Planning Committee (including Former Development Management And Development Quality) - 27/06/2005

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 27th June 2005.

Present:-

BAILIES

COUNCILLORS

Councillor Rod WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 23rd May 2005 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 05-00310-FUL - LAND TO NORTH OF BOWLING CLUB, BALGAY ROAD - INSTALLATION OF 15M CYPRESS TREE TELECOMMUNICATIONS MAST AND ASSOCIATED DEVELOPMENT FOR VODAFONE

Councillor Don declared a non-financial interest in this item by virtue of the proximity of the proposed development to his home.

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, having considered objections received, Bailie Powrie, seconded by Councillor Barrie moved refusal of the application on the grounds that -

(i)the application is contrary to Policy 78 - Location of Telecommunications Equipment in the Finalised Dundee Local Plan 2003 and Policy 7 "Public Parks and Public Open Spaces" of the Council's adopted Non-Statutory Planning Policies in Relation to Telecommunications and other Apparatus as the development is for the erection of an artificial "tree like" mast which is inappropriate for this prominent location adjoining the tennis courts and bowling green and close to the play area; and

(ii)the development would adversely affect the environmental quality by virtue of its design and visual impact and is contrary to Policy BE31 of the Dundee Local Plan 1998.

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 Wright, Corrigan, Powrie, Mackie and Borthwick and Councillors Keenan, Sturrock, Hind, Macpherson, Duncan, Beattie, Roberts, Barrie, Dawson and Webster (16); and for the amendment - the Convener, Councillors Shimi, Grant, Morrow and Scott (5), Bailie Farquhar declining to vote as he had been absent during part of the deliberations, and Councillor Don being absent when the vote was taken whereupon the motion was declared carried.

(b) 05-00299-FUL - LAND NORTH OF MAYFIELD SPORTS GROUND, ARBROATH ROAD - INSTALLATION OF 12M SLIMLINE MONOPOLE MAST AND ANCILLARY DEVELOPMENT FOR VODAFONE

After considering objections received, Bailie Corrigan seconded by Lord Provost Letford, moved refusal of the application on the grounds that:-

(i)the proposed mast, taking into account its proximity to housing, would have an adverse impact on the visual amenity of this predominantly residential area thus contravening Policies H1 and BE31 of the adopted Dundee Local Plan 1998, Policies 1 and 78 of the Finalised Dundee Local Plan Review, the Council's "Non Statutory Policies in Relation to Telecommunications Masts and Other Apparatus" and Government advice on the siting and design of telecommunications masts set out in NPPG19 and PAN62; and

(ii)the proposed mast, taking into account its proximity to the listed wall and gateway of the Eastern Necropolis, would have an adverse impact on the setting of the listed structures contrary to Policy 55 of the Finalised Dundee Local Plan Review and the requirements of Section 59 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to have special regard to the desirability of preserving the setting of listed buildings.

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, Mackie and Borthwick and Councillors Keenan, Sturrock, Hind, Macpherson, Don, Duncan, Beattie, Roberts, Barrie, Dawson and Webster (18); and for the amendment - The Convener and Councillors Shimi, Grant, Morrow and Scott (5), whereupon the motion was declared carried.

(c) 05-00033-FUL - HAWKHILL COURT, MID WYND - ERECTION OF 19 TOWNHOUSES AND 82 FLATS FOR SCOTTISH CAPITAL GROUP

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

(d) 05-00175-COU - 40 TO 42 BROWN STREET - CHANGE OF USE FROM WAREHOUSE/WORKSHOP TO DANCE STUDIO - FOR MR J DE VRIES

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

(e)LAND BETWEEN 60 AND 62 FINTRY PLACE, BROUGHTY FERRY - OUTLINE PROPOSAL FOR NEW BUILD HOUSE FOR MR S McNALLY

This application was withdrawn.

(f) 05-00207-FUL - SITE 5, WILLIAM FITZGERALD WAY - DEVELOPMENT OF 68 HOUSES FOR BALDRAGON HOMES LIMITED

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

(g) 04-00578-COU - LAND TO EAST OF THE MANSE, 58 TURNBERRY AVENUE - CHANGE OF USE FROM TEMPORARY RETAIL UNIT TO VILLAGE HALL FOR ELIZABETH GURVAN

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

(h) 05-00202-FUL - FORMER RAILYARD SITE, GREENMARKET - FOUR STOREY OFFICE BUILDING AND ASSOCIATED CAR PARKING AND LANDSCAPING FOR SCOTTISH ENTERPRISE TAYSIDE

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

(i) 05-00262-FUL - LAND TO EAST OF MEDICAL SCHOOL LABORATORY BLOCK, NINEWELLS HOSPITAL AND MEDICAL SCHOOL - ERECTION OF THREE STOREY RESEARCH CENTRE FOR UNIVERSITY OF DUNDEE

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

(j) 05-00305-FUL - LAND NORTH OF HAWKHILL - ERECTION OF 113 FLATS FOR STUDENT ACCOMMODATION FOR AQH PROJECT DEVELOPMENTS LIMITED

The Committee acceded to a request which had been received for a deputation to address the Committee in support of the above mentioned 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.

