Planning Committee (including Former Development Management And Development Quality) - 23/01/2006

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 23rd January, 2006.

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	Andrew DAWSON
Kevin KEENAN	Helen DICK	Christina ROBERTS
Julia M STURROCK	Nigel DON	Jim BARRIE
Fiona M GRANT	Bob DUNCAN	Roderick A J WALLACE
Christopher HIND	Richard BEATTIE	Charles A WEBSTER
Joe MORROW		Derek J SCOTT

Councillor Rod WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 5th December, 2005 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 05-01010-FUL - 36 ALBERT ROAD, BROUGHTY FERRY - ERECTION OF FLAGPOLE TELECOMMUNICATIONS MAST WITH THREE ANTENNAE - FOR VODAFONE

After considering objections received, Councillor Webster, seconded by Councillor Scott, moved refusal of the application on the grounds that -

(i) the justification for siting the proposed free standing mast at this residential location has not been established and in particular the possibility of sharing facilities on an existing site has not been fully explored. The proposed mast is therefore contrary to the presumption in favour of mast sharing set out in Policy 78 of the adopted Dundee Local Plan Review 2005 and the presumption against siting free standing masts in residential areas and in conservation areas set out in Policies 2 and 11 of the Council's "Non Statutory Policies in relation to Telecommunications and Other Apparatus". The site chosen for this development is unacceptably close to sensitive facilities including Grove Academy Secondary School to the east and Westbay Nursing Home to the west; and

(ii) the proposed mast, due to its height and location, will not appear convincing as a flag pole and will therefore detract from the visual amenity of the Grove Conservation Area contrary to Policy 61 of the adopted Dundee Local Plan Review 2005.

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

On a division, there voted for the motion - Lord Provost Letford, Bailies Farquhar, Powrie, Mackie and Borthwick and Councillors Sturrock, Macpherson, Dick, Beattie, Roberts, Webster and Scott (12); and for the amendment, the Convener, Bailie Wright and Councillors Shimi, Keenan, Grant, Hind, Morrow, Don, Duncan, Andrew Dawson and Barrie (11) - whereupon the motion was declared carried.

(b) 05-00973-FUL - GROVE ACADEMY, 18 CAMPERDOWN STREET, BROUGHTY FERRY - PROPOSED NEW SECONDARY SCHOOL AND ASSOCIATED FACILITIES - FOR ROBERTSON CONSTRUCTION

The Convener and Councillors Shimi, Grant and Keenan declared a non-financial interest in this item by virtue of their membership of the PPP Project Board.

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

(c) 05-00983-REM KINGSPARK SCHOOL, GILLBURN ROAD - ERECTION OF NEW 1000 PUPIL SECONDARY SCHOOL WITH ASSOCIATED COMMUNITY USE FACILITIES, CAR PARKING EXTERNAL PLAYING FIELDS & GENERAL HARD AND SOFT LANDSCAPING - FOR ROBERTSON CONSTRUCTION

The Convener and Councillors Shimi, Grant and Keenan declared a non-financial interest in this item by virtue of their membership of the PPP Project Board.

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

(d) 05-00969-FUL - LAND WEST OF BALLOCH PLACE - ERECTION OF NEW PRIMARY SCHOOL AND ASSOCIATED FACILITIES - FOR ROBERTSON CONSTRUCTION

The Convener and Councillors Shimi, Grant and Keenan declared a non-financial interest in this item by virtue of their membership of the PPP Project Board.

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 it was thanked for its attendance and withdrew.

Thereafter, having considered objections received, Councillor Hind, seconded by Councillor Morrow moved approval of the application subject to the conditions recommended by the Department of Planning and Transportation, with the exception of Condition No 9, relating to the shared community use of the grass pitch.

As an amendment, the Convener, seconded by Councillor Grant moved approval of the application subject to all 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 Borthwick and Councillors Sturrock, Hind, Morrow, Macpherson, Dick, Don, Duncan, Beattie, Andrew Dawson, Roberts and Barrie (16); and for the amendment - the Convener, Bailie Mackie and Councillors Shimi, Keenan, Grant, Webster and Scott (7) - whereupon the motion was declared carried.

(e) 05-00970-FUL - LAND NORTH OF FINDCASTLE TERRACE - ERECTION FOR PRIMARY SCHOOL AND ASSOCIATED FACILITIES - FOR ROBERTSON CONSTRUCTION

The Convener and Councillors Shimi, Grant and Keenan declared a non-financial interest in this item by virtue of their membership of the PPP Project Board.

After considering objections received, Councillor Dawson, seconded by Councillor Hind moved approval of the application subject to the conditions recommended by the Department of Planning and Transportation, with the exception of Condition No 9, relating to the shared community use of the grass pitch.

