Planning Committee (including Former Development Management And Development Quality) - 27/03/2006

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

Present:-

BAILIES

COUNCILLORS

Councillor Rod WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 27th February, 2006 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) JAMES STREET CAR PARK, JAMES STREET - ERECTION OF THIRTEEN HOUSES AND TWELVE FLATS FOR HILLCREST HOUSING ASSOCIATION

This item was deferred in order to seek further information.

(b) LAND NORTH OF LAW CRESCENT - EAST OF KINPURNIE PLACE - ERECTION OF EIGHTEEN DWELLINGHOUSES FOR WEST RESIDENTIAL

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to 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, having considered objections received, Councillor FitzPatrick, seconded by Bailie Farquhar moved deferral of the application.

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

On a division, there voted for the motion - Bailies Farquhar and Powrie and Councillors Grant, Hind, Don, Duncan, Beattie, Andrew Dawson, Sawers, FitzPatrick, Roberts, Will Dawson and Fordyce (13); and for the amendment - the Convener, Lord Provost Letford, Bailies Corrigan and Mackie and Councillors Keenan, Macpherson, Dick, Webster and Scott (9) - whereupon the motion was declared carried.

(c) LAND NORTH OF NURSING HOME, HARESTANE ROAD - ERECTION OF EIGHT DWELLINGHOUSES FOR KILDONAN DEVELOPMENTS LIMITED

This item was withdrawn.

(d) LAND NORTH OF NORTH GEORGE STREET WEST OF CALDRUM STREET - ERECTION OF SIX FLATS FOR HILLCREST HOUSING ASSOCIATION

This item was deferred.

(e) 06-00025-COU - 3 FAIRFIELD ROAD, BROUGHTY FERRY - CHANGE OF USE FROM GARAGE TO ANCILLARY FAMILY ACCOMMODATION FOR MRS SALLY CAMERON

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

(f) 06-00073-FUL - 23 KINGSWAY PLACE - EXTENSION TO SOUTH ELEVATION OF DWELLING FOR MR AND MRS McINEARNEY

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

(g) 06-00060-FUL - TAYVIEW HOTEL, 214 BROUGHTY FERRY ROAD - UPGRADING OF BEDROOM ACCOMMODATION AND INSERTION OF DORMER WINDOWS FOR MR S HILL

Councillor Sawers declared a non-financial interest in this application by virtue of being a patron of this establishment.

After considering objections received, Bailie Corrigan, seconded by Councillor Duncan moved approval of the application subject to conditions recommended by the Director of Planning and Transportation.

As an amendment, the Convener, seconded by Councillor Scott moved that the application be refused on the grounds that the proposed dormers are of unsatisfactory design and their box like shape and extensive areas of walling contrast sharply with the elegancy of the existing dormers; as such they would detract from the appearance of this visually prominent building and the wider residential area contrary to both Policies 1 and 55 of the adopted Dundee Local Plan Review 2005. There are no material considerations that would justify a departure from the policies of the Development Plan in this instance.

On a division, there voted for the motion, Bailies Corrigan and Powrie, and Councillors Duncan, Andrew Dawson, Roberts and Fordyce (6); and for the amendment, the Convener, Lord Provost Letford, Bailies Farquhar and Mackie and Councillors Keenan, Grant, Hind, Macpherson, Dick, Don, Beattie, FitzPatrick, Will Dawson, Webster and Scott (15); Councillor Sawers declining to vote - whereupon the amendment was declared carried.

(h) 06-00084-FUL - 12 CLIFFBURN GARDENS, BROUGHTY FERRY - DORMER WINDOW EXTENSION TO BEDROOM FOR MR AND MRS V MACDONALD

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, having considered objections received, the Committee approved the application subject to the conditions that 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 and the proposed dormer window shall only be glazed or reglazed in obscure glass. Details of this obscure glass shall be submitted to the Council for approval before any development is commenced and if approved, the development shall be carried out only in full accordance with such approved details to protect the privacy of the occupiers of the house to the south.

(i) 05-01057-LBC - 6 CASTLE STREET - INTERNAL ALTERATIONS TO SHOP AND REMOVAL OF STUD PARTITION TO CREATE NEW ENTRANCE - FOR J A BRAITHWAITE

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, having considered objections received, the Committee refused the application on the grounds that the approval of the proposals would remove an original stair hall and entrance lobby from 6 Castle Street and thereby losing an important architectural and historic feature from this B-listed building. The approval of the proposals would contravene the statutory duty set out in Section 14 of the Planning (Listed Buildings and Conservation Areas)(Scotland)Act 1997 to preserve the listed building, the advice contained in the Memorandum of Guidance on Listed Buildings and Conservation Areas and Policy 60 of the Dundee Local Plan Review 2005. There are no material considerations that would justify approval of the application contrary to the Act and Development Plan.

(j) 06-00076-FUL - UNIT 3, ANNFIELD ROW - RETROSPECTIVE CONSENT FOR FORMATION OF EXTERNAL STEPS FOR JENNY PEDERSON DESIGN

After considering objections received, Councillor Macpherson, seconded by Councillor Dick moved refusal of the application on the grounds that the proposed steps are contrary to Policy 1 - Vibrant and Sustainable Communities as they have a detrimental impact on the environmental quality enjoyed by local residents by reason of increased litter and noise from pedestrians using the steps, as there were no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy.

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, Bailies Corrigan and Powrie and Mackie and Councillors Macpherson, Dick, Don, Duncan, Roberts and Fordyce (9); and for the amendment, the Convener, Lord Provost Letford, Bailie Farquhar and Councillors Keenan, Grant, Hind, Beattie, Andrew Dawson, Sawers, FitzPatrick, Will Dawson, Webster and Scott (13); whereupon the amendment was declared carried.

