Planning Committee (including Former Development Management And Development Quality) - 29/08/2005

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 29th August 2005.

Present:-

BAILIES

COUNCILLORS

Councillor Rod WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 27th June 2005 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 04-00918-FUL - (FORMER TAY ROPE WORKS) LAND AT MAGDALEN YARD ROAD, DUNDEE - ERECTION OF TWO DWELLINGHOUSES FOR MR R JOHNSTON

The Committee acceded to requests which had been received for deputations to address the Committee in support of, and relative to objections to the abovementioned 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 refused the application on the grounds that:

(i) the proposed erection of houses on this restrictive linear site would detract from the character of the West End Lanes Conservation Area by introducing a discordant form of backland development contrary to Policies 1, 4, 55 and 61 of the Dundee Local Plan Review and the statutory duty under Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997; and

(ii) the proposed development would detract from the residential amenities enjoyed by surrounding occupiers by reason of the visual impact, potential overshadowing and a reduction of privacy as a result of the proposed southmost dwellinghouse and the potential adverse impact of the development on the road traffic safety of Thomson Street and would therefore contravene Policy 4 and Policy 55 of the Dundee Local Plan Review 2005.

(b) 05-00212-FUL - 15-17 DUNDONALD STREET AND 35-39 DENS ROAD, DUNDEE, DD3 7QA - RESIDENTIAL DEVELOPMENT COMPRISING 29 TOWNHOUSES AND 14 APARTMENTS - FOR MR J CARROLL

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

(c) 05-00224-FUL - 71 SOUTH ROAD, DUNDEE, DD2 3EG - DEMOLITION OF EXISTING BUILDINGS AND ERECTION OF FOODSTORE ANCILLARY ACCOMMODATION, STORAGE AND ASSOCIATED CAR PARK - FOR LIDL UK GMBH

The Committee acceded to requests which had been received for deputations to address the Committee in support of the abovementioned 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, considering objections received, Councillor Shimi, seconded by Bailie Farquhar, moved approval of the application subject to standard conditions to be determined by the Director of Planning and Transportation.

As an amendment, the Convener, seconded by Councillor Scott moved refusal of the application on the grounds that:-

(i) the proposal is contrary to Town Centres and Retailing Policy 4 (Out of Centre Retailing) of the Dundee & Angus Structure Plan 2001-2016 as it fails to meet any of the criteria of the policy. There are no material considerations that would justify departing from the policies of the development plan in this instance;

(ii) the proposal is contrary to Town Centres and Retailing Policy 2 (District Centres) of the Dundee & Angus Structure Plan 2001-2016 as it would fail to support the vitality and viability of Lochee District Centre. There are no material considerations that would justify departing from the policies of the development plan in this instance;

(iii) the proposal is contrary to Policy 26 (General Economic Development Areas) of the Dundee Local Plan Review 2005 as it would result in the establishment of a non-conforming retail use within an existing general economic development area. There are no material considerations that would justify a departure to the provisions of the development plan in this instance;

(iv) the proposal is contrary to Policy 45 (Location of New Retail Developments) of the Dundee Local Plan Review 2005 as it fails to meet the criteria of the policy. There are no material considerations that would justify a departure to the provisions of the development plan in this instance;

(v) the proposal is contrary to Policy 38 (District Centres) of the Dundee Local Plan Review 2005 as it would have a detrimental affect on the vitality and viability of Lochee District Centre. There are no material considerations that would justify a departure to the provisions of the development plan in this instance; and

(vi) the proposal is contrary to the guidance of National Planning Policy Guideline 8 (Revised 1998) Town Centres and Retailing as it fails to meet all of the criteria contained in paragraph 45.

On a division, there voted for the motion - Lord Provost Letford, Bailies Farquhar, Wright, Corrigan, Powrie and Mackie and Councillors Shimi, Keenan, Sturrock, Grant, Hind, Morrow, Macpherson, Dick, Don, Duncan, Beattie, Andrew Dawson, Roberts, Barrie, Will Dawson, Fordyce and Webster (23); and for the amendment - the Convener and Councillor Scott (2); whereupon the motion was declared carried.

