Planning Committee (including Former Development Management And Development Quality) - 05/12/2005

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 5th December 2005.

Present:-

BAILIES

COUNCILLORS

Councillor Rod WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 31st October, 2005 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 05-00786-FUL - WATER TOWER, YARROW TERRACE, DUNDEE - LOCATION OF 3 TELECOMMUNICATIONS ANTENNA, 2 TRANSMISSION DISHES AND ASSOCIATED EQUIPMENT FOR ORANGE PCS

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 it was thanked for its attendance and withdrew.

Thereafter, Councillor Duncan, seconded by Councillor Don, moved refusal of the application on the grounds that:-

"the proposed installation of 3 antenna and 2 transmission dishes on this site will result in an over-proliferation of telecommunications equipment as a result of the cumulative effect of previous developments; this will have a detrimental visual impact on this prominent structure which lies within a residential area".

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, Bailie Borthwick and Councillors Dick, Don, Duncan, Beattie, FitzPatrick, Roberts, Barrie and Fordyce (10); and for the amendment - the Convener, Bailies Farquhar, Corrigan and Mackie, and Councillors Shimi, Keenan, Regan, Hind, Morrow, Webster, Scott (11) - whereupon the amendment was declared carried.

(b) 05-00791-FUL - CLATTO BARNS WORKSHOPS - DALMAHOY DRIVE, DUNDEE - ERECTION OF 29M MONOPOLE TOWER ACCOMMODATING 3 TELECOMMUNICATIONS ANTENNA AND ASSOCIATED EQUIPMENT FOR ORANGE PCS

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 abovementioned application. After the deputations had stated their cases and answered questions from members, they were thanked for their attendance and withdrew.

Thereafter, Bailie Borthwick, seconded by Councillor Duncan, moved refusal of the application on the grounds that the proposed development would have a detrimental effect on the visual amenity of the surrounding area.

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, Mackie and Borthwick, and Councillors Regan, Hind, Dick, Duncan, Beattie, FitzPatrick, Roberts, Fordyce and Webster (14); and for the amendment - the Convener and Councillors Shimi, Keenan, Morrow, Don, Barrie and Scott (7) - whereupon the motion was declared carried.

Arising from items (a) and (b) above, it was remitted to the Director of Planning and Transportation to contact the Health Protection Agency who had now subsumed the National Radiological Protection Board with a view to establishing the current position with regard to health concerns in connection with telecommunication apparatus.

(c) 05-00900-FUL - TELEPHONE EXCHANGE, QUEEN STREET, BROUGHTY FERRY - INSTALLATION OF 1 2G ANTENNA WITHIN ENLARGED GRP FLUE, 2 FASCIA MOUNTED ANTENNAS, 2 EQUIPMENT CABINS TO REAR, REMOVAL OF SUPPORT TO EXISTING GPS ANTENNA, REDUCTION IN GIRTH OF EXISTING AIRWAVE ANTENNA SUPPORTS AND ASSOCIATED ANCILLARY DEVELOPMENT FOR NATIONAL GRID WIRELESS

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

(d) 05-00770-FUL - FORMER HOMEBASE STORE, RIVERSIDE DRIVE, DUNDEE - ERECTION OF 202 APARTMENTS AND PROVISION OF 239 CAR PARKING SPACES FOR MR DAVID HAGAN

Councillor Don declared a non-financial interest in this item by virtue of his spouse's prior objection to this application.

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 abovementioned 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, Councillor Dick, seconded by Councillor FitzPatrick, moved refusal of the application on the grounds that:-

(i) the proposed development fails to achieve the design quality required for this prominent river frontage site by virtue of inappropriate scale, massing, height, appearance and materials which is contrary to the terms of Policy 4 (Design of New Housing) and Policy 55 (Urban Design) of the Dundee Local Plan Review 2005. There are no material considerations of sufficient strength that would justify the granting of planning permission contrary to these policies;

(ii) the proposed development would result in a detrimental impact on road traffic and pedestrian safety by virtue of the failure to provide the required amount of off street car parking spaces within the site which is contrary to Policy 4 (Design of New Housing) of the Dundee Local Plan Review 2005. There are no material considerations of sufficient strength that would justify the granting of planning permission contrary to this Policy;

(iii) the proposed development would generate a significant increase in traffic flows onto a local road network the volume of which would be detrimental to road traffic and pedestrian safety; and

(iv) the proposed development fails to adequately demonstrate that sufficient and appropriate private amenity space/garden ground is to be provided within the site for the future occupants of the flatted units which is contrary to the requirements of Policy 4 (Design of New Housing) of the Dundee Local Plan Review 2005. There are no material considerations of sufficient strength that would justify the granting of planning permission contrary to this Policy.

