Planning Committee (including Former Development Management And Development Quality) - 24/05/2004

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 24th May 2004.

Present:-

BAILIES

COUNCILLORS

Councillor Rod WALLACE, Convener, in the Chair.

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

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 03-00900-FUL - 4 BALMYLE ROAD, BROUGHTY FERRY - ERECTION OF CONSERVATORY FOR MR S AITKEN

Councillor Morrow declared a non-financial interest in this item by virtue of his professional relationship with the applicant's agent.

The Committee acceded to requests received for deputations to address the Committee both in support of, and relative to objections to the abovementioned 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 approved the application subject to the conditions recommended by the Director of Planning and Transportation.

(b) 04-00059-FUL - 1A CARDEAN STREET - SECOND STOREY EXTENSION TO EXISTING FUNERAL DIRECTORS FOR JAMES ASHTON & SONS LTD

The Committee acceded to requests received for deputations to address the Committee both in support of, and relative to objections to the abovementioned 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, Councillor Fordyce, seconded by Councillor Sawers moved refusal of the application on the grounds that the proposal is contrary to Policy H1 of the Dundee Local Plan 1998 due to the potential increase in traffic and parking in the area as a result of the proposed extension.  There are no material considerations that would justify approval contrary to the development plan.

As an amendment, the Convener, seconded by Councillor Scott, moved approval of the application subject to the conditions recommended by Director of Planning and Transportation.

On a division, there voted for the motion - Bailie Corrigan, Powrie and Borthwick and Councillors Sturrock, Hind, Dick, Beattie, Andrew Dawson, Sawers, FitzPatrick, Roberts, Barrie, Will Dawson, Fordyce and Webster (15); and for the amendment - the Convener, Lord Provost Letford, Bailies Farquhar, Wright and Mackie; and Councillors Shimi, Keenan, Regan, Grant, Morrow, Don, Duncan and Scott (13); whereupon the motion was declared carried.

(c) 04-00103-COU - CHANGE OF USE FROM VACANT OFFICES TO BAR RESTAURANT WITH ELEVATIONAL ALTERATIONS FOR SPRINGFIELD PROPERTIES (DUNDEE)

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

(d) 04-00158-FUL - 14A DALHOUSIE ROAD, BROUGHTY FERRY - DEMOLITION OF EXISTING SALES BUILDINGS AND ERECTION OF NEW SALES BUILDING WITH ADDITIONAL CAR PARKING SPACES

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

(i)the proposed development is considered to be contrary to Retailing Policy S23 of the Dundee Local Plan 1998 as it fails to meet criteria (A) given its size and the existing level of provision of shopping facilities in the area; there are no material considerations that would justify a departure to the policies of the development plan in this instance;

(ii)the proposed development is considered to be contrary to Retailing Policy S20 of the Dundee Local Plan 1998 as it fails to meet all of the criteria of the policy and in particular Criteria (1) as it would not result in a significant improvement in the distribution and accessibility of shopping provision (2) as it has not been demonstrated that there are no alternative sites within or adjacent to existing centres and Criteria (3) as it would prejudice the vitality and viability of existing shopping provision;  there are no material considerations that would justify departing from the policies of the development plan in this instance;  and

(iii)the proposed development is considered to be contrary to Policy 44 of the Finalised Dundee Local Plan Review as it would have a detrimental impact on the viability and distribution of existing local shopping provision.

(e)12 GAIRLOCH ROAD, BROUGHTY FERRY - DORMER EXTENSION ON WEST ELEVATION OF HOUSE FOR MR AND MRS G CLARK

This item was withdrawn.

