Planning Committee (including Former Development Management And Development Quality) - 24/04/2006

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 24th April, 2006.

Present:-

BAILIES

COUNCILLORS

Councillor Rod Wallace, Convener, in the Chair.

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

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) LAND SOUTH OF REID'S LAND AND EAST OF GRAY STREET - ERECTION OF 18 DWELLINGS AND FORMATION OF ROAD FOR DEANS COURT LTD

The Committee acceded to a request for a deputation to address the Committee in support of the application. After the deputation had stated its case and answered questions from members of the Committee, the application was withdrawn by the applicants' Agent.

(b) 06-00018-COU - 99 BROUGHTY FERRY ROAD - RETROSPECTIVE CHANGE OF USE FROM PART OF ABATTOIR TO CAR HIRE PREMISES

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

(c) 06-00033-FUL - GOLF COURSE, BALLUMBIE ROAD - ERECTION OF 7 TWO STOREY EXECUTIVE HOUSES AND NEW ACCESS ROAD FOR MR D HARROD

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

(d) 06-00048-COU - 78 VICTORIA ROAD - CHANGE OF USE FROM GROCER'S SHOP TO CHINESE TAKE AWAY FOR MRS WEI WONG

Bailies Farquhar and Mackie and Councillors Morrow and Hind declared a non-financial interest in this application by virtue of having been approached in connection with the application.

Councillor Webster declared a non-financial interest in this application by virtue of being a work colleague of the applicant's husband.

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 proposal is contrary to Policies 1 and 53 of the adopted Dundee Local Plan Review 2005 in terms of having a detrimental impact on the amenity of residential areas in terms of noise, smell, parking and road safety.

(e) 06-00065-COU - 54 TO 62 FORT STREET - CHANGE OF USE FROM COURTYARD TO BEER GARDEN FOR MR J BLACK

The Committee acceded to a request for a deputation to address the Committee in support of the 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 FitzPatrick, seconded by Councillor Regan, moved approval of the application, subject to the conditions that:

(i) no entertainment (music, vocals, amplified or otherwise, including TV) shall be provided in the development area at any time; and

(ii) the proposed beer garden shall not be open to the public after 8pm, unless otherwise agreed in writing with the Council;

in order to protect the residential amenity enjoyed by surrounding residents.

As an amendment, the Convener, seconded by Councillor Webster, moved refusal of the application on the grounds that the proposal is contrary to Policy 1 of the Dundee Local Plan Review 2005 on the grounds of the adverse impact on residential amenity due to potential noise disturbance and there are no material considerations that would justify approval of the application contrary to the Development Plan.

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

(f) 06-00103-FUL - LAND SOUTH OF LOGIE GARDENS, EAST OF GLENAGNES ROAD - ALTERATIONS AND EXTENSION TO PLOT 1 FOR GLENAGNES DEVELOPMENTS LTD

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

(g) 06-00102-FUL - JAMES STREET CAR PARK, JAMES STREET - ERECTION OF 13 HOUSES AND 12 FLATS FOR HILLCREST HOUSING ASSOCIATION

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

(h) 06-00108-FUL - 22 CARRADALE DRIVE - TWO STOREY EXTENSION ON SOUTH ELEVATION FOR MR PAUL MITCHELL

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

(i) 06-00127-FUL - LAND NORTH OF LAW CRESCENT, EAST OF KINPURNIE PLACE - ERECTION OF 18 DWELLINGHOUSES FOR WEST RESIDENTIAL

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, Councillor Sturrock, seconded by Bailie Farquhar, moved refusal of the application on the grounds that -

(i) the adjacent roads of Kenmore Terrace and Killin Avenue are narrow roads which experience a significant level of on-street car parking, making vehicular access along them difficult; it is considered that the proposed development would result in further on-street parking on those adjacent roads making vehicular access along them all the more difficult; in such circumstances it is considered that the proposed development would be detrimental to the residential amenity enjoyed by existing residents by way of parking and traffic movement problems, contrary to the provisions of Policy 1 of the Dundee Local Plan Review 2005; and

(ii) it is considered that the proposed development would result in the development of a high number of fairly large houses on a relatively small site; consequently the proposal constitutes a high density development in an area of low density housing provision; accordingly it is considered that the proposed is contrary to the provisions of Part B of Policy 4 of the Dundee Local Plan Review 2005.