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

(f) 05-00971-FUL - LAND SOUTH OF HALDANE CRESCENT - ERECTION OF PRIMARY SCHOOL AND ASSOCIATED FACILITIES - FOR ROBERTSON CONSTRUCTION

The Convener and Councillors Shimi, Grant and Keenan declared a non-financial interest in this item by virtue of their membership of the PPP Project Board.

After considering objections received, Councillor Dick, seconded by Councillor Macpherson moved approval of the application subject to the conditions recommended by the Department of Planning and Transportation, with the exception of Condition No 9, relating to the shared community use of the grass pitch.

As an amendment, the Convener, seconded by Councillor Grant moved approval of the application subject to all 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 Borthwick and Councillors Sturrock, Hind, Morrow, Macpherson, Dick, Don, Duncan, Beattie, Andrew Dawson, Roberts and Barrie (16); and for the amendment - the Convener, Bailie Mackie and Councillors, Keenan, Grant, Webster and Scott (6); Councillor Shimi being absent when the vote was taken - whereupon the motion was declared carried.

(g) 05-00972-FUL - LAND TO NORTH OF GLENCONNER DRIVE, BIRKS TERRACE - ERECTION OF PRIMARY SCHOOL AND ASSOCIATED FACILITIES - FOR ROBERTSON CONSTRUCTION

The Convener and Councillors Shimi, Grant and Keenan declared a non-financial interest in this item by virtue of their membership of the PPP Project Board.

After considering objections received, Councillor Roberts, seconded by Councillor Hind moved approval of the application subject to the conditions recommended by the Department of Planning and Transportation, with the exception of Condition No 9, relating to the shared community use of the grass pitch.

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

(h) 05-00974-FUL - LAND SOUTH OF LAIRD STREET - ERECTION OF NEW PRIMARY SCHOOL AND ASSOCIATED FACILITIES - FOR ROBERTSON CONSTRUCTION

The Convener and Councillors Shimi, Grant and Keenan declared a non-financial interest in this item by virtue of their membership of the PPP Project Board.

After considering objections received, Councillor Borthwick, seconded by Councillor Hind moved approval of the application subject to the conditions recommended by the Department of Planning and Transportation, with the exception of Condition No 9, relating to the shared community use of the grass pitch.

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

(i) 05-00975-FUL - LAND NORTH OF LEONARD PLACE - ERECTION OF NEW PRIMARY SCHOOL AND ASSOCIATED FACILITIES - FOR ROBERTSON CONSTRUCTION

The Convener and Councillors Shimi, Grant and Keenan declared a non-financial interest in this item by virtue of their membership of the PPP Project Board.

After considering objections received, Councillor Beattie, seconded by Lord Provost Letford moved approval of the application subject to the conditions recommended by the Department of Planning and Transportation, with the exception of Condition No 9, relating to the shared community use of the grass pitch.

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

(j) 05-00220-FUL - FORMER LAWSIDE WORKS, PATERSON STREET - REDEVELOPMENT TO CREATE 47 DWELLINGS COMPRISING HOUSES, TOWNHOUSES AND FLATS, REFURBISHED OFFICES, ACCESS ROAD, PARKING AND LANDSCAPING

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 (12) that prior to the commencement of construction of the dwellings hereby approved, a scheme to deal with the collection, separation and recycling of waste shall be submitted to the City Council for approval. The development shall not be occupied until the scheme has been agreed in writing and the facilities provided.

(k) 05-00777-FUL - 14-22 TRADES LANE - ERECTION OF 32 FLATS - FOR ARNOLD CLARK AUTOMOBILES

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

(l) 05-00927-FUL - ARDLER SITE 6, BIRKDALE PLACE - ERECTION OF 99 ONE, TWO AND THREE STOREY DWELLINGHOUSES ON SITES 6A 6B ARDLER - FOR SANCTUARY SCOTLAND HOUSING

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

(m) 05-00935-FUL - LAND SOUTH OF PARKHEAD PLACE AND NORTH OF MIDMILL ROAD - PROPOSED ERECTION OF 10 TWO STOREY RESIDENTIAL UNITS - FOR ANGUS HOUSING ASSOCIATION

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 (4) that development shall not begin until a scheme to deal with contamination on the site has been submitted and approved in writing by the planning authority. The scheme shall contain details of proposals to deal with contamination to include the nature, extent and type(s) of contamination on the site; measures to treat/remove contamination to ensure the site is fit for the use proposed; measures to deal with contamination during construction work and condition of the site on completion of decontamination measures; before any buildings are occupied the measures to decontaminate the site shall be fully implemented as approved by the planning authority in order to ensure that the land is fit for its intended purpose.