(k) 05-00136-FUL - MAINS OF GRAY, LIFF ROAD - ERECTION OF RIDING CENTRE FOR THE DISABLED FOR THE BRAE PARTNERSHIP

The Committee acceded to a request which had been received for a deputation to address the Committee in support of the above mentioned 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 undernoted conditions:

(i)the development hereby approved shall be for sole use of the Brae Partnership, to provide horse riding and carriage driving for disabled people and for no other use within Class 11 of the Town and Country Planning (Use Classes) (Scotland) Order 1997;

(ii)the access road to the north shall be upgraded and passing places shall be provided prior to the commencement of development. Access to the site shall only be taken from this road;

(iii)prior to the commencement of development, signs shall be erected at the east end of Gray Walk to advise that there is no access to the site from Gray Walk and directing drivers to the Liff entrance. The details of such signs shall be submitted to the City Council for approval prior to their installation and if approved they shall be retained on site for the duration of the operation of the centre;

(iv)prior to the commencement of development a comprehensive landscaping plan shall be submitted detailing hard and soft landscaping and shall include the provision of four replacement trees as follows: Four Quercus petraea, extra heavy standard, root balled to be planted at the boundary of the outdoor arena as per BS4428: 1989 minimum girth 20-25 cms to be maintained for a period of five years;

(v)the landscaping scheme as detailed in Condition (iv) shall be fully implemented as approved within six months of the first use of the site unless agreed in writing with the Planning Authority. Any trees which are planted and which die within five years of planting shall be replaced with trees of the same species and size as previously approved; and

(vi)prior to the commencement of development, details of the proposed comprehensive Foul and Surface Water Drainage System shall be submitted to the City Council for approval in consultation with SEPA, and if approved, the works shall be carried out only in accordance with such approved details.

(l) 05-00217-FUL - 11A THOMSON STREET - ERECTION OF DOUBLE GARAGE FOR MRS A CAIRD

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

(m) 05-00281-FUL - 7 GAIRLOCH ROAD, BROUGHTY FERRY - EXTENSION TO DWELLINGHOUSE FOR MR H WALKER

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

(n) 05-00308-FUL - 54 SEAFIELD ROAD, BROUGHTY FERRY - EXTENSION AND ALTERATIONS TO DWELLINGHOUSE FOR MR AND MRS PAUL MOODY

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

(o) 05-00324-FUL - 53 FINTRY ROAD - SHOWER ROOM AND BEDROOM EXTENSION TO HOUSE FOR MR AND MRS M FAHEY

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

(p) 05-00351-FUL - BALLUMBIE ESTATE (PHASE 7A) - ERECTION OF NINE 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.

(q) 05-00286-COU - 100 CLEPINGTON ROAD - CHANGE OF USE FROM TANNING SALON TO HOT FOOD TAKEAWAY FOR MR JOHN HUME

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

(r) 05-00403-FUL - McMANUS GALLERIES, ALBERT SQUARE - ENVIRONMENTAL IMPROVEMENTS TO EXTERNAL LANDSCAPING FOR SCOTTISH ENTERPRISE TAYSIDE

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

(s) 05-00387-FUL - THE THREE BARRELS, 43-45 STRATHMARTINE ROAD - PROPOSED BEER GARDEN TO REAR OF BUILDING FOR COMMERCIAL PUB COMPANY

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

(t) 05-00332-COU - 100 ALBERT STREET - CHANGE OF USE FROM RETAIL PREMISES TO HOT FOOD TAKEAWAY FOR TOW CHAIM

Councillor Morrow declared a financial interest in this item by virtue of the proximity of this development to his home.

