Planning Committee (including Former Development Management And Development Quality) - 27/09/2004

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 27th September, 2004.

Present:-

BAILIES

COUNCILLORS

Councillor Rod WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 30th August, 2004 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 04-00006-FUL - LAND TO EAST AND WEST OF WORKS YARD LANE AND SOUTH OF SOUTH VICTORIA DOCK, DUNDEE - CONVERSION AND NEW BUILD TO FORM 27 TOWNHOUSES AND 46 APARTMENTS - FOR FORTH PROPERTY DEVELOPMENTS LTD

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

(b) 04-00005-LBC - LAND TO EAST AND WEST OF WORKS YARD LANE AND SOUTH OF SOUTH VICTORIA DOCK, DUNDEE - CONVERSION AND NEW BUILD TO FORM 27 TOWNHOUSES AND 46 APARTMENTS - FOR FORTH PROPERTY DEVELOPMENTS LTD

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

(c) 04-00392-FUL - LAND TO THE EAST OF OLD GLAMIS ROAD - ERECTION OF 58 HOUSES - FOR DISCOVERY HOMES

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

(d) 04-00494-COU - 586 BROOK STREET, BROUGHTY FERRY - CHANGE OF USE AND ELEVATIONAL ALTERATIONS TO FORM FLAT - FOR MR J THOMSON

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

(e) 04-00580-COU - UNIT 1, LINDSAY COURT, DUNDEE TECHNOLOGY PARK - CHANGE OF USE FROM RESTRICTED CLASS 4 OFFICE USE TO CLASS 4 GENERAL OFFICE - FOR MICHAEL CONNELLY

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

(f) 04-00528-FUL - LAND AT MCVICARS LANE - REDEVELOPMENT OF SITE TO PROVIDE 9 TOWNHOUSES, 4 CONVERTED FLATS AND 16 FLATS

After considering 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 the west wall of the stable block to be demolished shall be reduced in height to match the existing adjoining stone walls on the western boundary of the site and shall be repaired and capped in accordance with details to be submitted to and approved by the City Council, prior to the commencement of development. The boundary shall subsequently be completed in accordance with plan reference dp 020 dated 6th September, 2004 approved as part of this permission, prior to the occupation of the first of the dwellings in phase 2; in order to ensure that the boundary wall is retained in good condition and to ensure that the resulting boundary between the developments is a minimum of 1.8 metres high in the interests of the privacy and security of adjoining residents.

(g) 04-00576-FUL - 1 SESSION STREET - EXTENSION TO RESTAURANT - FOR MUNWAR ALI MOHAMMED

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

(h) 04-00590-FUL - 2 SIDLAW COURT - EXTENSION TO SIDE OF HOUSE - FOR MR M ANDERSON

The Committee refused the application on the grounds that the proposed development is contrary to Housing Policy H4 of the Dundee Local Plan 1998 and Policy 14 of the Finalised Dundee Local Plan Review. It is considered that given the design, size, massing, location and style the proposal would have an adverse impact on the visual appearance of the existing house and the surrounding area. There are no material considerations that would justify departing from the policies of the development plan and the Finalised Dundee Local Plan Review in this instance.

(i) 04-00613-FUL - 55 MAGDALEN YARD ROAD - TWO STOREY EXTENSION TO NURSING HOME - FOR MR E FINDLAY

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

(j) 04-00637-COU - 46 THOMSON STREET - CHANGE OF USE FROM HOUSE (CLASS 9) TO HOUSE IN MULTIPLE OCCUPANCY (SUI GENERIS) - FOR MR I JAMAL

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

(i) the proposed change of use is contrary to Policy H1 of the Dundee Local Plan 1998 by reason of the wholly adverse impact on the environmental quality enjoyed by local residents by virtue of the cumulative effect of; the poor layout of the house relative to the bin stores and rear garden; the lack of sufficient off street parking and the noise resulting from the large number of residents. There are no material considerations of sufficient strength to support the granting of planning permission contrary to this policy;

(ii) the proposed change of use is contrary to Policy H14 of the Dundee Local Plan 1998 by reason of the wholly adverse impact on the environmental quality enjoyed by local residents by virtue of the cumulative effect of; the lack of sufficient additional parking; the lack of direct access to the bin stores and rear garden and the concentration of other HMO uses in the immediate vicinity within 250 metres. There are no material considerations of sufficient strength to support the granting of planning permission contrary to this policy; and

(iii) the proposed change of use is contrary to Policy 11 of the Finalised Dundee Local Plan review 2003 by reason of the cumulative impact of; detrimental impact on traffic and pedestrian safety by reason of the lack of sufficient parking; the detrimental impact on residential amenity by reason of the increase pressure on parking, the lack of direct access to the refuse area and the increased noise and nuisance from the residents; and detrimental impact on the character of the local area by reason of the excess concentration of other HMO uses in the immediate vicinity.

