Planning Committee (including Former Development Management And Development Quality) - 27/02/2006

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 27th February 2006.

Present:-

BAILIES

COUNCILLORS

Councillor Rod WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 23rd January, 2006 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 05-00815-FUL - LAND TO EAST OF WEST MARKETGAIT, OVERGATE LANE - EXTENSION TO OVERGATE CENTRE (2 STOREY RETAIL, 4 STOREY CAR PARKING) - FOR OVERGATE GP 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 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 approved the application subject to the conditions recommended by the Director of Planning and Transportation.

(b) 05-00816-LBC - LAND TO EAST OF WEST MARKETGAIT, OVERGATE LANE - DEMOLITION OF CATEGORY B LISTED BUILDING - FOR OVERGATE GP LTD

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

(c) 05-00817-FUL - LAND TO EAST OF WEST MARKETGAIT, OVERGATE LANE - ERECTION OF A 3 STOREY EXTENSION TO EXISTING BANK STREET CAR PARK (UNITS U18 AND L18) - FOR OVERGATE GP LTD

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

(d) 05-00818-COU - LAND TO EAST OF WEST MARKETGAIT, OVERGATE LANE - CHANGE OF USE OF EXISTING RETAIL AND STORAGE SPACE AT LEVEL 2 TO A FOOD COURT WITH ELEVATIONAL ALTERATIONS - FOR OVERGATE GP LTD

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

(e) 05-00915-FUL - THE STACK LEISURE PARK, HAREFIELD ROAD - RECONFIGURATION AND PART-REDEVELOPMENT OF EXISTING LEISURE PARK, TO FORM EXTENSION TO LOCHEE TOWN CENTRE, INCLUDING NEW UNITS FOR NON-FOOD RETAIL AND RESTAURANT USE AND ASSOCIATED SERVICING, CAR PARKING AND LANDSCAPE WORKS - FOR LANDTEAM NORTHERN (DUNDEE) LTD

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

(f) 05-01012-REM - LAND NORTH OF A92, EAST OF LINLATHEN LANE, WEST OF BALMOSSIE BRIDGE, ARBROATH ROAD - RESERVED MATTERS FOR 146 HOUSES (PLOTS 1-85 AND 90-105) - FOR MILLER HOMES LTD

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

(g) 05-00782-OUT - LAND TO NORTH AND SOUTH OF DONALDS LANE - OUTLINE CONSENT FOR ERECTION OF 71 DWELLINGS, 6 FLATS AND ASSOCIATED GARAGES AND GARDEN GROUND - FOR VARIOUS APPLICANTS

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

(h) 05-00945-FUL - FORMER EAST PORT WORKS, COWGATE - CONVERSION OF VACANT PROPERTY TO 9 FLATS - FOR DUNDEE (BLINSHALL STREET) PROPERTY CO LTD

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

(i) 05-00947-LBC - FORMER EAST PORT WORKS, COWGATE - CONVERSION OF VACANT PROPERTY TO 9 FLATS - FOR DUNDEE (BLINSHALL STREET) PROPERTY CO LTD

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

(j) 05-01011-FUL - LAND NORTH OF A92, EAST OF LINLATHEN LANE, WEST OF BALMOSSIE BRIDGE, ARBROATH ROAD - ERECTION OF FOUR HOUSES - FOR MILLER HOMES

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

(k) 05-01075-FUL - THE LODGE, 359 PERTH ROAD - ERECTION OF CONSERVATORY AND REAR EXTENSION TO HOUSE - FOR JAMES McDONALD

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 Committee stated its case and answered questions from members of the Committee it was thanked for its attendance and withdrew.

