Planning Committee (including Former Development Management And Development Quality) - 28/06/2004

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 28th June, 2004.

 

Present:-

 

Lord Provost John R LETFORD

 

 

 

BAILIES

 

C D P FARQUHAR

John CORRIGAN

Bruce D MACKIE

Helen WRIGHT

Neil I C POWRIE

Ian BORTHWICK

 

COUNCILLORS

 

Jill SHIMI

Helen DICK

Christina ROBERTS

Kevin KEENAN

Nigel DON

Jim BARRIE

George REGAN

Bob DUNCAN

Will DAWSON

Julia M STURROCK

Richard BEATTIE

Elizabeth F FORDYCE

Fiona M GRANT

Andrew DAWSON

Roderick A J WALLACE

Christopher HIND

Willie W SAWERS

Charles A WEBSTER

Joe MORROW

 

Derek J SCOTT

 

Councillor Rod WALLACE, Convener, in the Chair.

 

The minute of meeting of this Committee of 24th May, 2004 was held as read.

 

Unless marked thus * all items stand delegated.

 

I PLANNING APPLICATIONS

 

(a) 04-00040-FUL - MARYFIELD GOODS YARD, MAINS LOAN, DUNDEE - ERECTION OF 36 HOUSES FOR JUSTICE HOMES

 

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

 

(b) 04-00090-FUL - 2 WESTPORT, DUNDEE - ELEVATIONAL ALTERATIONS FOR MR K NICOLL

 

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

 

(c)TELEPHONE EXCHANGE, QUEEN STREET, BROUGHTY FERRY, DUNDEE - INSTALLATION OF POLE-MOUNTED ANTENNAS ON THE ROOFTOP AND ASSOCIATED ANCILLARY EQUIPMENT FOR CASTLE CROWN INTERNATIONAL

 

Lord Provost Letford, Bailies Mackie, Farquhar and Powrie and Councillors Regan, Barrie, Roberts, and Dick declared a non-financial interest in this item by virtue of their membership of either the Police or Fire Joint Boards.

 

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 agreed to defer consideration of the

application pending the publication of the Scottish Executive's research document on health issues surrounding tetra masts which is due out 2 July 2004 and the subsequent considerations given by the communities and health committees of the Scottish Executive.

(d) 04-00149-FUL - LAND TO THE SOUTH OF SALTON CRESCENT, DUNDEE - ERECTION OF 28 DWELLINGS FOR HOME IN SCOTLAND

 

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to the application. After the deputation had stated its case it was thanked for its 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, and subject to the additional condition that:-

 

"Construction traffic shall only enter and leave the site from the south at Lothian Crescent and not from Salton Crescent to the north and details of how this shall be achieved should be submitted to, and agreed in writing with the Council in the interests of traffic and pedestrian safety along Salton Crescent."

 

(e) 04-00161-FUL - 20 ELMWOOD ROAD, DUNDEE - PROPOSED SINGLE STOREY EXTENSION IN ELMWOOD ROAD FOR MR M AITKEN

 

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

 

(f) 04-00164-COU - COMET PLC, WEST HENDERSON'S WYND, DUNDEE - CHANGE OF USE OF EXISTING RETAIL WAREHOUSE AND ADJOINING LAND TO BUSINESS, GENERAL INDUSTRY AND STORAGE/DISTRIBUTION WITH ASSOCIATED CAR PARKING AND SERVICING FOR COMET GROUP PLC

 

The Committee acceded to requests to address the Committee in support of the abovementioned application. After the deputations had stated their case and answered questions from members, they were thanked for their attendance and withdrew.

 

Thereafter, after considering objections received, Bailie Mackie, seconded by Councillor Duncan, moved approval of the application subject to the condition that the development hereby permitted shall be commenced within 5 years from the date of the permission, in order to comply with Section 58 of the Town & Country Planning (Scotland) Act 1997.

 

As an amendment, the Convener, seconded by Councillor Sturrock, moved refusal of the application on the grounds that the proposed development would contravene Proposal 1 of the Finalised Dundee Local Plan Review as it would prejudice the use of the site for open space purposes to the detriment of the future environmental quality of the Blackness area.