(f) 04-00204-FUL - 128/130 GRAY STREET, BROUGHTY FERRY - RELOCATION OF EXTERNAL PLANT AND EQUIPMENT FOR C J LAING & SON LTD

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

(g) 04-00205-FUL - 11 TROON TERRACE - ERECTION OF CONSERVATORY ON EAST ELEVATION FOR GEORGE WIMPEY

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

(h) 04-00206-FUL - 21 KINGSWAY PLACE - BEDROOM EXTENSION TO NORTH ELEVATION FOR MR D McCARTHY

After considering objections received, the Committee refused the application on the grounds that the proposed development is considered to be contrary to Housing Policy H4 of the Dundee Local Plan 1998 and Policy 14 of the Finalised Dundee Local Plan Review as it would detract from the visual appearance of the house and the surrounding area;  there are no material considerations that would justify a departure to the policies of the development plan in this instance.

(i) 04-00216-FUL - 9 KNAPDALE PLACE - EXTENSION TO SIDE OF HOUSE FOR MR AND MRS D BAIRGIE

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

(j) 04-00219-FUL - 1 INCHKEITH TERRACE, BROUGHTY FERRY - ELEVATIONAL ALTERATIONS AND EXTENSION FOR MR AND MRS O'CONNOR

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

(k)46 DAWSON ROAD, BROUGHTY FERRY - TWO STOREY EXTENSION ON NORTH AND WEST ELEVATION FOR MRS NASREEN MAHMOND

This item was withdrawn.

(l)BALLINARD HOTEL - EXTENSION ON WEST ELEVATION TO DWELLING AT PLOT 10 FOR JUSTICE HOMES

This item was withdrawn.

(m) 04-00271-FUL - 6B RERES ROAD, BROUGHTY FERRY - DEMOLITION OF EXISTING HOUSE AND GARAGE AND ERECTION OF NEW HOUSE AND GARAGE FOR G L RESIDENTIAL

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

(n) 04-00292-COU - 104 FINTRY ROAD - CHANGE OF USE FROM RETAIL OUTLET TO HOT FOOD TAKEAWAY FOR MR ADRESS

Councillor FitzPatrick declared a non-financial interest in this item by virtue of knowing the applicant.

After considering objections received, Councillor Dawson, seconded by Councillor Grant, moved refusal of the application on the grounds that:-

(i)The noise associated with the use of the premises and the potential problems associated with anti-social behaviour, particularly at night time, would have a detrimental affect on the amenities enjoyed by nearby residents which are protected by Policy H1 of the adopted Dundee Local Plan 1998;

(ii)The proposed development would result in a significant increase in litter in the area, adversely affecting the environmental quality of the area; and

(iii)The proposed development would be detrimental to pedestrian and traffic safety because an additional takeaway would result in an increase in traffic at an existing busy junction both from deliveries to the takeaway and patrons using the property.

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.

On a division, there voted for the motion - Lord Provost Letford, Bailies Farquhar, Wright, Corrigan, Powrie. Mackie and Borthwick, and Councillors Regan, Sturrock, Grant, Hind, Dick, Duncan, Andrew Dawson, Sawers, Roberts, Will Dawson, Fordyce and Webster (19); and for the amendment - the Convener and Councillors Shimi, Keenan, Morrow, Don, Beattie, Barrie and Scott (8); Councillor FitzPatrick declining to vote - whereupon the motion was declared carried.

II DUNTRUNE DEMONSTRATION GARDEN SITE DEVELOPMENT BRIEF

There was submitted Agenda Note AN214-2004 making reference to Article IV of the minute of meeting of the Planning and Transportation Committee of 26th April 2004 wherein it was agreed to refer the above mentioned brief to this Committee as a material planning consideration for development purposes.

The Committee approved accordingly.

III ARMISTEAD HOUSE - SITE PLANNING BRIEF

There was submitted Agenda Note AN215-2004 making reference to Article V of the minute of meeting of the Planning and Transportation Committee of 26th April 2004 wherein it was agreed to refer the above mentioned brief to this Committee as a material planning consideration for development purposes.

The Committee approved accordingly.

