Planning Committee (including Former Development Management And Development Quality) - 31/10/2005

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 31st October 2005.

 

Present:-

 

Lord Provost John R LETFORD

 

 

 

BAILIES

 

C D P FARQUHAR

Neil I C POWRIE

Bruce D MACKIE

Helen WRIGHT

 

Ian BORTHWICK

 

COUNCILLORS

 

Jill SHIMI

Fraser MACPHERSON

Christina ROBERTS

Kevin KEENAN

Helen DICK

Jim BARRIE

Julia M STURROCK

Andrew DAWSON

Will DAWSON

Fiona M GRANT

Joe FITZPATRICK

Elizabeth F FORDYCE

Christopher HIND

 

Roderick A J WALLACE

Charles A WEBSTER

 

Derek J SCOTT

 

 

Councillor Rod WALLACE, Convener, in the Chair.

 

The minute of meeting of this Committee of 26th September 2005 was held as read.

 

Unless marked thus * all items stand delegated.

 

I PLANNING APPLICATIONS

 

(a) LAND TO NORTH AND EAST OF WESTERN CEMETERY, MARCHFIELD ROAD - ERECTION OF 4 DWELLINGHOUSES FOR M MCNAUGHT

 

This application was withdrawn.

 

(b) 05-00285-FUL - 13 TO 17 CANDLE LANE/62 TO 63 DOCK STREET - ERECTION OF 30 NEW FLATS AND CONVERSION OF UPPER FLOOR OF FORMER SAILORS HOME TO 8 FLATS - FOR PETER INGLIS

 

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 following being added to Recommendation 1:- "(c) the prohibition of any of the proposed dwellings becoming a house in multiple occupation".

 

(c) 05-00328-FUL - LAND WEST OF HUNTER STREET/NORTH OF OLD HAWKHILL - NEW TEACHING ACCOMMODATION FOR UNIVERSITY OF DUNDEE

 

Councillor Webster declared a non-financial interest in this item by virtue of being employed by the applicant.

 

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

 

(d) 78 LONGTOWN ROAD - ERECTION OF 3850M2 CLASS 6 WAREHOUSE, 4 NEW LOADING DOCKS IN EXISTING WAREHOUSE, 21.9M2 OFFICE AND 1.6M HIGH BOUNDARY FENCE - FOR C J LANG & SON LIMITED

 

This item was deferred in order to seek further information.

 

(e) LAND WEST OF RICHMOND TERRACE - ERECTION OF DWELLINGHOUSE - FOR MR WAYNE ALLEN

 

This item was withdrawn.

 

(f) 05-00594-COU - 59 TO 63, 65 KING STREET, BROUGHTY FERRY - CHANGE OF USE FROM COMMERCIAL UNITS TO 2 FLATS - FOR MS V WHITE

 

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

 

(g) 05-00612-FUL - LAND TO WEST OF 8 RERES ROAD, BROUGHTY FERRY - ERECTION OF DWELLINGHOUSE WITHIN GARDEN GROUND - FOR MR I LINDSAY

 

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

 

(h) 05-00673-FUL - LAND EAST OF LINLATHEN HOUSE LODGE, ARBROATH ROAD - ERECTION OF 39 DWELLINGHOUSES AND ASSOCIATED GARAGES AND GARDEN GROUND - FOR G.L. RESIDENTIAL LIMITED

 

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

 

(i) 05-00697-COU - 32 REFORM STREET - CHANGE OF USE FROM ARCADE (SUI GENERIS) TO BETTING SHOP (CLASS 2) - FOR G.A. ESTATE AGENCY LIMITED

 

After considering objections received, the Committee refused the application on the grounds that the proposed change of use is contrary to Policy 34 of the Dundee Local Plan Review 2005 as the use would be an unacceptable Class 2 use in the City Centre Retail Core. There are no material considerations of sufficient strength to support the granting of planning permission contrary to that policy.

 

(j) 05-00753-FUL - FLAT G/1, 56 ROSEANGLE - ALTERATIONS TO GROUND, BASEMENT FLAT FOR ROBERT MCNAUGHER

 

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

 

(k) 12 CLIFFBURN GARDENS, BROUGHTY FERRY - FORMATION OF DORMER ON SOUTH ELEVATION OF HOUSE FOR MR AND MRS MACDONALD

 

This application was withdrawn.

 

(l) 05-00761-OUT - 54 ALBANY ROAD, BROUGHTY FERRY - ERECTION OF DWELLINGHOUSE FOR MR AND MRS E WEBSTER

 

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

 

(m) 05-00784-FUL - 300 BROUGHTY FERRY ROAD - SINGLE STOREY EXTENSION TO NORTH AND EAST ELEVATION FOR MR D MCINTOSH

 

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

 

(n) 21 BALDOVAN ROAD - ERECTION OF 1.5 STOREY HOUSE IN GARDEN GROUND FOR MR AND MRS HANSEN

 

This application was withdrawn.

