Planning Committee (including Former Development Management And Development Quality) - 25/04/2005

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 25th April 2005.

Present:-

BAILIES

COUNCILLORS

Councillor Rod WALLACE, Convener, in the Chair.

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

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 05-00011-LBC - TAY WORKS, WEST MARKETGAIT, DUNDEE - LISTED BUILDING CONSENT FOR INTERNAL AND EXTERNAL ALTERATIONS TO FORM 48 BEDROOM HOTEL, OFFICE ACCOMMODATION, FOUR THEME RESTAURANTS/BAR AND CAR PARKING FOR MARKETGAIT DEVELOPMENTS LIMITED

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

(b) 05-00112-FUL - 4 BALMYLE ROAD, BROUGHTY FERRY, DUNDEE - PROPOSED EXTENSION TO DWELLING FOR MR AND MRS AITKEN

Lord Provost Letford declared a non-financial interest in this item by virtue of being a friend of the applicant.

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 aforementioned application. After the deputations had stated their cases and answered questions from members 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.

(c) 05-00153-FUL - SYLVAN, 47 ALBERT ROAD, BROUGHTY FERRY - ERECTION OF NEW DWELLINGHOUSE WITH DOUBLE GARAGE AND ERECTION OF DOUBLE GARAGE FOR EXISTING HOUSE FOR MR AND MRS FRENCH

The Committee acceded to a request which had been received to address the Committee in support of the aforementioned application. After the deputation had stated its case and answered questions from members it was thanked for its attendance and withdrew.

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

(i) the proposed development contravened Police BE4(B) and BE4(I) of the adopted Local Plan by reason of over-development of the original garden ground of "Taymount" and the adverse impact on trees and ENV12 of the adopted Local Plan by reason of the loss of trees which were protected by a Tree Preservation Order; it was considered that there were no material considerations which would justify the approval of the proposed development contrary to the provisions of the adopted Local Plan;

(ii) the proposed development would have an adverse impact on the setting of "Taymount" (a category B listed building) contrary to Section 59 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 by reason of the siting of the proposed new house and the garage for the existing house and the loss of trees within the former garden of the listed building; and

(iii) the proposed development contravened Policy 4 of the Finalised Local Plan Review because it would depart from the prevailing low density of development in the area, Policy 15(b), (d) and (h) of the Finalised Local Plan Review by reason of over-development of the original garden ground of "Taymount", increasing the prevailing density in the area and the adverse impact on trees and Policy 72 of the Finalised Local Plan Review by reason of the loss of trees which were protected by a Tree Preservation Order.

(d) 05-00213-FUL - 2 SIDLAW COURT, DUNDEE - EXTENSION TO NORTHWEST ELEVATION OF DWELLINGHOUSE FOR MR M ANDERSON

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

(e) 05-00215-FUL - 11 lynnewood place, dundee - retention of new double glazed windoW with opaque glass for mr clive graham

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

(f) 05-00223-FUL - 45 MARLEE ROAD - ALTERATIONS TO FORMER DORMERS AND DETACHED GARAGE FOR MR AND MRS LEIGHTON

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

(i) that the first floor window on the northern gable shall be removed and the opening built up and finished with a roughcast to match the existing house in accordance with the letter from George McGilvray dated 11th April 2005, in accordance with the request of the applicant and to address potential overlooking concerns of the property immediately to the north; and

(ii) notwithstanding the provisions of the Town and County Planning (General Permitted Development) (Scotland) Order 1992, as amended, no window or other opening shall be formed in the first floor of the northern gable of the property subject to this application, to ensure that no window or other opening will be formed in the first floor of the northern gable of the application property without the approval of the Council.

II PLANNING APPEALS PERFORMANCE 2003/2004 AND 2004/2005

There was submitted Report No 210-2005 by the Director of Planning and Transportation advising the Committee of the Council's Planning Appeals Performance for the years 2003/2004 and 2004/2005.

The Committee noted the terms of the report.

III PERFORMANCE INDICATORS FOR DEVELOPMENT QUALITY 2003/2004 AND 2004/2005

There was submitted Report No 211-2005 by the Director of Planning and Transportation outlining aspects of Development Quality performance for the years 2003/2004 and 2004/2005 in relation to Scottish Executive targets and Key Performance Indicators from the Planning and Transportation Service Plan 2004/2007.

The Committee agreed to:-

(i) note the trends in performance of the Development Quality service;

(ii) reaffirm the approach to quality of planning decision making as its predominant requirement while at the same time seeking the adoption of any measures which would increase the speed of decision and otherwise further improve the standard of service to customers and the service; and

(iii) remit the Director of Planning and Transportation to report back on possible refinements to the Council's Scheme of Delegation relative to planning applications.

IV PLANNING ENFORCEMENT AND TREE PROTECTION PERFORMANCE 2003/2004 AND 2004/2005

There was submitted Report No 228-2005 by the Director of Planning and Transportation informing members of the nature and extent of planning enforcement activity for the year April 2003 to March 2005 together with information for the same period on tree preservation work.

The Committee noted the contents of the report and reaffirmed its approach to planning enforcement and tree preservation.

V REQUEST FOR DIRECT ACTION AT LAND TO THE SOUTH OF STEVEN'S YARD

There was submitted Report No 269-2005 by the Director of Planning and Transportation seeking the agreement of members to the Director of Planning and Transportation, in consultation with the Depute Chief Executive (Support Services), to take appropriate action to seek compliance with an Amenity Notice in respect of land to the south of Steven's Yard, Dundee.

The Committee authorised action 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 Amenity Notice having noted that any expenses reasonably incurred by the Council in taking such action would be recovered from the landowner.

VI REPORT OF PUBLIC LOCAL INQUIRY INTO THE FINALISED DUNDEE LOCAL PLAN REVIEW ANDPROPOSED MODIFICATIONS

There was submitted Agenda Note AN175-2005 making reference to Article II (viii) of the minute of meeting of the Planning and Transportation Committee of 21st March 2005 wherein, inter alia, it was agreed to refer the Director of Planning and Transportation's Report to this Committee for information as a material consideration in making planning decisions, including the determination of planning applications.

The Committee noted accordingly.

VII SCHEME OF DELEGATION: AUTHORISATION FOR ENTRY ON LAND

There was submitted Agenda Note AN176-2005 advising that, whilst the current Scheme of Delegation for the Planning and Transportation Department granted delegated authority to the Director of Planning and Transportation to authorise members of his staff to enter upon any land at any reasonable time for purposes mentioned in Section 269 and 270 of the Town and Country Planning (Scotland) Act 1997. this delegated power did not extend to rights of entry for enforcement purposes as provided for in Section 156 to 158 of the 1997 Act.

It was therefore agreed that the Scheme of Delegation for the Planning and Transportation Department be amended as follows:-

Delete: The authority to authorise a person to enter upon any land at any reasonable time for the purposes mentioned in Sections 269 and 270 of the 1997 Act.

Add: The authority to authorise a person to enter upon any land at any reasonable time for the purposes mentioned in Sections 156 to 158, 269 and 270 of the 1997 Act.

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

There was submitted Report No 214-2005 by the Director of Planning and Transportation advising members of the action taken in dealing with dangerous buildings during the month of February 2005.

The Committee noted the contents of the report.

ROD WALLACE, Convener.