Planning Committee (including Former Development Management And Development Quality) - 26/04/2004

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

Present:-

BAILIES

COUNCILLORS

Councillor WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 29th March, 2004 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 03-00871-FUL CAR PARK, MAIN STREET, DUNDEE ERECTION OF FOODSTORE FOR STAINTON CAPITAL (FOXHOUND) LTD

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

(b)4 BALMYLE ROAD, BROUGHTY FERRY, DUNDEE ERECTION OF CONSERVATORY FOR MR S AITKEN

The Committee acceded to a request 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 having considered objections received, the Committee deferred consideration of the application to allow further dialogue between the applicant and the objector.

(c) 04-00049-FUL BELMONT HALLS OF RESIDENCE, BALFOUR STREET, DUNDEE DEMOLITION OF EXISTING AND ERECTION OF NEW STUDENT RESIDENCES FOR UNIVERSITY OF DUNDEE

Councillor Webster declared a non-financial interest in this application by virtue of his employment by University of Dundee.

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

(d) 04-00051-FUL LAND TO THE SOUTH OF SEABRAES COURT, DUNDEE ERECTION OF STUDENT RESIDENCES, CAR PARKING, LANDSCAPING, FORMATION OF ACCESS ROADS AND INFRASTRUCTURE FOR UNIVERSITY OF DUNDEE

Councillor Webster declared a non-financial interest in this application by virtue of his employment by University of Dundee.

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

(e) 04-00129-COU SHIP INN, 121 FISHER STREET, BROUGHTY FERRY, DUNDEE ERECTION OF A TIMBER DECK FOR MR S CUMMINGS

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 contrary to Housing Policy H1 of the Dundee Local Plan 1998 given the detrimental impact on the environmental quality of existing residents due to disturbance from increased noise levels. There are no material considerations that would justify departing from the policies of the development plan in this instance;

(ii)the proposed development is contrary to Leisure and Tourism Policy LT8 of the Dundee Local Plan 1998 and Policy 53 of the Finalised Dundee Local Plan Review as it would be within 30 metres of existing housing and would result in the potential of disturbance from noise. There are no material considerations that would justify a departure from the policies of the development plan in this instance; and

(iii)the proposed development is contrary to Built Environment Policy BE11 of the Dundee Local Plan 1998 and Policy 61 of the Finalised Dundee Local Plan Review as the design and location of the proposal would have a detrimental effect on the visual character of the surrounding environment. There are no material considerations that would justify departing from the policies of the development plan in this instance.

(f) 04-00136-COU UNIT 4 HIGHGATE CENTRE, 102 HIGH STREET, LOCHEE, DUNDEE CHANGE OF USE FROM CLASS 1 (RETAIL SHOP) TO CLASS 2 (BETTING OFFICE) FOR COUNTY PROPERTIES

The Committee refused the application on the grounds that:-

(i)the proposed change of use is contrary to Policy S17 Retail Core Areas of the Dundee Local Plan 1998 as the use proposed does not fall within the acceptable Class 1 retail uses or restaurant/cafe uses as defined by the Plan for the core area of Lochee High Street. There are no materials considerations of sufficient strength to support the granting of planning permission contrary to the policy; and

(ii)the proposed change of use is contrary to Policy 39 District Centre Core Areas of the Finalised Dundee Local Plan Review 2003 as the use proposed does not fall within the acceptable Class 1 retail uses or restaurant/cafe uses as defined by the Plan. Furthermore, the use proposed would result in more than 1 in 5 units in a single frontage of the core area of Lochee High Street being in uses other than shops, restaurants and cafes.

(g)LAND TO THE SOUTH OF SALTON CRESCENT, DUNDEE ERECTION OF 28 DWELLINGS FOR HOME IN SCOTLAND

The Committee acceded to a request for a deputation to address the Committee relative to objections to the application. After the deputation had stated its case and answered questions from members, it was thanked for its attendance and withdrew.

Thereafter, having considered objections received, the Committee deferred consideration of the application in order to investigate whether it would be feasible for permanent access to the proposed development to be from the south from Lothian Crescent, and to discuss with the applicant the possibility of reducing the number of flats, in order to conform with the Development Plan.

(h)59 GREENLEE DRIVE, DUNDEE TWO STOREY EXTENSION TO DWELLINGHOUSE FOR MR & MRS McGOLDRICK

This item was withdrawn.

(i) 04-00170-COU FAT SAMS NIGHTCLUB, 31 SOUTH WARD ROAD, DUNDEE CHANGE OF USE OF VACANT SECOND FLOOR TO FORM EXTENSION TO NIGHTCLUB AND ROOFSPACE TO FORM OFFICES AND ANCILLARY ACCOMMODATION FOR SWR DEVELOPMENTS LTD

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

II PERFORMANCE INDICATORS 2002/03

There was submitted Report No 245-2004 by the Director of Planning and Transportation outlining the aspects of Audit Scotland's report on Performance Information for Scottish Councils 2002/2003 as far as it relates to building control and planning applications.

The Committee:-

(i)noted the improved performance of building control brought about by the continuing review of administration and practice and extended their congratulations to the officers and staff; and

(ii)confirmed the approach to quality of planning decision making as its predominant requirement while at the same time seeking the adoption of any measures which would increase the speed of decision.

III BUILDING (SCOTLAND) ACT 1959 SECTION 13 DANGEROUS BUILDINGS

There was submitted Report No 252-2004 by the Director of Planning and Transportation advising members of the action taken in dealing with dangerous buildings during the month of February 2004.

The Committee noted the contents of the report.

ROD WALLACE, Convener.