 

(o) 05-00802-COU - 60 VICTORIA ROAD - CHANGE OF USE TO FORM 4 FLATS WITH ELEVATIONAL ALTERATIONS FOR PYGMALION PROPERTIES LIMITED

 

The Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation, and subject to the additional condition that "prior to the commencement of development, a Noise Impact Assessment shall be submitted for the prior approval of the Council in order to determine the standard of glazing required to mitigate traffic noise, in the interests of the amenity of future occupants of the flats".

 

(p) 05-00849-COU - 44A COURT STREET - CHANGE OF USE TO HOT FOOD TAKEAWAY FOR MR SAGHIR AHMED

 

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 existing 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.

 

(q) 05-00822-FUL - 23 ELIE AVENUE, BROUGHTY FERRY - SINGLE STOREY FLAT ROOF EXTENSION ON SOUTH ELEVATIONS FOR J LIVIE

 

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

 

(r) 05-00854-FUL - 22 HOLLY ROAD, BROUGHTY FERRY - ATTIC CONVERSION WITH DORMER EXTENSION FOR MR AND MRS GUTHRIE

 

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 AN429-2005 advising the Committee of the outcome of the undernoted planning appeals:-

 

(a) LAND AT THE LODGE, 4 GROSVENOR ROAD, DUNDEE - TREE ENFORCEMENT APPEAL: REPLACEMENT OF 37 TREES

 

Reference was made to Article III of the minute of meeting of the Planning and Transportation Committee of 20 December 2004 wherein the Members agreed that a Tree Replacement Notice be served at the above site as the Council was of the opinion that mature trees were either dead or dying and that the trees had been wilfully destroyed. The site lay within a Conservation Area and the requisite Notice to the Council specifying the works to be done to the trees had not been made, as required under planning legislation. This period of notice would have offered the Council the opportunity to either consent to the works or to consider making a Tree Preservation Order.

 

The Tree Replacement notice was served on the owner of the land and required the 37 trees to be replaced on a 1:1 basis by 30 April 2005.

 

It was reported that the terms of the Tree Replacement Notice were appealed under the provisions of Section 169 of the Town & Country Planning (Scotland) Act.

 

The appeal had subsequently been determined by public inquiry and had been upheld with a variation to its terms requiring the trees to be replaced during the period for compliance which was now six months from the date on which the Notice comes into effect i.e. by 22 March 2006.

 

(b) BALTIC WORKS, 28 ANNFIELD ROAD, DUNDEE: TELECOMMUNICATIONS ANTENNAE (6) MOUNTED ON A CHIMNEY AT A HEIGHT OF 20 METERS

 

Reference was made to Article 1(d) of the minute of meeting of this Committee of 6 December 2004 wherein the above proposal was refused planning permission because of the inappropriateness of the site given "its proximity to two health centres and a primary school, given the health concerns" and because the applicant had failed to consider a greater range of alternative sites.

 

It was reported that the decision was appealed by the applicant under the provisions of Section 47 and Schedule 4 of the Town & Country Planning (Scotland) Act 1997.

 

The appeal had subsequently been determined by written representations and the appeal had been upheld with the application of a condition relating to the removal of the apparatus when obsolete or redundant.

 

(c) WATER TREATMENT, CLATTO WORKS, DALMAHOY DRIVE, DUNDEE: 29 METRE TELECOMMUNICATIONS MONOPOLE AND TWO EQUIPMENT CABINETS.

 

Reference was made to Article 1(b) of the minute of meeting of this Committee of 6 December 2004 wherein the above proposal was refused planning permission because the Council considered that by virtue of its design, the proposal would adversely affect the amenity of that predominantly residential area (Policy H1 Dundee Local Plan 1998 and Policy 2 of the Council's non‑statutory policies relating to telecommunications developments; no alternative locations were promoted; and the Council considered that the public perception of risk to health should be given weight as a material consideration.

 

It was reported that the decision was appealed by the applicant under the provisions of Section 47 and Schedule 4 of the Town & Country Planning (Scotland) Act 1997.

 

The appeal had subsequently been determined by written representations had been upheld with the application of a condition relating to the removal of the apparatus when obsolete or redundant.

 

Arising from items (b) and (c) above, it was remitted to the Director of Planning and Transportation to report back on the most appropriate means of contacting the Scottish Executive and/or the National Radiological Protection Board with a view to establishing the current position with regard to health concerns in connection with telecommunication apparatus.

 

III DEVELOPMENT QUALITY CHARTER

 

There was submitted Report No 592-2005 by Director of Planning and Transportation seeking the agreement of the Committee to the terms of a Development Quality Charter and to seeking authority to publicise the Charter via the Council's Website, public libraries and other appropriate outlets.

 

The Committee agreed to approve the terms of the Development Quality Charter, and remitted to the Director of Planning and Transportation in consultation with the Chief Executive to publicise the Charter via the Council's Website, public libraries and other appropriate outlets.

 

IV BUILDING (SCOTLAND) ACT 2003

 

There was submitted Report No 636-2005 by the Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during the month of August 2005.

 

The Committee noted the contents of the report.

 

 

 

 

 

Rod WALLACE, Convener.