As an amendment, the Convener, seconded by Councillor Shimi, 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 and Borthwick, and Councillors Dick, FitzPatrick, Roberts, Barrie, Fordyce and Webster (8); and for the amendment - the Convener, Lord Provost Letford, Bailies Farquhar, Mackie, and Councillors Shimi, Keenan, Regan, Hind, Morrow, Duncan, Beattie, and Scott (12), Councillor Don declining to vote - whereupon the amendment was declared carried.

The Committee also authorised the Director of Planning and Transportation to rescind the previous Section 50 Agreement upon completion of the development.

(e) 05-00545-FUL - 78 LONGTOWN ROAD, DUNDEE - ERECTION OF 3850m2 CLASS 6 WAREHOUSE, 4 NEW LOADING DOCKS IN EXISTING WAREHOUSE, 21.9m 2 OFFICE AND 1.6m HIGH BOUNDARY WALL FOR C J LANG AND SON LIMITED

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, Councillor Roberts, seconded by Councillor Fordyce, moved refusal of the application on the grounds that:-

(i) the proposed development would detract from the residential amenities enjoyed by neighbours at Bellisle Drive and Inglefield Street to the west of the site and Linfield Street to the south of the site, which are protected by Policy 1 of the Dundee Local Plan Review 2005, by reason of increased noise and disturbance from vehicles operating within the site, particularly at night time; and

(ii) the proposed development would result in an increase in traffic congestion at Longtown Road due to the increase in traffic using the application site and the close proximity of the site access to junctions at Milton of Craigie Road and Longtown Street.

As an amendment the Convener, seconded by Councillor Hind, moved approval of the application subject to the conditions recommended by Director of Planning and Transportation.

On a division, there voted for the motion - Councillors Roberts, Barrie and Fordyce (3); and for the amendment - the Convener, Lord Provost Letford, Bailies Farquhar, Corrigan, Mackie and Borthwick, and Councillors Shimi, Keenan, Regan, Hind, Morrow, Dick, Don, Duncan, Beattie, FitzPatrick, Webster and Scott (18); whereupon the amendment was declared carried.

(f) 05-00857-FUL - LAND TO THE NORTH OF DURA STREET - ERECTION OF CLASS 1 RETAIL UNIT, CAR PARKING, LANDSCAPING, SERVICING AND ADDITIONAL WORKS AND FACILITIES FOR LIDL UK GMBH

The Committee acceded to requests received for deputations to address the Committee both in support of and relation to objections to the above 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, Councillor Morrow, seconded by Councillor Keenan, moved refusal of the application on the grounds that:-

(i) the proposed development given its massing and location is considered to be contrary to Policy 1 (Vibrant and Sustainable Communities) of the Dundee Local Plan Review 2005 as it would have an adverse affect on the environmental quality enjoyed by local residents. There are no material consideration that would justify a departure to the policies of the development plan in this instance; and

(ii) the proposed development given its massing and location is considered to be contrary to Policy 55 (Urban Design) of the Dundee Local Plan Review 2005 as it would result in a poor quality of layout and design to the detriment of the visual appearance and character of the surrounding area. There are no material consideration that would justify a departure to the policies of the development plan in this instance.

As an amendment, the Convener, seconded by Councillor Hind, moved approval of the application subject to the conditions recommended by Director of Planning and Transportation.

On a division, there voted for the motion - Lord Provost Letford, Bailies Corrigan and Mackie and Councillors Keenan, Regan, Morrow, Dick and Roberts (8); and for the amendment - the Convener, Bailies Farquhar and Borthwick, and Councillors Shimi, Hind, Don, Duncan, Beattie, FitzPatrick, Barrie, Fordyce, Webster and Scott (13); whereupon the amendment was declared carried.

(g) 04-00070-FUL - (LAND TO NORTH AND SOUTH OF LAWERS DRIVE, BROUGHTY FERRY - ERECTION OF 82 DWELLINGHOUSES WITH INTERNAL/EXTERNAL GARAGES - FOR GEORGE WIMPEY EAST SCOTLAND LIMITED

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

(h) 05-00863-FUL - LAND WEST OF KINGS CROSS ROAD AND NORTH OF DUNSINANE AVENUE - FORMATION OF TEMPORARY PORTACABIN FOR SPECIALIST CARS LIMITED

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

(i) 05-00808-FUL - BLOCK 1A DUNSINANE AVENUE - NEW CAR SHOWROOM, WORKSHOP, VALET FACILITY, EXTERNAL DISPLAY AREA, STAFF/CUSTOMER PARKING AND LANDSCAPING FOR SPECIALIST CARS LIMITED