(k) 06-00081-COU - 20A EXCHANGE STREET - CHANGE OF USE TO FORM CAFE OUTLET FOR CAPSTONE PROJECTS

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

(l) 06-00109-COU - 6 NORTH ISLA STREET - CONTINUANCE OF USE OF PREMISES AS AUCTION SALEROOM FOR STEVEN FRASER DEWAR

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

(m) 1 TO 5 SEAGATE - ALTERATIONS TO FRONTAGE AND CONSTRUCTION OF NEW SMOKING AREA FOR BELHAVEN BREWERY COMPANY

This item was withdrawn.

(n) 1 TO 5 SEAGATE - ALTERATIONS TO FRONTAGE AND CONSTRUCTION OF NEW SMOKING AREA FOR BELHAVEN BREWERY COMPANY

This item was withdrawn.

(o) 05-00062-FUL - 1 TO 3 QUEEN STREET, BROUGHTY FERRY - ELEVATIONAL ALTERATIONS TO FORM SMOKERS' CANOPY FOR MR R BISSEL

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

(i) the proposal is contrary to Policy 61 of the Dundee Local Plan Review 2005 due to the adverse visual impact of the proposed canopy on the front elevation of a building located within a conservation area: there are no material considerations that would justify the approval of the application contrary to the Development Plan; and

(ii) the proposal is contrary to Policy 1 of the Dundee Local Plan Review 2005 due to the potential adverse impact on the amenity enjoyed by adjacent residents due to noise disturbance: there are no material considerations that would justify approval of the application contrary to the Development Plan.

II PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN117-2006 advising the Committee of the outcome of the undernoted planning appeals.

(a) 21 MUIRFIELD ROAD, DUNDEE - FORMATION OF SINGLE STOREY REAR EXTENSION AND DORMER EXTENSION

Reference was made to the decision of the Council on 20th October, 2005, under powers delegated to the Director of Planning and Transportation, to refuse planning permission because the Council considered that the proposed dormer by its size, scale, bulk and massing and location would be an unsympathetic and incongruous addition to the dwellinghouse contrary to the provisions of Policy 14 of the adopted 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 in respect of the dormer element of the proposal but upheld with the standard five year condition in respect of the single storey extension.

(b) LAND NORTHWEST OF 27 CLAYPOTTS ROAD - ERECTION OF DWELLING

Reference was made to Article I(j) of the minute of this Committee of 29th August 2005 wherein the above proposal was refused planning permission because the Council considered that the proposal contravened Policy 64 of the adopted Dundee Local Plan Review as the proposal would have an adverse visual impact on Claypotts Castle, a scheduled ancient monument and a Category A listed building; and that the proposal contravened Policy 1 of the Review due to its potential adverse impact on the amenity of neighbours (traffic movement and access).

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 supply of details of materials and the replacement of trees.

(c) LAND ADJACENT TO DERWENT AVENUE - INSTALLATION OF 12.5M TELECOMS MAST AND EQUIPMENT CABINETS

Reference was made to Article I(c) of the minute of this Committee of 26th September, 2005 wherein the above proposal was refused planning permission because the Council considered that the proposal would appear prominent and incongruous in the street scene and would be detrimental to the visual amenity of the area contrary to Policies 1 and 78 of the Dundee Local Plan Review 2005. The proposal would also prejudice the implementation of the Council's regeneration strategy for 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 had been upheld with a condition applied relating to removal and site reinstatement should the equipment become obsolete or redundant.

(d) LAND NORTH OF BOWLING CLUB, BALGAY ROAD, DUNDEE - ERECTION OF TELECOMMUNICATIONS MAST AND APPARATUS

Reference was made to Article I(a) of the minute of this Committee of 27th June, 2005 wherein the above proposal was refused planning permission because the Council considered that the proposal contravened Policy BE 31 of (the then) adopted Dundee Local Plan 1998 and Policy 78 of (the then) Draft Dundee Local Plan Review 2005 and Policy 7 of the Council's approved non statutory policies relating to telecommunications developments.

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 removal of the installation when obsolete or redundant and the minor relocation of the compound to allow for the maintenance of the adjacent hedge.

(e) LAND OFF THOMSON STREET, MAGDALEN YARD ROAD, DUNDEE (FORMER TAY ROPE WORKS) - ERECTION OF TWO DWELLINGHOUSES

Reference was made to Article I(a) of the minute of this Committee of 29th August, 2005 wherein the above proposal was refused planning permission because the Council considered that the proposal was likely to adversely effect the character of the West End Lanes Conservation Area; the backland nature of the proposal; the loss of amenity for neighbours on account of visual impact, potential overshadowing, loss of privacy and road safety. (Policies 1, 4, 55 and 61 of the adopted Dundee Local Plan Review refer).

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 in respect of the northern house had been dismissed but upheld with appropriate conditions in relation to the southern house.

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

There was submitted Report No 166-2006 by the Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during the month of January 2006.

The Committee noted the contents of the report.

IV DANGEROUS AND DEFECTIVE BUILDINGS

It was reported that, following the implementation of the Building (Scotland) Act 2003, a review of the administration of the Council's responsibilities for Sections 28 to 30 of the Act had taken place. As a result of this review and a period of transition, the administration of the dangerous and defective building function will pass to the Building Standards Team and become the responsibility of the Head of Planning from 1st April, 2006.

The Committee noted accordingly.

ROD WALLACE, Convener.