 

On a division, there voted for the motion, Bailies Farquhar, Wright, Powrie and Mackie and Councillors Shimi, Regan, Grant, Hind, Morrow, Dick, Don, Duncan, Andrew Dawson, Sawers, Roberts, Barrie, Will Dawson, Fordyce and Webster (19); and for the amendment - the Convener, Lord Provost Letford, Bailie Corrigan and Councillors Keenan, Sturrock, and Scott (6); Bailie Borthwick and Councillor Beattie being absent when the vote was taken; whereupon the motion was declared carried.

 

(g) 04-00237-FUL - 36 BINGHAM TERRACE, DUNDEE - PROPOSED INSTALLATION OF VELUX WINDOWS ON NORTH ELEVATION, ERECTION OF GARAGE AND EXTENSION ON NORTH ELEVATION - FOR MR AND MRS CREEGAN

 

Councillor Morrow declared a non-financial interest in this item by virtue of being a friend of the applicant.

 

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

 

(h) 04-00246-FUL - 7 GAIRLOCH ROAD, DUNDEE - PROPOSED EXTENSION ON SOUTH ELEVATION FOR MR WALKER

 

After considering objections received, the Committee refused the application on the grounds that the proposed development was considered to be contrary to Housing Policy H4 of Dundee Local Plan 1998 and Policy 14 of Finalised Dundee Local Plan Review as the proposal would result in significant overshadowing of the adjoining property. There were no material considerations that would justify department from the policies of the development plan in this instance.

 

(i) 04-00259-COU - 500 STRATHMARTINE ROAD, DUNDEE - PROPOSED CHANGE OF USE FROM DWELLINGHOUSE TO OFFICE FOR ROBERT ADAM

 

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

 

(j) 04-00285-FUL - 32 FREDERICK STREET, DUNDEE - PROPOSED SINGLE STOREY EXTENSION TO WEST ELEVATION FOR MRS MCMAHON

 

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

 

(k) 04-00286-FUL - 14 ELMWOOD ROAD, DUNDEE - PROPOSED DORMER ON WEST ELEVATION FOR MR AND MRS S ROBB

 

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

 

(l) 04-00288-COU - 227 STRATHMORE AVENUE, DUNDEE - PROPOSED CHANGE OF USE FROM VACANT HAIRDRESSING SALON TO HOT FOOD TAKEAWAY FOR MR MALEQUE

 

The Committee acceded to requests for deputations to address the Committee both in support 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, after considering objections received, the Committee refused the application on the grounds that:-

 

(i)the proposed development was contrary to Policy LT8 - Licensed and Hot Food Premises of the Dundee Local Plan 1998 as the site lies within 30 metres of existing residential properties and that there were no material considerations of sufficient strength to justify the granting of planning permission contrary to that policy;

 

(ii)the proposed development was contrary to Policy H1 - Existing Residential Areas of the Dundee Local Plan 1998 as the development was likely to adversely affect the environmental quality enjoyed by local residents by reason of increased traffic and parking, increased noise and smell and the late hours of operation and that there were no material considerations of sufficient strength to justify the granting of planning permission contrary to that policy;

 

(iii)the proposed development was contrary to Policy 53 - Licensed and Hot Food Premises Outwith the City Centre of the Finalised Dundee Local Plan as the site lay within 30 metres of existing residential properties; and

 

(iv)the proposed development was contrary to Policy 1 - Vibrant Sustainable Communities of the Finalised Dundee Local Plan as the development was likely to adversely affect the environmental quality enjoyed by local residents by reason of increased traffic and parking, increased noise and smell and the late hours of operation.

(m) 04-00295-FUL - 42 EMMOCK WOODS DRIVE, DUNDEE - PROPOSED ERECTION OF HOUSE FOR MIDDLESTON AND FIEST

 

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

 

(n) 04-00310-COU - UNIT E, 6 NORTH ISLA STREET, DUNDEE - PROPOSED CHANGE OF USE FROM STORAGE/DISTRIBUTION TO AUCTION SALEROOM FOR MR S DEWAR

 

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

 

(o) 04-00329-FUL - 28 ELIE AVENUE, BROUGHTY FERRY, DUNDEE - PROPOSED REPLACEMENT CONSERVATORY ON SOUTH ELEVATION FOR MR AND MRS TELFORD

 

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

 

(p) 04-00345-OUT - GARDEN GROUND TO EAST OF 137 BALBEGGIE STREET, DUNDEE - PROPOSED ERECTION OF DWELLINGHOUSE FOR MR J SLAVEN

 

Councillor Regan, seconded by Councillor Hind, moved refusal of the application on the grounds of insufficient car parking spaces and the proximity of the proposed development to a school.