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

(j) 05-00541-FUL - LAND SOUTH OF SOUTH VICTORIA DOCK ROAD, DOCKS, DUNDEE - ERECTION OF 144 APARTMENTS AND COMMERCIAL UNIT INCLUDING LANDSCAPING AND CAR PARKING FOR MORRISON CITY QUAY DUNDEE LIMITED

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

(k) 05-00760-REM - LAND SOUTH OF SOUTH VICTORIA DOCK ROAD, DOCKS, DUNDEE - ERECTION OF 80 RESIDENTIAL APARTMENTS AND 16 TOWNHOUSES FOR FM HOMES LTD

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

(l) LAND SOUTH OF REID'S LAND AND EAST OF GRAY STREET, DUNDEE - ERECTION OF 18 DWELLINGS AND FORMATION OF ROAD FOR DEANS COURT LIMITED

The Committee acceded to a request for a deputation 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, the Committee agreed to defer consideration of this item.

(m) 05-00483-FUL - 98-102 LOGIE STREET, DUNDEE - DEMOLITION OF TENEMENT AND ERECTION OF 8 HOUSES AND 6 FLATS WITH GARAGES AND ACCESS ROAD FOR PETER INGLIS

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

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

(n) 05-00769-FUL - 11 ELIE AVENUE, BROUGHTY FERRY - SINGLE STOREY EXTENSION ON EAST ELEVATION FOR MS H QUINN

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 abovementioned 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, Councillor FitzPatrick, seconded by Councillor Hind, moved deferral of the application.

As an amendment, the Convener, seconded by the Lord Provost, moved that consideration of the application be not deferred.

On a division, there voted for the motion - Bailies Corrigan and Borthwick, and Councillors Hind, Don, Duncan, Beattie, FitzPatrick, Roberts and Barrie (9); and for the amendment - the Convener, Lord Provost Letford, Bailie Mackie and Councillors Shimi, Keenan, Regan, Dick, Fordyce, Webster and Scott (10); Bailie Farquhar and Councillor Morrow being about when the vote was taken - whereupon the amendment was declared carried.

Thereafter, Bailie Corrigan, seconded by Bailie Borthwick, moved approval of the application subject to conditions to be determined by the Director of Planning and Transportation.

As an amendment, the Convener moved refusal of the application on the grounds that:-

(i) the proposed development is contrary to Policy 14 of the Dundee Local Plan Review 2005 due to the adverse appearance of the extension on the building and the surrounding area, the scale of the proposed extension which would lead to over development of the site, the adverse impact on residents to the east due to overshadowing and loss of light and loss of parking. There are no material considerations that would justify a departure to the provisions of the development plans in this instance.

On a division, there voted for the motion - Bailies Corrigan and Borthwick (2); and for the amendment - the Convener, Lord Provost Letford, Bailie Mackie, and Councillors Shimi, Keenan, Regan, Hind, Dick, Don, Duncan, Beattie, FitPatrick, Roberts, Barrie, Fordyce, Webster and Scott (17); Councillor Morrow being absent when the vote was taken and Bailie Farquhar declining to vote - whereupon the amendment was declared carried.

(o) 05-00675-LBC - 35 MURRAYGATE, DUNDEE - FACADE ALTERATIONS INCLUDING ENLARGING WINDOW OPENING TO FORM SHOP FRONTS, LOWERING OF EXISTING FLOOR LEVEL AND REMOVAL OF EXTERNAL RAILINGS FOR MALCOLM CAMPBELL LLD

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

(i) the proposed development would significantly alter and detract from the character and appearance of the building, with the removal of large areas of stone, sections of railings and the insertion of shop fronts unrelated to the upper floors of the building, contrary to the statutory duty set out in Section 14 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and Policy 60 of the Dundee Local Plan Review 2005.

(p) 05-00739-FUL - CENTRAL BAPTIST CHURCH, 4-6 WARD ROAD, DUNDEE - DEMOLITION OF C LISTED BUILDING AND ERECTION OF COMMUNITY/CHURCH HALL WITH ALTERATIONS TO EXISTING B LISTED CHURCH - FOR CENTRAL BAPTIST CHURCH

The Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation, and subject to the additional conditions that:-

(i) all amplified music and vocals shall be so controlled as to be inaudible within the nearest residential accommodation in order to protect the amenities of the occupants/owners of nearby adjacent properties in the locality; and

(ii) total noise from all mechanical and electrical services shall not exceed NR45 during the daytime and NR35 during the night time as measured 1 metre external to the facade of the nearest residential accommodation. For the avoidance of doubt, daytime shall be 0700 to 2300 hours in order to protect the amenities of the occupants/owners of nearby adjacent properties in the locality.