(d) 05-00354-COU - 2A, 4 & 8 PERTH ROAD, DUNDEE - CHANGE OF USE FROM OFFICES TO RESTAURANT ON GROUND FLOOR AND INTERNET CAFI IN BASEMENT FOR MIDDLEBANK LIMITED

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

(e) 05-00329-COU - 21 BALUNIEFIELD ROAD - CHANGE OF USE FROM COMMERCIAL UNIT TO HOT FOOD TAKEAWAY FOR MR K L LAW

After considering objections received, the Committee refused the application on the grounds that the proposed change of use is contrary to Policy 53 of the Dundee Local Plan Review 2005 as there are residential properties within 30 metres whose existing amenity would be detrimentally affected and in particular from disturbance due to noise and anti social behaviour. There are no material considerations that would justify departing from the policies of the development plan in this instance.

(f) 05-00359-FUL - LOFTUS FILLING STATION, 305 QUEEN STREET, BROUGHTY FERRY - ERECTION OF SEVEN FLATS FOR JUSTICE HOMES LIMITED

Councillor Barrie declared a non-financial interest in the abovementioned application by virtue of residing in close proximity to the proposed development.

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

(g) 05-00360-LBC - BELSIZE HOUSE, BELSIZE ROAD, BROUGHTY FERRY - RETROSPECTIVE CONSENT FOR REPLACEMENT WINDOWS FOR DEANSIDE LIMITED

After considering objections received, the Committee refused the application on the grounds that the windows which have been installed detract from the appearance of the listed building because the original timber framed windows have been replaced with upvc units and the original genuine astragals and leaded panes have been replaced by windows with false astragals inserted between the panes of glass. The approval of these windows would contravene the statutory duty set out in Section 14 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to preserve the listed building, the advice contained in the "Memorandum of Guidance on Listed Buildings and Conservation Areas" and Policy 60 of the Dundee Local Plan Review 2005.

(h) 05-00434-FUL - 11 BRANTWOOD AVENUE - ALTERATIONS OF WINDOW TO FRENCH DOORS FOR MR AND MRS DAVIES

The Committee approved the application subject to the condition that the development hereby permitted shall be commenced within five years from the date of this permission, to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997.

(i) 05-00436-FUL - 11 BAYFIELD GARDENS, BROUGHTY FERRY - DORMER EXTENSIONS FOR MR AND MRS RITCHIE

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

(j) 05-00424-FUL - LAND NORTHWEST OF 27 CLAYPOTTS ROAD, BROUGHTY FERRY - ERECTION OF HOUSES IN GARDEN GROUND FOR MR AND MRS MACKIE

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 refused the application on the grounds that:-

(i) the proposal is contrary to Policy 64 of the Dundee Local Plan Review 2005 as the proposed development will have an adverse visual impact on the setting of Claypotts Castle which is a scheduled ancient monument and A-listed building; and

(ii) the proposal is contrary to Policy 1 of the Dundee Local Plan Review 2005 due to the potential adverse effect on the amenity of neighbouring residents due to the increased traffic movement and formation of a new access at Claypotts Castle Gardens.

(k) 05-00469-COU - 34 REFORM STREET - CHANGE OF USE FROM PUBLIC HOUSE TO SOLICITOR'S OFFICE FOR BLACKADDERS

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

(l) 05-00457-CON - 15 PARK WYND - DEMOLITION OF FACTORY BUILDING 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.

