Planning Committee (including Former Development Management And Development Quality) - 06/12/2004

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 6th December, 2004.

Present:-

BAILIES

COUNCILLORS

Councillor Rod WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 25th October, 2004 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 04-00743-FUL - MACALPINE SHOPS AND ASSOCIATED CAR PARKS, MACALPINE ROAD - INSTALLATION OF 15M MONOPOLE AND ASSOCIATED EQUIPMENT - FOR O2 (UK) LIMITED

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 and answered questions from members of the Committee it was thanked for its attendance and withdrew.

Thereafter, Councillor Keenan, seconded by Councillor FitzPatrick, moved refusal of the application on the grounds that the proposed development would be detrimental to the visual amenity of the surrounding area.

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 Farquhar, Mackie and Borthwick and Councillors Shimi, Keenan, Regan, Sturrock, Grant, Hind, Macpherson, Dick, Don, Duncan, Andrew Dawson, Sawers, FitzPatrick, Barrie, Fordyce and Webster (19); and for the amendment - the Convener and Councillor Scott (2); Councillor Morrow being absent when the vote was taken; whereupon the motion was declared carried.

(b) 04-00760-FUL - CLATTO WATER TREATMENT WORKS, DALMAHOY DRIVE - INSTALLATION OF 29M MONOPOLE, ACCOMMODATING 3 ANTENNAS AND EQUIPMENT CABINETS - FOR VODAFONE LIMITED

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 and answered questions from members of the Committee it was thanked for its attendance and withdrew.

Thereafter, Bailie Borthwick, seconded by Councillor Macpherson, moved refusal of the application on the grounds that the location of the proposed development was inappropriate and that the proposed development would be detrimental to the visual amenity of the surrounding area.

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 Farquhar, Mackie and Borthwick and Councillors Shimi, Keenan, Regan, Sturrock, Macpherson, Dick, Duncan, Andrew Dawson, FitzPatrick, Barrie, and Fordyce (14); and for the amendment - the Convener and Councillors Grant, Hind, Don, Sawers, Webster and Scott (7); Councillor Morrow being absent when the vote was taken; whereupon the motion was declared carried.

At this point, the Committee agreed to the suspension of Standing Order No 26 to allow the meeting to proceed.

(c) 04-00768-FUL - BAXTER PARK TELEPHONE EXCHANGE, EAST OF 77 DALKEITH ROAD - RELOCATION OF ANTENNA TO POLE MOUNT AND INSTALLATION OF 3 ANTENNAS - FOR CROWN CASTLE (UK) LIMITED

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 and answered questions from members of the Committee, it was thanked for its attendance and withdrew.

Thereafter, Councillor Fordyce, seconded by Councillor FitzPatrick moved refusal of the application on the grounds that (i) the proposed additional antennae on this building would detract from the visual amenity of the nearby listed buildings at 6 and 8 Bingham Terrace, and (ii) the proposed development did not take cognisance of the public's perceived concerns on any health issues associated with the proposed antennae.

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.

As a further amendment, Councillor Shimi, seconded by Councillor Grant, moved refusal of the application on the grounds that (i) alternative sites for the proposed development had not been adequately explored; (ii) the proliferation of installations would be detrimental to residential amenity, and (iii) the proposed development would be detrimental to visual amenity.

On a division, between the first and second amendment, there voted for the first amendment - the Convener and Councillor Scott (2); and for the second amendment - Bailies Farquhar, Mackie and Borthwick and Councillors Shimi, Keenan, Regan, Sturrock, Grant, Hind, Macpherson, Dick, Don, Duncan, Andrew Dawson, Sawers, FitzPatrick, Barrie, Fordyce and Webster (19); Councillor Morrow being absent when the vote was taken; whereupon the second amendment was declared carried and now became the amendment.

On a further division between the original motion and the amendment, there voted for the motion - Bailies Mackie and Borthwick and Councillors Macpherson, Dick, Andrew Dawson, FitzPatrick, Barrie and Fordyce (8); and for the amendment - Bailie Farquhar and Councillors Shimi, Keenan, Regan, Sturrock, Grant, Hind, Don, Duncan, Sawers and Webster (11); the Convener and Councillor Scott declining to vote and Councillor Morrow being absent when the vote was taken; whereupon the amendment was declared carried.