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

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

(ii)the proposed development is contrary to Policy H1: Existing Residential Areas of the Dundee Local Plan 1998 as the development is likely to adversely affect the environmental quality enjoyed by local residents by reason of increased noise due to the late hours of operation and potential litter problems and there are no material considerations of sufficient strength to justify the granting of planning permission contrary to that policy;

(iii)the proposed development is contrary to Policy 53: Licensed and Hot Food Premises Outwith the City Centre of the Finalised Dundee Local Plan Review as the site immediately adjoins existing residential properties and is likely to cause potential future problems for residents in terms of noise due to late opening hours and litter problems; and

(iv)the proposed development is contrary to Policy 1: Vibrant and Sustainable Communities of the Finalised Dundee Local Plan Review as the development is likely to adversely affect the environmental quality enjoyed by local residents by reason of increased noise due to late opening hours and litter problems.

(u) 05-00371-FUL - 19 DUNALISTAIR GARDENS, BROUGHTY FERRY - ERECTION OF GARAGE TO WEST OF HOUSE FOR MR M MILNE

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

II APPEAL DECISIONS

There was submitted Agenda Note AN274-2005 advising the Committee of the undernoted decisions:-

(a)UNIT 1, BLOCK 5, NOBEL ROAD, DUNDEE - ALLEGED UNAUTHORISED CHANGE OF USE FROM WHOLESALE TO RETAIL USE (CLASS 1) AT THE ABOVE ADDRESS

It was reported that on 25th October 2004 the Council had served an Enforcement Notice in respect of alleged unauthorised change of use from wholesale to retail use (Class 1) at the above address, requiring that the trading as retail premises should cease within thirty days of the Notice taking effect.

It was reported that the Notice had been appealed by the applicant under the provisions of Section 130 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997.

The appeal was subsequently determined by written representations and had been dismissed and the terms of the Enforcement Notice upheld.

(b)LAND AT 534B STRATHMARTINE ROAD - ERECTION OF 14.5 MONOPOLE TELECOMMUNICATIONS MAST

Reference was made to Article 1(m) of the minute of meeting of this Committee of 27th September 2004 wherein the above proposal was refused planning permission because the Council considered that the proposal contravened Policy H1 of the adopted Dundee Local Plan 1998 in that the mast was to be located within thirty two metres of an existing mast and the cumulative impact would lead to a loss of environmental quality enjoyed by local residents.

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 had been upheld with conditions specifying that the development should be commenced within five years of the date of the permission (standard statutory condition) and that in the event of the equipment becoming obsolete or redundant it shall be removed and the site reinstated to the satisfaction of the Council.

III OUTLINE PLANNING APPLICATION FOR 147 RESIDENTIAL DWELLINGS AT NORTH BALGILLO

There was submitted Agenda Note AN275-2005 making reference to Article I of the minute of meeting of this Committee of 23 February 2004 wherein the Committee agreed to grant planning permission for this development subject to the conclusion of a Section 75 Agreement covering various matters. Negotiations on the terms of this Agreement were ongoing but had not yet been concluded.

Reference was also made to Article X of the minute of meeting of the Planning and Transportation Committee of 20 June 2005, advising the Committee of the objections and representations received in respect of proposed modifications to the Finalised Dundee Local Plan Review and the Council's response to the PLI Report. Objections had been received to the allocation of this site under Proposal H71 Balgillo North in the Finalised Dundee Local Plan Review. These objections had been considered at the Public Local Inquiry into the Local Plan. In the PLI Report, the Reporter concluded that the allocation was not in accordance with the Dundee and Angus Structure Plan and recommended that the proposal be deleted. However, the Council did not agree with the Reporter's conclusions regarding this site and had not proposed any modification to the allocation of this site in the Local Plan.

The Committee therefore agreed to note the position and reaffirm their previous decision of 23rd February 2004 that they were minded to grant planning permission for this development subject to the conclusion of a Section 75 Agreement covering various matters.

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

There was submitted Report No 358-2005 by the Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during the month of April 2005.

The Committee noted the contents of the report.

V DANGEROUS BUILDING AT 10 AND 16 NELSON STREET

There was submitted Report No 310-2005 by the Director of Planning and Transportation updating the Committee on progress being made in dealing with the dangerous building at 10 and 16 Nelson Street and seeking authority for further action.

The Committee agreed to:-

(a)note the position with regard to the Notices served to date and approve an Order under Section 13 of the Building (Scotland) Act requiring operations on a dangerous building to be served on the owners;

(b)note the tenders submitted for carrying out the works and authorise the Depute Chief Executive (Support Services) to accept the offer of 17,200 from Dundee Plant Limited in the event that the Order is not complied with: and

(c)authorise the overall expenditure of 24,520 including professional fees and contingencies

ROD WALLACE, Convener.