Planning Committee (including Former Development Management And Development Quality) - 26/09/2005

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 26th September 2005.

Present:-

BAILIES

COUNCILLORS

Councillor Rod WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 29th August 2005 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 05-00643-FUL - LAND TO THE SOUTH OF PANMUREFIELD SCREENING CHAMBERS, PANMUREFIELD ROAD, BROUGHTY FERRY - ERECTION OF 24 METRES HIGH CYPRESS TREE TELECOMMUNICATIONS MAST AND ANCILLARY EQUIPMENT FOR VODAFONE UK LIMITED

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

(b) 05-00678-FUL - CLAVERHOUSE INDUSTRIAL ESTATE EAST, CHARLES BOWMAN AVENUE, CLAVERHOUSE WEST INDUSTRIAL ESTATE - ERECTION OF 12 SM HIGH TELECOMMUNICATIONS MAST ACCOMMODATION 3ND TRIBAND ANTENNA AND ERECTION OF IND GROUND BASED EQUIPMENT CABINET FOR 02 UK

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

(c) 05-00735-FUL - LAND ADJACENT TO ASDA, DERWENT AVENUE - INSTALLATION OF A 125 M HIGH TELECOMMUNICATIONS MAST AND 2WO EQUIPMENTS CABINET FOR 02 UK

After considering objections received, Councillor Dick, seconded by Councillor Macpherson, moved refusal of the application on the grounds that:-

(i) the proposal would appear prominent, intrusive and incongruous in the street scene. Accordingly, the proposal would have a detrimental impact on the visual amenity of the predominantly residential area, contrary to Policy 1 of the Dundee Local Plan Review 2005;

(ii) the proposed monopole, by virtue of its height, girth and its positioning in an exposed location, would be detrimental to the visual amenity of the area, contrary to the provisions of Policy 78 of the Dundee Local Plan Review 2005; and

(iii) the proposed monopole would, by detracting from the visual amenity of the area, prejudice the implementation of the Council's approved strategy for the regeneration of the area, which includes the formation of a village green on the land to the east 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, Corrigan, Powrie, Mackie and Borthwick, and Councillors Keenan, Sturrock, Hind, Macpherson, Dick, Roberts, Barrie, Will Dawson, Fordyce and Webster (16); and for the amendment - the Convener, Councillors Shimi, Morrow, Don and Scott (5) - whereupon the motion was declared carried.

(d) 05-00607-FUL - MICHELIN TYRES PLC, BALDOVIE ROAD - ERECTION OF TW0 120.5 SM HIGH WIND TURBINE GENERATORS AND ALTERATIONS TO INTERNAL ROADS FOR MICHELIN TYRES PLC

The Committee acceded to two requests for deputations to address the Committee in support of the application. After the deputations had stated their case and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

Thereafter, having considered objections received, Bailie Corrigan, seconded by Bailie Powrie, moved refusal of the application on the grounds that it is contrary to Policy No 1. in that it will have an adverse impact on residential amenity over a wide area.

As an amendment, the Convener, seconded by Lord Provost Letford, 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 Corrigan, Powrie and Borthwick, and Councillors Dick and Fordyce (5); and for the amendment - the Convener, Lord Provost Letford, Bailie Farquhar and Mackie, and Councillors Shimi, Keenan, Sturrock, Hind, Morrow, Macpherson, Don, Roberts, Barrie, Will Dawson, Webster and Scott (16) - whereupon the amendment was declared carried.

(e) 05-00465-COU - 12 RATTRAY STREET - CHANGE OF USE TO SUPPORT AND REHABILITATION CENTRE FOR THE WEB PROJECT

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

(f) 05-00518-FUL - LAND AT BALMOSSIE FARM, ARBROATH ROAD - AMENDMENT TO PREVIOUS APPLICATION TO EXTEND WESTERN BOUNDARY BY I8.5 METRES AND RELOCATE THREE HOUSES FROM FORMER PLOTS 92 TO 94 TO WESTERN END OF SITE FOR STEWART MILNE HOMES

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

(g) 05-00552-FUL - YARD AT HERONS LANE - ERECTION OF OFFICE, STORAGE, PORTAKABIN, BOUNDARY WALLS AND FORMATION OF YARD FOR CHARLES KEAN, SLATERS

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

(h) 05-00595-FUL - 47 CLEPINGTON ROAD - ERECTION OF DWELLINGHOUSE IN GARDEN GROUND FOR MR AND MRS SMITH

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

(i) 05-00631-FUL - LAND TO THE NORTHEAST OF 37 CITY ROAD - ERECTION OF 21 TOWN HOUSES FOR RAD DEVELOPMENTS LIMITED

After considering objections received, the Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation, and subject to the additional condition that the development shall not begin until a scheme to deal with waste recycling has been submitted to and approved in writing by the Planning Authority. The development shall not be brought into use until the measures that have been agreed have been put in place in full accordance with the agreed plan.

(j) 05-00677-FUL - LAND NORTH OF HAWKHILL - ERECTION OF 122 FLATS FOR STUDENT OCCUPATION WITH COMMON ROOM, OFFICE, LAUNDRY FACILITY AND NEW RESTAURANT FOR AQH PROJECT DEVELOPMENTS LIMITED

Councillor Webster declared a non-financial interest in this application by virtue of his employment by the University of Dundee.