(d) 04-00624-FUL - BALTIC WORKS, ANNFIELD ROAD - INSTALLATION OF 6 FACE MOUNTED TELECOMMUNICATIONS ANTENNA ON CHIMNEY AND TWO EQUIPMENT CABINETS - FOR VODAFONE LIMITED

After considering objections received, Councillor Macpherson, seconded by Councillor Dick, moved refusal of the application on the grounds of (i) the inappropriateness of the site given its proximity to two health centres and a primary school given the health concerns raised by the objector, and (ii) the failure of the applicant to consider a greater range of alternative sites; in this, the applicant had failed to fully satisfy Policy 10(a) of Dundee City Council's Non-Statutory Planning Policies in respect of Telecommunications Developments (Revised 2003).

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.

As a further amendment, Councillor Shimi, seconded by Councillor Grant, moved refusal of the application on the grounds that (i) the proliferation of installations would be detrimental to residential and visual amenity, (ii) alternative sites for the proposed development had not been adequately explored, and (iii) the proposed development would have a detrimental impact on the visual amenity of the Category B Listed Building.

On a division between the first and second amendment, there voted for the first amendment - the Convener and Councillor Scott (2); and for the second amendment - Bailies Farquhar, Mackie and Borthwick and Councillors Shimi, Keenan, Regan, Sturrock, Grant, Hind, Macpherson, Dick, Don, Duncan, Andrew Dawson, Sawers, FitzPatrick, Barrie, Fordyce and Webster (19); Councillor Morrow being absent when the vote was taken, whereupon the second amendment was declared carried and now became the amendment.

On a further division between the original motion and the amendment, there voted for the motion - Bailies Mackie and Borthwick and Councillors Sturrock, Macpherson, Dick, Duncan, Andrew Dawson, FitzPatrick, Barrie and Fordyce (10); and for the amendment - Bailie Farquhar and Councillors Shimi, Keenan, Regan, Grant, Hind, Don, Sawers and Webster (9); the Convener and Councillor Scott declining to vote and Councillor Morrow being absent when the vote was taken; whereupon the motion was declared carried.

(e) 04-00351-COU - FILLING STATION, CHARLESTON DRIVE - CHANGE OF USE FROM PETROL FILLING STATION TO HOT FOAM CAR WASH - FOR AUTOSHINE EXPRESS LIMITED

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

(i)the proposed change of use was contrary to Policy H1 of the Dundee Local Plan 1998 as it would significantly affect the environmental quality currently enjoyed by local residents by virtue of the inappropriateness of the use in such close proximity to residential properties and the adverse impact on the free flow of traffic and pedestrian safety on the local road network; there are no material considerations of sufficient strength that would justify the granting of planning permission contrary to that policy;

(ii)the proposed change of use is contrary to Policy 1 of the Finalised Dundee Local Plan Review as it would significantly affect the environmental quality currently enjoyed by local residents by virtue of the inappropriateness of the use in such close proximity to residential properties and the adverse impact on the free flow of traffic and pedestrian safety on the local road network; and

(iii)that the applicants had failed to adequately demonstrate that the operational aspects of the proposed car wash facility will not adversely impact on the environmental quality currently enjoyed by local residents by virtue of an increase in noise associated with the works which is contrary to the requirements of Policy H4 of the Dundee Local Plan 1998 and Policy 1 of the Finalised Dundee Local Plan Review.

(f)81 DUNDEE ROAD, BROUGHTY FERRY - SINGLE STOREY EXTENSION TO HOUSE - FOR MR PAUL CUTHILL

The Committee acceded to 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, the Committee agreed to defer consideration of this application to allow further consideration of the issue of drainage.

(g) 04-00615-FUL - 13 COLLINGWOOD CRESCENT, BROUGHTY FERRY - SINGLE STOREY EXTENSION - FOR MR AND MRS J LEE

The Committee acceded to a request which had been received for a deputation to address the Committee in support of this 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 approved the application subject to the conditions recommended by the Director of Planning and Transportation.

(h) 04-00686-FUL - TAY SPINNERS LIMITED, ARBROATH ROAD - PARTIAL DEMOLITION OF FORMER SPINNING WORKS AND ERECTION OF 43 TOWNHOUSES AND 45 APARTMENTS - FOR TAY CITY PROPERTIES

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

(i) 04-00675-FUL - 6 UPPER CONSTITUTION STREET - 2 STOREY EXTENSION TO DWELLINGHOUSE - FOR MR AND MRS PETER JESSOP

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

(j) 04-00830-LBC - 6 UPPER CONSTITUTION STREET

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

(k)LAND TO THE WEST OF RICHMOND TERRACE - ERECTION OF DWELLINGHOUSE - FOR WAYNE ALLEN

This item was withdrawn.

