILL ROAD, BROUGHTY FERRY - OUTLINE CONSENT FOR THE ERECTION OF ONE DETACHED TWO STOREY, THREE BEDROOM HOUSE FOR ORDERSPACE LTD

This item was withdrawn.

II BUILDING (SCOTLAND) ACT, 1959 SECTION 13 DANGEROUS BUILDINGS

There was submitted Report No 198-2004 by Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during January, 2004.

The Committee noted the contents of the report.

ROD WALLACE, Convener.