(q) 05-00740-LBC - CENTRAL BAPTIST CHURCH, 4-6 WARD ROAD, DUNDEE - DEMOLITION OF EXISTING C LISTED AUCTION HOUSE - FOR CENTRAL BAPTIST CHURCH

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

(r) 05-00795-COU - G/O, 7 UNION TERRACE, DUNDEE - CHANGE OF USE FROM 5 PERSON TO 7 PERSON HMO FOR MR JAMES GRANT

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

(i) the proposal is contrary to Policy 1 (Sustainable and Vibrant Communities) of the Dundee Local Plan Review 2005 by reason of its detrimental impact on the environmental quality enjoyed by local residents by virtue of the cumulative impact of; the layout of the proposal in terms of the location of refuse storage and the layout of the car parking, and insufficient garden ground for the number of residents. There are no material considerations that would justify the grant of planning permission contrary to this Policy.

(ii) the proposal is contrary to the provisions of Policy 11 (Houses in Multiple Occupation) of the Dundee Local Plan Review 2005 by reason of the cumulative impact of; the detrimental impact on traffic and pedestrian safety by virtue of the lack of sufficient parking, the location of the refuse storage area at the front of the property, and the inadequate provision of garden ground. There are no material considerations that would justify the grant of planning permission contrary to this Policy.

(s) 05-00797-FUL - 14 MOSSGIEL PLACE, DUNDEE - ERECTION OF FLAT ROOFED DOUBLE GARAGE - FOR MR G MACALISTER

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

(t) 05-00851-COU - 59 TO 61 CONSTITUTION ROAD - CHANGE OF USE OF UPPER FLOOR OF VETERINARY PRACTICE TO ONE FLAT - FOR SCOTT CAMPBELL

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

(u) 6 CASTLE STREET - REMOVAL OF INTERNAL STAIRCASE AND INTERNAL ALTERATIONS - FOR J A BRAITHWAITE

This item was withdrawn.

(v) 05-00845-FUL - 5 SHAMROCK STREET - SINGLE STOREY EXTENSION TO NORTH ELEVATION AND VELUX WINDOW TO SOUTH ELEVATION - FOR MRS NASEEM AKHTER

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

(w) 05-00885-FUL - 67 CHIRNSIDE PLACE - ERECTION OF DOUBLE GARAGE AND BOUNDARY WALL - FOR MR AND MRS DANCER

Councillor Scott declared a non-financial interest in this item by virtue of knowing the applicant.

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

(x) 05-00898-OUT - 13 ASH STREET - OUTLINE CONSENT FOR MOT STATION, WORKSHOP AND USED CAR SALES - FOR MR ALISTAIR BROWN

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

(y) 05-00894-FUL - 4 HELMSDALE CRESCENT - DORMER EXTENSION ON WEST ELEVATION AND FORMATION OF A BALCONY ON WEST ELEVATION - FOR MR AND MRS PATERSON

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

(z) 05-00948-FUL - 40 AMBLESIDE TERRACE - SINGLE STOREY EXTENSION TO EAST ELEVATION OF DWELLING - FOR MR AND MRS DARLING

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 AN462-2005 advising the Committee of the outcome of the undernoted planning applications.

(a) 14A DALHOUSIE ROAD, BROUGHTY FERRY - REPLACEMENT OF SALES BUILDING; ADDITIONAL CAR PARKING AND REVISED ARRANGEMENTS FOR PETROL SALES

Reference was made to Article I(y) of the minute of meeting of this Committee of 6th December, 2004 wherein the above proposal was refused planning permission because the Council considered that the proposals contravened retailing policies S20 and S23 of the (then) adopted Dundee Local Plan 1998; and Policy 44 of the (then) finalised Dundee Local Plan Review.

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 conditions relating to hours of operation, delivery times, noise attenuation from plant; contamination; landscaping; material samples and ranges of goods to be sold.

(b) LAND TO THE WEST OF LOONS ROAD AND NORTH OF HIGH STREET, LOCHEE - INSTALLATION OF 13.5m SLIMLINE MONOPOLE MAST, ANTENNAE AND METER CABINET

Reference was made to Article I(a) 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 was contrary to Policy 31 of (the then) adopted Dundee Local Plan 1998 as the proposal was likely to detract from the visual amenity of the area and because the applicant had failed to demonstrate that all existing alternative sites cannot be the subject of mast sharing. Also the Council considered that the proposals were contrary to similar provisions of (the then) draft Finalised Local Plan Review 2005 for similar reasons.

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.

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

There was submitted Report No 697-2005 by the Director of Planning and Transportation advising members of the action taken in dealing with dangerous buildings during the months of September and October 2006.

The Committee noted the contents of the report.

ROD WALLACE, Convener.