(l) 04-00711-FUL - 442 PERTH ROAD - DEMOLITION OF EXISTING OUTBUILDING AND EXTENSION TO DWELLINGHOUSE - FOR GEORGE JOHNSTON

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

(m)LAND TO SOUTH OF THE LODGE AT 488 PERTH ROAD - OUTLINE CONSENT FOR ERECTION OF DWELLINGHOUSE AND GARAGE - FOR MR PAUL MOORE

This item was withdrawn.

(n) 04-00756-FUL - LAND TO NORTH OF 10 CARDROSS STREET - DEMOLITION OF GARAGES AND ERECTION OF SEMI-DETACHED HOUSES - FOR KIRSTY MULLIGAN

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

(o) 04-00770-COU - 30 SHAFTESBURY PLACE - CHANGE OF USE FROM 9 BEDROOM FLAT TO BE CONVERTED INTO TWO 3 BEDROOM FLATS WITH ELEVATIONAL ALTERATIONS - FOR MR E JOHNSTON

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

(p)SITE 5, MEDI PARK, TOM MCDONALD AVENUE - CONSTRUCTION OF ACCESS ROAD EXTENSION AND PROVISION OF DRAINAGE INFRASTRUCTURE - FOR SCOTTISH ENTERPRISE TAYSIDE

This item was deferred to allow further consideration of the road traffic implications.

(q) 04-00787-FUL - 27 ARBROATH ROAD - DEMOLITION OF EXISTING UNIT AND ERECTION OF 22 DWELLINGHOUSES AND ANCILLARY CAR PARK - FOR P & S DEVELOPMENTS

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

(r) 04-00784-FUL - 4 WESTFIELD PLACE - ERECTION OF TWO STOREY HOME - FOR J CARROL

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

(s) 04-00791-COU - UNIT 9, MARYBANK LANE - CHANGE OF USE FROM GENERAL OFFICE TO TAXI OFFICE - FOR LILIAN COWAN

After considering objections received, the Committee refused the application on the grounds that the proposed development is contrary to Policy 26: General Economic Development Areas of the Finalised Dundee Local Plan Review as the use and the proposed hours of operation are considered likely to have a detrimental impact on neighbouring commercial uses and local residential amenity by reason of a resulting increase in parking and traffic movements, noise and disturbance. In addition, the scale of the development is considered to be inappropriate for the size and location of the site due to the likely increase in demand for parking and traffic movements during the proposed hours of operation.

(t)87 CHARLESTON DRIVE - CHANGE OF USE FROM LAUNDRY TO HOT FOOD TAKEAWAY - FOR MAURICE GOLDEN

This item was deferred to allow further consideration of parking implications.

(u) 04-00798-FUL - SEAFIELD ROAD, 200 PERTH ROAD - DEMOLITION OF DOUBLE GARAGE AND ERECTION OF 2 THREE STOREY FOUR BEDROOM TOWNHOUSES AND GARAGES - FOR MR A CRUICKSHANK AND MR D SALE

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

(i)the proposed development is contrary to Policy H10 - Design of New Housing of the Dundee Local Plan 1998 by reason of insufficient amenity/garden ground; no outdoor drying space; facing windows within 18 metres; insufficient parking for residents and visitors; garages which are unacceptable in the interests of traffic and pedestrian safety and unacceptable standards of design of the building; there are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy;

(ii)the proposed development is contrary to Policy BE11 - Development in Conservation Areas of the Dundee Local Plan 1998 by reason of the scale, massing and design which fail to complement and enhance the character of the surrounding Conservation Area; there are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy;

(iii)the proposed development is contrary to Policy 4 - Design of New Housing and Appendix 1 of the Finalised Dundee Local Plan Review 2003 by reason of insufficient amenity/garden ground; facing windows within 18 metres; insufficient parking for residents and visitors;

(iv)the proposed development is contrary to Policy 55 - Urban Design of the Finalised Dundee Local Plan Review 2003 by reason of the scale, massing and design of the houses and the layout of the development which is unacceptable in the interests of traffic and pedestrian safety; and

(v)the proposed development is contrary to Policy 61 - Development in Conservation Areas of the Finalised Dundee Local Plan Review 2003 by reason of the scale, massing and design which fail to preserve or enhance the character of the surrounding Conservation Area.