Thereafter, the Committee on the motion of Councillor Grant, seconded by Councillor Morrow, approved the application subject to the conditions that:-

(1) the existing shrubs to the south and south west of the proposed conservatory shall be retained, in order to safeguard the visual amenity of the area, and

(2) the development hereby permitted shall be commenced within five years from the date of this permission, in order to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997

(l) 06-00030-FUL - LAND TO NORTH OF HEBRIDES DRIVE - ERECTION OF TEN DWELLINGHOUSES - FOR MR RICHARD SNEDDON

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

(m) 05-00926-COU - 2A SHAFTESBURY ROAD - CHANGE OF USE FROM HOUSE TO HOUSE IN MULTIPLE OCCUPANCY - FOR F J ESPOSITO

After considering objections received, the Committee refused the application on the grounds that the proposed development is contrary to Policy 11: Houses in Multiple Occupancy by virtue of the lack of parking which will exacerbate existing parking problems in the area and the excessive concentration of such uses to the detriment of the character of the local area. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy of the development plan.

(n) 05-00949-COU - ESQUIRES, 78 HIGH STREET - CHANGE OF USE FROM COFFEE SHOP TO FORM EXTENSION TO PROPOSED AMUSEMENT CENTRE - FOR THE NOBLE ORGANISATION

After considering objections received, the Committee refused the application on the grounds that the proposed amusement centre would contravene Policy 54 of the adopted Dundee Local Plan Review 2005 and would serve to dilute the vitality of the core area. There are no material considerations to justify the approval of the development contrary to the Plan.

(o) 05-00968-FUL - 34 REFORM STREET - FORMATION OF TIMBER DECKING FOR EXTENSION TO LICENSED PREMISES - FOR BELHAVEN BREWERY COMPANY

After considering objections received, the Committee refused the application on the grounds that it is considered that the use of the proposed decking area with its protective canopies will result in unacceptable noise and smell impact to adjacent offices throughout the year to the detriment of their occupants.

(p) 05-00984-OUT - BLOCK 1A, DUNSINANE AVENUE, DUNSINANE INDUSTRIAL ESTATE - OUTLINE CONSENT FOR DEMOLITION OF EXISTING UNITS AND ERECTION OF CAR SHOWROOM - FOR RAYNOR HOLDINGS LTD

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

(q) 05-01007-COU - UNIT 1, AINSLIE STREET, WEST PITKERRO INDUSTRIAL ESTATE - PROPOSED CHILDREN'S NURSERY - FOR CRAZE "A" LTD

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

(1) the proposed development contravenes Policy 19: Private day Nurseries of the adopted Dundee Local Plan Review 2005 due to the inadequate provision of outdoor play space, the inadequate arrangements for access for both vehicles and pedestrians to the site and the lack of a pleasant surrounding environment due to the close proximity to adjoining industrial units. There are no material considerations that would justify the approval of the application contrary to the Development Plan; and

(2) the proposed development contravenes Policy 24: Principal Economic Development Areas of the adopted Dundee Local Plan Review 2005 because it does not fall within the range of permitted uses nor within the ancillary uses permitted under Policy 27: Ancillary Services within Economic Development Areas and there are no material considerations that would justify the approval of the application contrary to the Development Plan.

(r) 05-01013-FUL - LAND NORTH OF A92, EAST OF LINLATHEN LANE, WEST OF BALMOSSIE BRIDGE, ARBROATH ROAD - FORMATION OF AN EMERGENCY ACCESS - FOR MILLER HOMES LTD

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

(s) 05-01029-FUL - 24 AMBLESIDE TERRACE - ERECTION OF CONSERVATORY ON SOUTH ELEVATION FOR MR AND MRS RATCLIFFE

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

(t) 05-01040-FUL - 51 SEAFIELD ROAD - FORMATION OF NEW VEHICULAR ACCESS IN EXISTING BOUNDARY WALL - FOR MR B KENNEDY

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

(1) the proposed development would result in a substantial breach in the existing boundary wall. Furthermore the set back position of the new gates would further emphasise the breach in the wall. It is therefore considered that the proposed development would be detrimental to the character and appearance of the Conservation Area, contrary to the provisions of Policy 61 of the Dundee Local Plan Review 2005; and

(2) the proposed development would result in a substantial breach in the boundary wall, detrimental to the character and appearance of the Conservation Area. It is therefore considered that the proposal is contrary to the Council's Policy and Guidance for Dundee's Listed Buildings and Conservation Areas on Breaches in Boundary Walls.