(m) 05-00462-FUL - LAND TO EAST OF ELIZA STREET - ERECTION OF APARTMENTS, TOWNHOUSES AND CHILDREN'S NURSERY, FORMATION OF APARTMENTS, SHOPS AND OFFICE FOR Q DECO LIMITED

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

(n) 05-00538-FUL - 96A VICTORIA ROAD - FIRST FLOOR HALL EXTENSION FOR TAYSIDE ISLAMIC AND CULTURAL EDUCATION SOCIETY

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

(o) 05-00532-FUL - 1 FAIRLIE TERRACE - EXTENSIONS TO ROOF AND FORMATION OF TWO DORMERS FOR MR AND MRS SCOTT

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

(p) 05-00568-FUL - LAND TO WEST OF A90, FORFAR ROAD - INSTALLATION OF TIMBER TELEGRAPH POLE AND THREE ANTENNAS ETC FOR VODAPHONE

The Committee acceded to a request which had been received for a deputation to address the Committee in support of the abovementioned 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, after considering objections received, Councillor Dawson, seconded by the Lord Provost, moved refusal of the application on the grounds that the proposal is contrary to Policy 78: Location of Telecommunications Equipment and advice in NPPG 19: Radio Telecommunications due to the visual clutter of this proposed mast together with two others which are approximately 30m and 70m to the north of the application site.

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, Powrie and Mackie and Councillors Keenan, Sturrock, Macpherson, Dick, Duncan, Andrew Dawson, Roberts, Barrie, Will Dawson and Fordyce (15); and for the amendment - the Convener, Bailie Corrigan and Councillors Shimi, Grant, Hind, Morrow, Don, Beattie, Webster and Scott (10); - whereupon the motion was declared carried.

(q) 05-00627-FUL - EAGLE MILL, 1 DENS ROAD - INSTALLATION OF REPLICA FLAGPOLE, INCORPORATING THREE ANTENNAS

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 AN342-2005 advising the Committee of the outcome of the undernoted Planning Appeals.

(a) LAND SOUTH OF 22, 24 AND 26 ROSEANGLE - ERECTION OF SIX TWO STOREY TERRACED HOUSES

Reference was made to the decision of the Council on 16th July 2004 under powers delegated to the Director of Planning and Transportation, to refuse planning permission for the abovementioned proposals because the proposals would:

(a) not provide a satisfactory amenity for existing and proposed residents in terms of access, parking, amenity space and the removal of walls, contrary to Policies H1, H2, BE4 and H10 of the adopted Dundee Local Plan 1998 and Policies 1, 4, 55, 60 and 61 of the Dundee Local Plan Review 2002; and

(b) adversely affect the character and appearance of the conservation area and the adjacent listed building by the removal of distinctive boundary walls and related matters, contrary to Policies BE11 and BE17 of the adopted Dundee Local Plan 1998 and NPPG18 and the Memorandum of Guidance.

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) LAND WEST OF BOWLING GREEN , BLACKNESS ROAD, BALGAY HILL, DUNDEE - INSTALLATION OF TELECOMMUNICATIONS MAST (02 (UK) LTD)

Reference was made to Article 1(c) of the minute of meeting of this Committee of 25th October 2004 wherein the above proposal was refused planning permission because in the view of the Council the applicants had failed to satisfactorily justify the chosen location of the mast and that the proposal would be visually prominent immediately adjacent to a public park and Conservation Area (contrary to Policy BE31 of the adopted Dundee Local Plan 1998, Policy 78 of the Finalised Dundee Local Plan Review 2003 and the Council's non statutory policies relating to telecommunications developments).

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 condition relating to the removal of the equipment with six months of it ceasing to be operational.

(c) 2 CHRISTIAN ROAD, DUNDEE - EXTENSION TO DWELLINGHOUSE

It was reported that the applicant had appealed to Scottish Ministers under Section 47(2) of the Town and Country Planning (Scotland) Act 1997 because the Council had failed to reach a decision within the statutory two month period.

It was reported that the appeal had been determined by written representations and had been upheld with non-standard conditions relating to tree protection, landscaping, landscaping management, finishing materials, glazing and details of the drainage system for the proposed swimming pool.

(d) LAND TO SOUTH OF DUNDEE ROAD WEST/EAST OF BROUGHTY FERRY ROAD, DUNDEE - OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT

Reference was made to Article 1(e) of the minute of meeting of this Committee of 28th February 2005 wherein the above proposal was refused planning permission because the proposal conflicted with Policy H10 of the adopted Dundee Local Plan 1998 and Policies 2 and 4 of the Finalised Dundee Local Plan Review (housing design and location).