(v) 04-00810-FUL - 22 DUNTRUNE TERRACE, BROUGHTY FERRY - ALTERATIONS AND EXTENSION ON REAR ELEVATION - FOR MR AND MRS HUNTER

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

(w)LAND ADJACENT TO 167 GRAY STREET, BROUGHTY FERRY - ERECTION OF SINGLE STOREY DWELLINGHOUSE IN GARDEN GROUND - FOR COLIN M AND CHARLES G MORGAN

This item was withdrawn.

(x) 04-00827-FUL - LAND TO WEST OF PARKER STREET - ERECTION OF STUDENT RESIDENCES - FOR UNIVERSITY OF ABERTAY

Councillors Grant and Fordyce declared a financial interest in the application by virtue of their employment by the University of Abertay and Dundee College respectively.

The Committee acceded to requests 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, the Committee, on the motion of Councillor Sturrock, seconded by the Convener, agreed that the application be refused on the grounds that:-

(i)the proposed development, by virtue of its inappropriate scale, form, siting alignment and materials failed to meet the required standards of composition and design for the site and as a consequence did not successfully integrate with its surroundings which is contrary to the terms of Policy BE1 and Policy BE3 of the Dundee Local Plan 1998; there are no material considerations of sufficient weight that would justify the setting aside of these policies and offering support for the development;

(ii)that the mass, scale, siting and alignment of the proposed new building would adversely impact on the environmental qualities currently enjoyed by local residents by virtue of an increase in overshadowing and a reduction in daylight which is contrary to the terms of Policy H1 of the Dundee Local Plan 1998 and Policy 1 of the Finalised Dundee Local Plan Review; there are no material considerations of sufficient weight that would justify the setting aside of these policies and offering support for the development;

(iii)that the proposed development would adversely impact on the visual quality and setting of the surrounding conservation areas and of the adjacent listed buildings by virtue of the inappropriate scale, form, siting, alignment and materials of the new residences which is contrary to Policy 55 of the Finalised Dundee Local Plan Review; and

(iv)that the proposed development would adversely impact on local parking provision and the free flow of traffic by virtue of the increase in traffic movements generated by the proposal onto and from the busy adjacent roadway and the failure to provide adequate off-street car parking facilities associated with the new residences within the curtilage of the new building which is contrary to Policy H1 of the Dundee Local Plan 1998 and Policy 9 of the Finalised Dundee Local Plan Review; there are no material considerations of sufficient weight that would justify the setting aside of these policies and offering support for the development.

(y) 04-00831-FUL - 14A DALHOUSIE ROAD, BROUGHTY FERRY - DEMOLITION OF EXISTING SALES BUILDING AND ERECTION OF NEW SALES BUILDING WITH ADDITIONAL CAR PARKING SPACES - FOR ESSO PETROLEUM CO LTD

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 that the existing level of provision of shopping facilities in the area is not low; 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.

(z) 04-00855-FUL - JAMAICA WORKS PHASE 1, CARNEGIE STREET - ERECTION OF 7 HOUSES - FOR HILLCREST HOUSING ASSOCIATION

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

(aa) 04-00862-FUL - JAMAICA WORKS PHASE 2, CARNEGIE STREET - ERECTION OF 16 HOUSES AND 12 FLATS - FOR HILLCREST HOUSING ASSOCIATION

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

(bb) 04-00856-COU - 107 GRAY STREET, BROUGHTY FERRY - CHANGE OF USE TO LICENSED RESTAURANT - FOR PATRIC LOCHI AND LISA BARILE

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

(cc)32 MIDDLEBANK CRESCENT - ERECTION OF DWELLINGHOUSE IN GARDEN GROUND - FOR MRS E JOHNSTON

Councillor Don declared a non-financial interest in this item by virtue of knowing one of the objectors.

The Committee acceded to requests which had been received for deputations to address the Committee 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, the Committee agreed to defer consideration of this application to allow further discussions between the applicant and objectors.

(dd) 04-00892-COU - LAND TO SOUTH OF 643, 645, 647, 647A ARBROATH ROAD - CHANGE OF USE OF LAND FROM PUBLIC OPEN SPACE TO PRIVATE GARDEN GROUND - FOR GRANT AND BEVERLY EDWARD

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

(ee) 04-00911-FUL - 4 KENILWORTH AVENUE - CONSTRUCTION OF DRIVEWAY - FOR KWOK FUNG WONG

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

(ff) 04-00919-FUL - 20 ELGIN TERRACE - SINGLE STOREY EXTENSION ON SOUTH ELEVATION - FOR MR R DARE

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

(gg) 04-00921-FUL - 45 STRATHMARTINE ROAD - NEW FRONTAGE ON PUBLIC HOUSE - FOR THE COMMERCIAL PUB CO LTD

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

(hh) 04-00759-COU - WEST FERRY POST OFFICE - CHANGE OF USE FROM POST OFFICE TO DENTAL HYGIENE PRACTICE

The Convener declared a non-financial interest in this item by virtue of the involvement of a member of his family in the application and Councillor Scott took the Chair during consideration of this item.