 

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, Bailies Wright and Powrie and Councillors Keenan, Regan, Sturrock, Hind, Dick, Duncan, Roberts, Will Dawson and Fordyce (11); and for the amendment - the Convener, Lord Provost Letford, Bailies Farquhar, Corrigan and Mackie and Councillors Shimi, Grant, Morrow, Don, Andrew Dawson, Sawers, Barrie, Webster and Scott (14); Bailie Borthwick and Councillor Beattie being absent when the vote was taken; whereupon the amendment was declared carried.

 

(q) 04-00346-FUL - 16 ROSSIE AVENUE, BROUGHTY FERRY, DUNDEE - PROPOSED EXTENSION ON SOUTH ELEVATION AND CONVERSION OF FLAT ROOF TO PITCHED ROOF FOR MR A ROME.

 

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

 

(r)18 GLAMIS ROAD, DUNDEE - PROPOSED ERECTION OF 2 STOREY DWELLINGHOUSE FOR MR W G BOYLE.

 

This item was withdrawn.

 

(s) 04-00360-FUL - 6 HAZEL AVENUE, DUNDEE - PROPOSED ERECTION OF WALL AND GATES FOR E CAROLAN.

 

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

 

(t) 04-00364-COU - 17 OSBORNE PLACE, DUNDEE - PROPOSED CHANGE OF USE FROM SINGLE DWELLING TO HMO FOR MR K EDWARDS.

 

Having considered objections received, the Committee refused the application on the grounds that:-

 

(i)That the proposal was contrary to policy H14 of the Dundee Local Plan 1998 and policy 11 of the Local Plan Review 2002 in so far as it was likely to be detrimental to traffic and road safety, refuse bins were to be stored inappropriately to the front of the property and it would lead to an over concentration of such uses in this area of the city; and

 

(ii)that the proposal was contrary to policy H1 of the Dundee Local Plan 1998 as it was likely to be detrimental to the environmental quality enjoyed by surrounding residents by virtue of parking and traffic movements and the layout of the development with regard to refuse bins. In addition to this the proposal was contrary to this policy because of its non-compliance with policy H14 of the 1998 local plan.

 

(u) 04-00385-FUL - LAND TO THE WEST OF DUDHOPE GARDEN STEPS, DUDHOPE TERRACE, DUNDEE - PROPOSED ERECTION OF 32 DWELLINGHOUSES FOR WEST RESIDENTIAL.

 

Councillor Sturrock declared an interest in this item by virtue of residing in close proximity to the proposed development. Bailie Wright declared an interest in the item by virtue of being a member of Tayside Health Board who had submitted an objection to the application.

 

The Committee acceded to requests for deputations relative to objections to and in support of the abovementioned application. After the deputations had stated their cases and answered questions from members they were thanked for their attendance and then withdrew.

 

Thereafter, having considered objections received, the Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation.

 

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

 

There was submitted Report No 438-2004 by the Director of Planning and Transportation and City Engineer advising members of the action taken in dealing with dangerous buildings during the month of April 2004.

 

The Committee agreed to note the contents of the report.

 

III PETITION TO THE SCOTTISH PARLIAMENT - PLANNING APPEALS

 

There was submitted Agenda Note AN281-2004 whereby reference was made to Item X of the minute of meeting this Committee of 24th May. It was reported that the Scottish Parliament duly considered the Council's Petition at their meeting on 9th June. The Committee allowed the Convener to make a short presentation to them in support of the Petition and there followed questions by the Committee members to the Convener, Councillor Grant and Mr Barrie.

 

It was clear that there was some support for the Petition from the Committee and the Committee agreed to progress consideration of the Petition by seeking comments on the issues raised from the Scottish Executive, the Royal Town Planning Institute in Scotland, Planning Aid for Scotland and COSLA.

 

The Committee agreed to note the outcome of the meeting and noted that a further report would be brought forward then the Petitions' Committee had concluded their consideration of the Petition.

 

 

 

 

RODERICK A J WALLACE, Convener.