(k) 04-00640-FUL - 24 BLAKE AVENUE, BROUGHTY FERRY - EXTENSIONS TO EXISTING DWELLINGHOUSES TO FORM GARAGE, KITCHEN AND BEDROOM - MR AND MRS I MELDRUM

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

(l) 04-00653-FUL - 16 VALGREEN COURT - 2 STOREY EXTENSION ON NORTH ELEVATION - FOR MR AND MRS BRIAN ANDERSON

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

(m) 04-00680-FUL - LAND AT 534B STRATHMARTINE ROAD - ERECTION OF 14.5M MONOPOLE TELECOMMUNICATIONS MAST INCLUDING ANTENNA, EQUIPMENT HOUSING AND COMPOUND AREA FOR VODAFONE LTD

After considering objections received, Councillor Beattie, seconded by Councillor FitzPatrick, moved refusal of the application on the grounds that the proposed telecommunications mast is contrary to Policy H1 of the Adopted Dundee Local Plan 1998 (Existing Residential Areas) as it lies within 32 metres of an existing mast and the cumulative impact of this design and layout of both structures when taken together will result in a loss of environmental quality enjoyed by nearby residents and there are no material considerations which justify the setting aside of this policy in this instance.

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 and Borthwick and Councillors Keenan, Regan, Sturrock, Hind, Macpherson, Dick, Duncan, Beattie, Andrew Dawson, FitzPatrick, Roberts, Barrie, Will Dawson, Fordyce and Webster (21); and for the amendment the Convener and Councillors Grant, Morrow, Don, Sawers and Scott (6) whereupon the motion was declared carried.

II APPEAL DECISIONS

There was submitted Agenda Note AN357-2004 advising the Committee of the undernoted appeal decisions:-

(a) LAND AT CORNER OF LOONS ROAD/LAWSIDE ROAD, DUNDEE - ERECTION OF TWELVE HOUSES

Reference was made to Article VIII of the minute of meeting of this Committee of 29th September, 2003 wherein the above proposal was refused planning permission because the Council considered that the proposal was contrary to Policy H1 of the adopted Dundee Local Plan 1998 and Policy 1 of the Finalised Draft Local Plan 2003 (environmental quality due to road layout and traffic movements); and to PAN67 Housing Quality in terms of the provision of a safe and secure local environment.

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.

(b) 334-346 PERTH ROAD - CONVERSION OF FORMER STUDENT RESIDENCE AND COTTAGE TO FORM FIVE TOWNHOUSES AND ONE APARTMENT, ERECTION OF TWO PENTHOUSES AND ERECTION OF FOUR TOWNHOUSES

Reference was made to Article I(j) of the minute of meeting of this Committee of 23rd February, 2004 wherein the above proposal was refused planning permission because the Committee considered that the proposal was contrary to the adopted Dundee Local Plan 1998 (Policy H10: Design of new housing; Policy BE11: Development in Conservation Areas; and Policy H1: Residential amenity issues); and to the Finalised Dundee Local Plan 2003 (Policy 61: Development in Conservation Areas).

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 with a variety of conditions.

III REQUEST FOR DIRECT ACTION AT GROUND TO THE SOUTH OF BALGRAY STREET, DUNDEE

There was submitted Report No 637-2004 by Director of Planning and Transportation seeking approval 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, in respect of a site to the south of Balgray Street, Dundee.

The Committee agreed 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 DIRECTION ACTION AT 109 BROUGHTY FERRY ROAD, DUNDEE

There was submitted Report No 636-2004 by Director of Planning and Transportation seeking approval 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, in respect of a site at 109 Broughty Ferry Road, Dundee.

The Committee agreed 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.

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

Councillor Keenan declared a financial interest in this item by virtue of being an employee of ABB (reference paragraph 6.2.4 of report).

There was submitted Report No. 624-2004 by the Director of Planning and Transportation advising members of the action taken in dealing with dangerous buildings during the month of July 2004.

The Committee noted the contents of the report.

ROD WALLACE, Convener.