(n) 05-01002-FUL - PLOTS 13, 19, 25 AND 31 GOURDIE STREET - ERECTION OF 12 TOWN HOUSES FOR CASEPATH

After considering objections received, the Committee approved the application subject to the conditions that (1) 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; (2) samples of the finishing materials proposed to be used shall be submitted to the council for approval and if approved the development shall be carried out only in accordance with such approved samples to ensure that the proposed development has a satisfactory external appearance in the interests of the visual amenities of the area; (3) full details of the proposed boundary treatments shall be submitted for approval prior to the commencement of the development and if approved, the boundaries shall be completed in accordance with the approved details prior to the first occupation of the dwellings hereby approved to ensure a satisfactory standard of appearance of the development; and (4) the garage doors shall be fitted with a "roller shutter" type door at all times, in order to retain a driveway of sufficient length to enable a car to park on it without encroaching onto the public road, in the interests of road safety.

(o) 05-00909-FUL - LAND SOUTH OF LOGIE GARDENS, EAST OF GLENAGNES ROAD - ERECTION OF 12 TOWNHOUSES FOR GLENAGNES DEVELOPMENTS LIMITED

Lord Provost Letford declared a non-financial interest in this application by virtue of his son leasing property from the applicant.

Councillor Shimi declared a non-financial interest in this application by virtue of being related to a resident in that area.

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

(p) 05-00890-FUL - 9-13 DURA STREET AND 53 ERSKINE STREET - DEMOLITION OF EXISTING BUILDINGS AND ERECTION OF 11 FLATS FOR HOME IN SCOTLAND

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

(q) 05-00997-FUL - 90 WEST MARKETGAIT - ERECTION OF HOTEL WITH OFFICE ACCOMMODATION - FOR CAMLIN INVESTMENTS LIMITED

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

(r) 05-00780-FUL - FORMER HARRIS ACADEMY ANNEX, BLACKNESS ROAD - PROPOSED AL-MAKTOUM CULTURAL CENTRE - FOR THE AL-MAKTOUM FOUNDATION

Councillors Shimi and Wright declared a non-financial interest in this application by virtue of being members of the Board of the Al Maktoun Institute.

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

(s) 05-00763-COU - 89-91 NETHERGATE - CHANGE OF USE FROM SHOP TO CAFE WITH ELAVATIONAL ALTERATIONS FOR UPGRADING OF REAR COURTYARD - FOR BEANSCENE

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

(t) 05-00941-FUL - LAND TO WEST OF DUDHOPE GARDEN STEPS, DUDHOPE TERRACE - AMENDMENT TO LAYOUT - ERECTION OF 6 SEMI-DETACHED HOUSES IN PLACE OF 4 DETACHED HOUSES - FOR WEST RESIDENTIAL

After considering objections received, Councillor Sturrock, seconded by Councillor Macpherson, moved refusal of the application on the grounds that the proposed development would have an adverse impact on the residential 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 Wright, Powrie and Borthwick, and Councillors Sturrock, Hind, Morrow, Macpherson, Dick, Duncan, Beattie, Andrew Dawson, Roberts and Barrie (14); and for the amendment - the Convener, Bailie Mackie and Councillors Shimi, Keenan, Grant, Don, Webster and Scott (8) - Bailie Farquhar being absent when the vote was taken, - whereupon the motion was declared carried.

(u) 05-00980-OUT - 23 ERSKINE STREET - OUTLINE CONSENT FOR 2 THREE STOREY TOWNHOUSES WITH INTEGRAL GARAGE AND PARKING - FOR MR AND MRS W McGREGOR

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

(v) 6 GLAMIS TERRACE - ERECTION OF TWO STOREY CONSERVATORY EXTENSION ON SOUTH (REAR) ELEVATION - FOR P CHITA

This item was withdrawn

(w) 05-00860-COU - FLAT A, 3 VICTORIA ROAD - CHANGE OF USE FROM BEAUTY SALON TO FLAT AT GROUND FLOOR LEVEL - FOR FIRST LONDON AND SCOTTISH

Councillor Macpherson, seconded by Councillor Sturrock, moved refusal of the application on the grounds that the purposed development would introduce a new ground floor residential receptor into an area identified in the Council's "Detailed Assessment of Air Quality" March 2005 as exceeding the National Air Quality Standard for nitrogen dioxide. The proposed development would therefore provide an inadequate standard of residential amenity for the occupiers of the flat.

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.

As a further amendment, Councillor Grant, seconded by Councillor Hind, moved refusal of the application on the grounds that the proposal is contrary to Policy 4 - Design of new Housing of the Dundee Local Plan Review 2005 as the resulting flat is not considered to be a good quality housing development by reason of only having a single bedroom, the lack of ground floor privacy and its poor visual outlook.

On a division between the first and second amendment - there voted for the first amendment - the Convener and Councillor Scott (2); and for the second amendment - Lord Provost Letford, Bailies Farquhar, Powrie and Mackie and Councillors Shimi, Keenan, Grant, Hind, Don, Duncan, Beattie, Andrew Dawson, Barrie and Webster (14); Bailies Wright and Borthwick and Councillors Sturrock, Morrow, Macpherson, Dick and Roberts declining to vote - whereupon the second amendment was declared carried and became the amendment.