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.

(e) 3B ELLIESLEA ROAD, BROUGHTY FERRY, DUNDEE - CHANGE OF USE FROM OFFICE TO OFFICE AND CHILDREN'S DAY CARE NURSERY

Reference was made to Article 1(d) of the minute of meeting of this Committee of 25th October 2004 wherein the above proposal was refused planning permission because the Council considered that the proposal would increase levels of traffic using the private driveway to the property; would increase demands on restricted parking facilities; and would intensify noise levels, all adversely affecting residential amenity contrary to the provisions of the adopted Dundee Local Plan 1998 (Policy H1). In addition the Council considered that the proposals would adversely affect traffic and pedestrian safety on Ellieslea Road due to the narrowness and restricted forward visibility available at the private driveway junction.

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.

(f) UNIT 6B, 3 WHITEHALL STREET, DUNDEE, DD1 4AA - CHANGE OF USE FROM SHOP UNIT TO BETTING OFFICE

Reference was made to Article 1(i) of the minute of meeting of this Committee of 28th February 2005 wherein the above proposal was refused planning permission because the proposal conflicted with Policy 34 of the Finalised Dundee Local Plan which provides for the resistance of unacceptable Class 2 uses in the retail core area.

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 non-standard condition relating to the submission of window display details for approval.

III NPPG19: RADIO TELECOMMUNICATIONS

There was submitted Agenda Note AN343-2005 relative to concerns raised by the Council with COSLA relative to a potential lack of clarity in NPPG19 regarding the eligibility of health matters as material considerations in the determination of planning applications. Following a letter from COSLA to the relevant Minister, the Convener and Director met with Scottish Executive officers to explain the concerns that COSLA's constituent member Councils have in implementing the current guidance.

It was reported that as a result of this meeting, the Minister had written to COSLA seeking to clarify these issues. Her letter, firstly, advises that she intends to fully review NPPG19 in late 2006 in order to remove any confusion regarding the handling of concerns about radio frequency emissions. Secondly, the Minister's letter goes on to explain that it was the Executive's view that there was no evidence to justify planning authorities treating radio frequency emissions as a material consideration.

The Committee noted that on this basis, the Director of Planning and Transportation intended to continue to advise the Committee that they should not take into account any possible health matters relating to radio frequency emissions when considering planning applications for radio telecommunication masts.

IV PLANNING IN SCOTLAND CONFERENCE, EDINBURGH, 6TH SEPTEMBER 2005

There was submitted Agenda Note AN344-2005, advising that the Director of Planning and Transportation was attending the above conference, which would focus on the implications of the recent White Paper on Planning in Scotland, at a cost per delegate of 199 excluding travel and subsistence.

The Committee approved the attendance of the Convener or his nominee.

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

There was submitted Report No 427-2005 by the Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during the months of May and June 2005.

The Committee noted the contents of the report.

VI AMENDMENT TO SCHEME OF DELEGATION

There was submitted Agenda Note AN345-2005, advising that the Building (Scotland) Act 2003 became operational on 1 May 2005 replacing the Building (Scotland) Act 1959. Under the terms of the Council's Scheme of Delegation, provisions for serving notices under the terms of 1959 Act had been delegated to the Director of Planning and Transportation. The Building (Scotland) Act 2003 confers upon Local Authorities the power to issue new notices. These are a replacement and extension of the enforcement powers granted under the previous Act. The Committee agreed to changes in Scheme of Delegation to delegate the serving of notices under the Building (Scotland) Act 2003 under the undernoted sections:-

Section 25: Building Regulation Compliance Notice

Section 26: Continuing Requirement Notice

Section 27: Building Warrant Enforcement Notice

Section 28: Defective Buildings Notice

Section 29/30: Dangerous Building Notice

The Committee further remitted to the Depute Chief Executive (Support Services) to make the necessary amendments to Standing Orders.

Rod WALLACE, Convener