Planning Committee (including Former Development Management And Development Quality) - 28/03/2005

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 28th March 2005.

Present:-

BAILIES

COUNCILLORS

Councillor Rod WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 28th February 2005 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 04-00106-FUL - 15 CLAYHILLS DRIVE, DUNDEE - EXTENSION TO SOUTH AND EAST ELEVATION OF DWELLINGHOUSE FOR MR NAZIR

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

(i) the proposal was contrary to Policy H1 and Policy H4 of the Dundee Local Plan 1998 as the design of the south elevation of the two storey extension was inappropriate, the extension, due to size and scale, would dominate the local streetscape and there would be an unacceptable loss of amenity for adjoining occupants by virtue of overshadowing and a reduction in daylight/sunlight and privacy; there were no material considerations that would justify approval of the application contrary to these development plan policies; and

(ii) the proposal was contrary to Policy 1 and Policy 14 of the Finalised Dundee Local Plan Draft as the design of the south elevation of the two storey extension was inappropriate, the extension, due to size and scale, would dominate the local streetscape and there would be an unacceptable loss of amenity for adjoining occupiers by virtue of overshadowing and a reduction in daylight/sunlight and privacy.

(b) 04-00622-FUL - WEST GREEN PARK (FORMER LIFF HOSPITAL), LIFF ROAD, DUNDEE - CONVERSION OF FOUR BUILDINGS TO FORM 59 TOWNHOUSES, 24 APARTMENTS AND A LEISURE/CONCIERGE FACILITY, ERECTION OF 62 HOUSES, RESTAURANT/CAFE AND DAY NURSERY WITH ASSOCIATED LANDSCAPE WORKS

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

(c) LAND AT DURA STREET, DUNDEE - ERECTION OF A CLASS 1 RETAIL UNIT, MEANS OF ACCESS, CAR PARING, LANDSCAPING, SERVICING AND ADDITIONAL WORKS AND FACILITIES FOR LIDL UK GMBH

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 above 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 deferred consideration of the application to allow further discussions between the applicant and objectors.

(d) 04-00839-FUL - 3, 7, 9, 13 AND 15 WHITEHALL STREET, DUNDEE - ALTERATIONS TO EXISTING BUILDING TO PROVIDE 28 FLATS AT FIRST, SECOND, THIRD AND FOURTH FLOORS WITH ELEVATIONAL ALTERATIONS FOR GRANT MANAGEMENT

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

(e) 04-01023-FUL - LAND AT BROUGHTY FERRY COURT, BALDOVIE ROAD, DUNDEE - ERECTION OF EIGHT GARAGES AND ASSOCIATED PARKING FOR BALUNIEFIELD DEVELOPMENT CO

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

(f) 04-01052-FUL - 193 CLEPINGTON ROAD, DUNDEE - ERECTION OF TWO THREE STOREY TOWNHOUSES AND INTEGRAL GARAGES FOR T & S RASHID

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

(g) 05-00008-FUL - BALLUMBIE ESTATE (PHASE 7), BERWICK DRIVE, DUNDEE - ERECTION OF 17 DWELLINGHOUSES FOR D J LAING LIMITED

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

(h) 05-00026-FUL - LAND TO WEST OF AINSLIE STREET, WEST PITKERRO INDUSTRIAL ESTATE - ERECTION OF RETAIL UNIT AND WAREHOUSE FOR GILLIES

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

(i) 05-00014-COU - 15 WARD ROAD, DUNDEE - REDEVELOPMENT OF NIGHTCLUB TO FORM EIGHT RESIDENTIAL FLATS WITH EXTERNAL ALTERATIONS FOR KIRKFISHER LIMITED

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

(j) 05-00044-COU - GROUND TO REAR OF 13 - 15 MAIN STREET, DUNDEE - CHANGE OF USE FROM VACANT GROUND TO CAR SALES WITH ERECTION OF PORTACABIN FOR PANMURE SERVICES LIMITED

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

(k) 05-00047-FUL - 355 BLACKNESS ROAD, DUNDEE - FORMATION OF VEHICLE ACCESS AND PARKING AREA FOR MR AND MRS TENNANT

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

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

(l) 05-00063-FUL - ASDA STORES, MILTON OF CRAIGIE, LONGTOWN ROAD, DUNDEE - ERECTION OF A CONVEYOR CAR WASH WITHIN EXISTING CAR PARK FOR ASDA STORES LIMITED

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

(m) 05-00054-FUL - 130 HAWICK DRIVE, DUNDEE - SINGLE STOREY EXTENSION ON NORTH AND WEST ELEVATIONS FOR A BRADY

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

II PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN139-2005 advising of the undernoted planning appeal decisions.

(a) UNITS 7 & 8, BLOCK 1A, DUNSINANE INDUSTRIAL ESTATE, DUNDEE - ENFORCEMENT NOTICE APPEALS (2) IN RESPECT OF THE ALLEGED UNAUTHORISED USE FOR SALES AND STORAGE

It was reported that under powers delegated to the Director of Planning and Transportation Enforcement Notices dated 1st November 2004 were served on both the owner and occupiers of the above premises which were being used for the sale and storage of carpets without the required planning permission. A separate appeal was lodged against the refusal of the Council to grant planning permission for the continuation of the use. The Notices required the cessation of the use for these purposes within a period of 90 days of their taking effect.

It was reported that both Notices were subsequently appealed under the provisions of Section 130 of the Town and Country Planning (Scotland) Act 1997 and the appeals had been dismissed and the Enforcement Notices upheld.

(b) 46 THOMSON STREET - ALLEGED UNAUTHORISED USE OF DWELLINGHOUSE AS A HOUSE IN MULTIPLE OCCUPATION

Under powers delegated to the Director of Planning and Transportation an Enforcement Notice dated 25th October 2004 was served on the owner of the above premises which was allegedly being used as a house in multiple occupation without the required planning permission. (On 27th September 2004 the Council had refused planning permission for the continued use of the property as an HMO).. The Notice required the reduction in the numbers of residents living together in the appeal property to no more than five, within 89 days of its taking effect.

It was reported that the Notice was subsequently appealed under the provisions of Section 130 of the Town and Country Planning (Scotland) Act 1997 and the appeal had been dismissed.

(c) UNIT 7, BLOCK 1A, DUNSINANE AVENUE, DUNSINANE INDUSTRIAL ESTATE, DUNDEE - CHANGE OF USE FROM WORKSHOP TO SALES AND STORAGE

Reference was made to the decision of the Council on 1st September 2004 under powers delegated to the Director of Planning and Transportation in consultation with the Convener, to refuse planning permission for the change of use of the above premises from workshop to sales and storage because it considered that the proposals were contrary to Policies EU2 and S20 of the adopted Dundee Local Plan 1998 as specified in Para 4 of the appeal decision notice.

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.

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

There was submitted Report No 187-2005 by the Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during the month of January 2005.

The Committee agreed to note the contents of the report.

ROD WALLACE, Convener.