Thereafter on a division between the motion and the amendment - there voted for the motion - Bailies Wright and Borthwick and Councillors Sturrock, Morrow, Macpherson, Dick and Roberts (7); and for the amendment - Lord Provost Letford, Bailies Farquhar, Powrie and Mackie and Councillors Shimi, Keenan, Grant, Hind, Don, Duncan, Beattie, Andrew Dawson and Barrie (13); the Convener and Councillors Webster and Scott declining to vote - whereupon the amendment was declared carried.

(x) 05-00897-COU - SEMI BASEMENT, INDIA BUILDINGS, 86 BELL STREET - CHANGE OF USE FROM OFFICES TO FLATS - FOR DOUGLAS STREET INVESTMENTS

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

(i) the development which has been carried out is contrary to Policy 13 - Roofspace and Basement Development of the Dundee Local Plan Review 2005 as there has been no previous use of the basement for living accommodation and there is not a comprehensive conversion of the building. There is no material considerations of sufficient strength to justify the granting of planning permission contrary to policy; and

(ii) the development which has been carried out is contrary to Policy 4 - Design of New Housing of the Dundee Local Plan Review 2005 as the resulting flat is not considered to be a good quality housing development by reason of the lack of natural daylight, the poor visual outlook and the location in the semi-basement of a commercial property. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy.

(y) 05-00999-FUL - 19 DUNEARN STREET, BROUGHTY FERRY - INSTALLATION OF DORMER WINDOWS ON NORTH AND SOUTH ELEVATIONS - FOR MS J WILSON

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

(i) the proposal is contrary to Policy 14 of the adopted Dundee Local Plan Review 2005 in terms of having an adverse impact on the appearance of the main elevation of the dwelling, loss of privacy to occupants of neighbouring properties and having a design that fails to respect the character of the existing house and there is no reason to justify the setting aside of the terms of the development plan in this instance.

(z) 05-00619-FUL - BELSIZE HOUSE, BELSIZE ROAD - CHANGE OF USE FROM ATTIC OFFICES TO NURSES SLEEPING ACCOMMODATION WITH ELEVATIONAL ALTERATIONS - FOR DEANSIDE LTD.

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

(aa) 69 DUNDEE ROAD - ERECTION OF DETACHED DWELLINGHOUSE - FOR ARKTX CHARTERED ARCHITECTS

This item was withdrawn.

II PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN22-2006 advising of the undernoted planning appeal decisions.

(a) LAND NORTH OF CAMPFIELD SQUARE, NURSERY ROAD, DUNDEE - INSTALLATION OF 12.5m STREETWORKS STYLE TELECOMMUNICATIONS MAST AND EQUIPMENT CABINETS.

Reference was made to Article 1(b) of the minute of meeting of this Committee of 23rd May 2005, wherein the above proposal was refused planning permission because the Council considered that -

(a) the proposal contravened Policies H1 and BE31 of the Dundee Local Plan 1998 and Policies 1 and 78 of the Dundee Local Plan Review 2005 (adverse visual impact on a predominantly residential area); and

(b) the applicants had failed to demonstrate that there was not a better alternative location more distant from housing and thereby have a lesser impact on residential amenity.

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 subject to conditions relating to removal of the equipment when obsolete or redundant.

(b) 47 ALBERT ROAD, BROUGHTY FERRY, DUNDEE - ERECTION OF DWELLINGHOUSE

Reference was made to Article 1(c) of the minute of meeting of this Committee of 25th April 2005, wherein the above proposal was refused planning permission because it considered that the proposals ran contrary to Polices BE4 (B), BE4 (1) and ENV12 of the Dundee Local Plan 1998; and Policies 4, 15 and 72 of the Finalised Dundee Local Plan Review 2005 (relating to issues of siting, design, access and tree management).

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 dismissed.

Reference was made to Article 1(4) of the minute of the Development Quality Committee of 6th December 2004 wherein the above proposal was refused planning permission because the Council considered that the proposals did not comply with Policies H10, BE11 of the Dundee Local Plan 1998 and Policies 4, 55 and 61 of the Dundee Local Plan Review 2005 (design of new housing and developments in conservation areas).

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 relating to the submission of materials samples and the resolution of site access issues (the achievement of satisfactory sight lines).

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

There was submitted Report No 35-2006 by the Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during the month of November 2005.

The Committee noted the contents of the report.

ROD WALLACE, Convener.

Was This Useful?

Planning Committee (including Former Development Management And Development Quality) - 23/01/2006

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 23rd January, 2006.

I PLANNING APPLICATIONS

II PLANNING APPEAL DECISIONS

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

Dundee City Council