After considering objections received, the Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation, and subject to the additional condition that the development shall not begin until a scheme to deal with waste recycling has been submitted to and approved in writing by the Planning Authority. The development shall not be brought into use until the measures that have been agreed have been put in place in full accordance with the agreed plan.

(k) 05-00653-FUL - 11 ALDER DRIVE, BROUGHTY FERRY - TWO STOREY EXTENSION ON NORTH ELEVATION OF HOUSE FOR MR AND MRS GARDINER

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

(l) 05-00689-FUL - 20 NORWOOD CRESCENT - EXTENSION ON NORTH ELEVATION OF HOUSE FOR MR P MARR

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

(m) 22 HOLLY ROAD, BROUGHTY FERRY - ATTIC CONVERSION WITH DORMER AND BALCONIES FOR MR AND MRS GUTHRIE

This item was withdrawn

(n) 05-00731-ADV - FORMER FILLING STATION, 140 TO 142 ARBROATH ROAD - INSTALLATION OF ILLUMINATED SIGNAGE FOR LADBROKES LIMITED

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

II PLANNING APPEAL DECISION

There was submitted Agenda Note AN387-2005 advising the Committee of the outcome of the undernoted Planning Appeals.

(a) UNIT 2, STEWARTS BUILDINGS, KINGSWAY EAST - CHANGE OF USE FROM VACANT SITE TO CHILDREN'S INDOOR PLAY CENTRE

Reference was made to Article 1(w) of the minute of meeting of this Committee of 31st January 2005 wherein the above proposal was refused planning permission because the Council considered that the proposal contravened the following policies of the adopted Dundee Local Plan and Finalised Local Plan Review:

(1) Policy LT7/Policy 18 (adopted plan/local plan review) - a major leisure use would be established on an out of town location unallocated for that purpose; and

(2) Policy EU1/Policy 26 (adopted plan/local plan review) - a use other than industry or business would be established in an area specifically designated for that purpose.

It was reported that the decision had been 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 conditions requiring the submission of a road safety scheme, control of hours of operation, and confining the use to that specified in the application.

(b) FILLING STATION - CHARLESTON DRIVE

(i) Use of former filling station for second hand car sales (Planning Appeal)

(ii) Car wash facility, ancillary shop and diesel sales (Enforcement Notice Appeal)

Reference was made to Article 1(t) of the minute of meeting of this Committee of 31st January 2005 when planning permission for change of use to car sales was refused as the Council considered that the proposal contravened Policy 27 of the adopted Dundee Local Plan 1998 (car sales to be directed to shopping or industrial locations).

Reference was also made to an Enforcement Notice served by the Council on 18th April 2005 in relation to the alleged unauthorised use of the same property for self serve foam car washing, ancillary shop and the sale of diesel. The Council also served a Stop Notice on the same date. The operation ceased upon the service of this Notice.

It was reported that both the planning decision and enforcement notice had subsequently been appealed by the applicant under the provisions of Sections 47, 130 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997.

In respect of the proposed car sales, the appeal was upheld and planning permission granted for a temporary period of five years in order that monitoring could be undertaken of the various other conditions which the Reporter applied (viz advertisement control, fencing and walling; no car repairs or engine testing; no opening after 9 pm on any evening; operations in accordance with the submitted plans); however the enforcement notice appeal was dismissed and planning permission refused as the report concluded that the car wash and related activities did not comply with Policy H1 of the adopted plan in respect of residential amenity issues.

(c) APPEAL DECISION - 8 WALTON STREET - CHANGE OF USE FROM CAR REPAIR AND VALETING WORKSHOP TO RETAIL SHOP AND STORAGE UNIT

Reference was made to the decision of the Council on 17th February 2005 under powers delegated to the Director of Planning and Transportation to refuse planning permission in respect of the above proposal because it was considered that the proposal did not accord with Policies S19 of the adopted Dundee Local Plan 1998 and Policy 43 of the emerging Finalised Local Plan Review both of which sought to control new corner shopping in areas already adequately served.

It was reported that the decision had been 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 conditions restricting the permission to the detail of the land uses proposed and the allocation of six dedicated car parking spaces.

III BUILDING (SCOTLAND) ACT 2003 - SECTION 29 AND 30 - DANGEROUS BUILDINGS

There was submitted Report No 564-2005 by the Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during the month of July 2005.

The Committee noted the contents of the report.

IV PARTIAL DISCHARGE OF SECTION 75 AGREEMENTS AT PANMUREFIELD VILLAGE

There was submitted Agenda Note AN389-2005 advising that when outline planning permission was granted to Tulloch Homes for a housing development at Panmurefield Village in 1998 the Committee had also requested that a Section 75 Agreement be concluded to cover various issues. The land to be bound by this Agreement included not just the housing land but also the area located for commercial development at Panmurefield Village. Amongst the matters concerned by the Section 75 Agreement, was the provision of a shop and public house at Panmurefield Village. The Agreement was concluded and the consent was issued.

It was reported that the owners of the remaining retail units at Panmurefield Village now wish to sell them off to a third party but wish to have the burden of the Section 75 Agreement removed from them. As the requirements of the Section 75 Agreement insofar as they relate to Panmurefield Village had already been complied with, the Committee agreed to this request.

Rod WALLACE, Convener.