IV PITALPIN VILLAGE SITE PLANNING BRIEF

There was submitted Agenda Note AN216-2004 making reference to Article VI of the minute of meeting of the Planning and Transportation Committee of 26th April 2004 wherein it was agreed to refer the above mentioned brief to this Committee as a material planning consideration for development purposes.

The Committee approved accordingly.

V PLANNING APPEAL DECISION - INVERELLEN, 204 ELLEN STREET, DUNDEE - APPLICATIONFOR CHANGE OF USE FROM RESIDENTIAL HOME TO HOUSE IN MULTIPLE OCCUPANCY (HMO)

There was submitted Agenda Note AN217-2004 making reference to Article VII(o) of the minute of meeting of this Committee of 30th June 2003 wherein the above proposal was refused planning permission.  The Council considered that the proposal contravened Policy H14 of the Adopted Dundee Local Plan 1998 in terms of its proximity to nearby HMOs and the number of residents being in excess of twelve and that this would have a detrimental effect on the residential amenity of the surrounding area due to noise and disturbance.  It also considered that the proposal contravened Policy 11 of the Finalised Dundee Local Plan Review in terms of the detrimental impact on residential amenity due to noise and disturbance and the concentration of HMOs in the area.

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.

VI PLANNING APPEAL DECISION - 1 TOM JOHNSTON ROAD, DUNDEE - APPLICATION FORADVERTISEMENT CONSENT TO DISPLAY SIX ILLUMINATED ADVERTISING BOARDS AT

There was submitted Agenda Note AN218-2004 relative to the above proposal which was refused advertisement consent under delegated powers on 26th November 2003 because it would result in a significant level of visual intrusion to the surrounding area contrary to Policy BE6 of the Adopted Local Plan.

It was reported that the decision was subsequently appealed by the applicant and the appeal had been dismissed.

VII PLANNING APPEAL DECISION - 16 SOUTH WARD ROAD, DUNDEE - APPLICATION FORADVERTISEMENT CONSENT FOR AN ADVERTISEMENT HOARDING

There was submitted Agenda Note AN219-2004 relative to the above proposal which was refused advertisement consent under delegated powers on 21st November 2003 on the basis that the hoarding would be detrimental to the appearance and setting of the Category B Listed Building at 38 North Lindsay Street and have an unacceptable impact on the appearance of the environment and was contrary to Policy BE6 of the Adopted Local Plan and Policy 63 of the Finalised Dundee Local Plan Review.

It was reported that this decision was subsequently appealed by the applicant and the appeal had been dismissed.

VIII REQUEST FOR DIRECT ACTION AT GROUND ADJACENT TO 101-105 CHARLESTON DRIVE

There was submitted Report No 312-2004 by the Director of Planning and Transportation seeking authority to take appropriate action to seek compliance with a Wasteland Notice at ground adjacent to 101-105 Charleston Drive, Dundee.

The Committee agreed to authorise action under the terms of Section 135 of the Town and Country Planning (Scotland) 1997 to allow the Council to enter onto land and take the necessary steps to comply with the terms of the Wasteland Notice, having noted that any expenses reasonably incurred by the Council taking such action will be recovered from the landowner.

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

There was submitted Report No 337-2004 by the Director of Planning and Transportation advising the Committee of action taken in dealing with dangerous buildings during the month of March 2004.

The Committee noted the contents of the report.

X PETITION TO THE SCOTTISH PARLIAMENT - PLANNING APPEALS

There was submitted Agenda Note AN221-2004 making reference to Article VII of the minute of meeting of this Committee of 29th September, 2003 wherein it was remitted to officers to approach the Public Petitions Committee of the Scottish Parliament to advise them of the Council's concerns with the present appeals system and to request an amendment to primary legislation to address the perceived democratic deficit in the system.

It was reported that the Council has now been advised by the Clerk to the Public Petitions Committee that it was likely that the Council's Petition would be considered by the Public Petitions Committee on 9th June 2004, and the outcome would be reported back to this Committee in due course. 

RODERICK A J WALLACE, Convener.