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

II PLANNING APPLICATION - REGENERATION OF DUNSINANE INDUSTRIAL ESTATE

There was submitted Report No 778-2004 by the Director of Planning and Transportation advising the Committee that an appeal had been submitted to Scottish Ministers in respect of the Council's failure, within the statutory period, to determine the abovementioned planning application and seeking the views of the Committee in order to establish the Council's position on the application in advance of a public inquiry into this appeal which will take place in April 2005.

The Committee agreed:

(a)that the Council participate in the forthcoming Public Local Inquiry which will consider the planning application;

(b)that had the Council determined the application on the basis of the information submitted by the applicant, it would have refused the application for the following reasons:-

(i)the proposals are not in accordance with Employment Policy 2 of the Dundee and Angus Structure Plan 2001-2016, and Policies EU2 and EU3 of the Dundee Local Plan 1998 as the application site is identified as a prime industrial site reserved for the establishment of industrial and business development within Classes 4, 5 and 6 of the Town and Country Planning (Use Classes) (Scotland) Order 1992 and there are no material considerations which lead to the approval of the development contrary to these policies;

(ii)the proposals are not in accordance with Town Centre and Retail Policies 2 and 4 of the Dundee and Angus Structure Plan 2001-2016 and Policies S11 and S20 of the Dundee Local Plan 1998 which support Dundee's district centres as the focus for new retail development and set out the criteria for the consideration of new retail developments outwith existing centres and there are no material considerations which lead to the approval of the development contrary to these policies;

(iii)the proposals are not in accordance with Policy S27 of the Dundee Local Plan 1998 as they fail to meet the criteria for the granting of planning permissions for car and caravan sales and there are no material considerations which lead to the approval of the development contrary to these policies; and

(iv)the proposals are not in accordance with Environmental Resources Policy 6 of the Dundee and Angus Structure Plan 2001-2016 and Policy BE30 of the Dundee Local Plan 1998 as the applicants have failed to adequately demonstrate that any site contamination has been comprehensively identified, and where it has, that mitigation measures are satisfactory; and

(c)that the Council reserve the right to amend its position in this appeal in light of the Report of the Public Local Inquiry into objections to the Finalised Dundee Local Plan Review and in response to the submission of any additional supporting information by the applicant.

III APPEAL DECISIONS

There was submitted Agenda Note AN439-2004 advising of the undernoted planning appeal decisions:-

(a)LAND TO SOUTH OF ST STEVEN'S YARD AND EAST OF SHEPHERD'S LOAN, DUNDEE: AMENITY NOTICE REQUIRING THE REMOVAL OF SOIL, RUBBLE, DRESSED STONE ETC

It was reported that on 22nd June, 2004 under the provisions of Section 179 of the Act, the Council had served an Amenity Notice requiring that within 30 days of the notice taking effect detritus, building materials and fencing be removed from the site and that grasss be reinstated. In addition, details were required as to the storage of all building material relating to the former half timer's school.

It was reported that the terms of the Notice were appealed by the applicant under the provisions of Section 180 of the Town and Country Planning (Scotland) Act 1997, and the Reporter had upheld the terms of the Amenity Notice but varying the timescales for compliance to eight weeks from the date of his decision (29th December, 2004) in respect of the clearance of the site and till 1st May, 2005 in respect of the the re-grassing of the area.

(b) 122A CAMPHILL ROAD: EXTENSION AND ALTERATIONS TO DWELLING

Reference was made to the decision of the Council on 19th January, 2004, under powers delegated to the Director of Planning and Transportation in consultation with the Convener, to refuse planning permission because it was considered that the proposal contravened Policy H4 of the adopted Dundee Local Plan 1998 and the equivalent Policy 14 of the Finalised Draft Local Plan Review 2003 (unacceptable overlooking of private gardens of surrounding houses).

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.

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

There was submitted Report No 791-2004 by the Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during September and October 2004.

The Committee noted the contents of the report.

ROD WALLACE, Convener.