(u) 06-00004-FUL - 25 BINGHAM TERRACE - EXTENSION ON EAST ELEVATION AND CONSERVATORY TO UPPER LEVEL SOUTH - FOR MR E J THOMSON

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

II PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN73-2006 advising the Committee of the outcome of the undernoted planning appeals:-

(a) UPPER WEST ST MARGARET'S, 18 CAMPHILL ROAD, BROUGHTY FERRY - EXTENSION TO UPPER AND LOWER FLATS C AND D

Reference was made to Article 1(x) of the minute of meeting of this Committee of 31 January 2005 wherein the above proposal was refused planning permission because the Council considered that the proposals contravened Policies H4, BE4(A) and (G) and BE11 of the (now superseded) Dundee Local Plan and Policies 14, 15(a), and (f) and 61 of the (then) Finalised Dundee Local Plan Review 2005. These policies relate to the alteration and extension to houses, to developments in garden ground and to the quality of developments in conservation areas.

It was reported that the decision was subsequently appealed by the applicant under the provision 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 samples of materials and submission of window details.

(b) LAND ADJACENT TO 167 GRAY STREET, BROUGHTY FERRY, DUNDEE - ERECTION OF DWELLINGHOUSE

Reference was made to Article 1(i) of the minute of meeting of this Committee of 23 May 2005 wherein the above proposal was refused planning permission because the Council considered that the development contravened Policy BE11 of the (then) adopted Dundee Local Plan 1998 and Policy 61 of the Finalised Dundee Local Plan Review 2005 as it would detract from appearance of the Forthill Conservation Area. In addition it was considered that the proposal contravened Policy 15(d) of the Finalised Dundee Local Plan Review 2005 as it failed to reflect the prevailing densities in the area and would erode the visual character of the 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 conditions relating to the submission of materials samples and landscaping details.

(c) FOOTPATH ADJACENT TO ARBROATH ROAD, DUNDEE - ERECTION OF TELECOMMUNICATIONS MAST

Reference was made to Article 1(b) of the minute of meeting of this Committee of 27th June 2005 wherein the above proposal was refused planning permission because the Council considered that the proposal would adversely impact on the visual amenity of this predominantly residential area contrary to policies in the adopted and finalised local plans, non statutory guidance and national policy and advice; and that it would have an adverse impact on listed structures due to its proximity to the boundary wall and gateway of the Eastern Necropolis.

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 installation if it becomes obsolete.

(d) STOBSMUIR SERVICE RESERVOIR, DUNDEE - REPLACEMENT OF A TURF ROOF WITH MEMBRANE AND GRAVEL

Reference was made to Article 1(j) of the minute of meeting of this Committee of 28 February 2005 wherein the above proposal was refused planning permission because the Council considered that the proposal contravened Policies BE11 and BE17 of the (now superseded) adopted Dundee Local Plan 1998 and Policy 61 of the Finalised Dundee Local Plan Review 2005.

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.

(e) LAND AT 74 EAST DOCK STREET, DUNDEE - 96 SHEET ADVERTISEMENT DISPLAY PANEL

Reference was made to the decision of the Council on 27th July 2005, under powers delegated to the Director of Planning and Transportation in consultation with the convener, to refuse Advertisement Consent because the Council considered that the development would appear conspicuous and intrusive and would be detrimental to the visual amenity of the area, contrary to Policies BE6 and BE23 of the (now superseded) Dundee Local Plan and Policies 57 and 63 of the (then) Finalised Local Plan Review.

It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 182 of the Town and Country Planning (Scotland) Act 1997 and Regulation 21 of the Town and Country Planning (Control of Advertisements) (Scotland) Act 1984, and the appeal had been dismissed.

III BUILDING (SCOTLAND) ACT 2003 - SECTIONS 27 AND 30 - DANGEROUS BUILDINGS

There was submitted Report No 107-2006 by the Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during December 2005.

The Committee noted the contents of the report.

Rod WALLACE, Convener