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 Farquhar, Wright and Borthwick and Councillors Regan, Sturrock, Grant, Hind, Macpherson, Don, Duncan, FitzPatrick, Roberts, Barrie, Fordyce and Webster (15); and for the amendment - the Convener, Lord Provost Letford, Bailie Mackie and Councillors Keenan, Morrow and Scott (6); Bailie Powrie and Councillor Shimi declining to vote as they were absent during part of the proceedings; whereupon the motion was declared carried.

(j) 06-00116-FUL - 285 BROOK STREET, BROUGHTY FERRY - PROPOSED CANOPY TO PROVIDE SMOKING AREA FOR JONATHAN STEWART

The Committee acceded to a request 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 proposal is contrary to policy 1 of the Dundee Local Plan Review 2005 on the grounds of the adverse impact on residential amenity due to potential noise disturbance. There are no material considerations that would justify approval of the application contrary to the Development Plan.

(k) 06-00117-FUL - FISHERMAN'S TAVERN, 10 TO 16 FORT STREET, BROUGHTY FERRY FOR JONATHAN STEWART

The Committee acceded to a request 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 -

(i) the proposal is contrary to Policy 1 of the Dundee Local Plan Review 2005 due to the adverse impact on residential amenity due to noise and smell; there are no material considerations that would justify approval of the application contrary to the Development Plan; and

(ii) the proposal is contrary to Policies 60 and 61 of the Dundee Local Plan Review 2005 due to the adverse visual impact on the character of the listed building and surrounding conservation area; there are no material considerations that would justify approval of the application contrary to the Development Plan.

(l) 06-00139-LBC - FISHERMANS TAVERN, 10 TO 16 FORT STREET FOR JONATHAN STEWART

The Committee acceded to a request 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 -

(i) the proposal is contrary to Section 14 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and advice in the Memorandum of Guidance on Listed Buildings and Conservation Areas due to the potential adverse visual impact on the appearance and character of the listed building and conservation area; and

(ii) the proposal is contrary to Policies 60 and 61 of the Dundee Local Plan Review 2005 due to the adverse visual impact of the proposed canopies on the listed building and conservation areas; there are no material considerations that would justify approval contrary to the Development Plan.

(m) 06-00130-FUL - 165 TO 167 PERTH ROAD - PROPOSED AWNING/CANOPY TO PROVIDE SMOKING AREA ON FRONT ELEVATION FOR JONATHAN STEWART

The Committee acceded to a request 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 -

(i) the proposed development is contrary to Policy 1 - Vibrant and Sustainable Communities of the Dundee Local Plan Review 2005 as the size, design and location will be detrimental to the appearance of the building; the awning will encourage patrons to congregate on the footway to the detriment of pedestrian and vehicular safety and the use of the proposed awning will be likely to result in increased noise and smell to local residents; there are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy;

(ii) the proposed development is contrary to Policy 60 - Alterations to Listed Buildings of the Dundee Local Plan Review 2005 as it does not preserve or enhance the architectural or historic character of the building and will diminish the architectural integrity of the building and its historic interest; there are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy; and

(iii) the proposed development is contrary to Policy 61 - Development in Conservation Areas of the Dundee Local Plan Review 2005 as it does not preserve or enhance the character of the area; there are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy.

(n) 06-00131-LBC - 165 TO 167 PERTH ROAD - PROPOSED AWNING/CANOPY ON FRONT ELEVATION FOR JONATHAN STEWART

The Committee acceded to a request 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, the Committee refused the application on the grounds that -

(i) the proposed development is contrary to Policy 60 - Alterations to Listed Buildings of the Dundee Local Plan Review 2005 as it does not preserve or enhance the architectural or historic character of the building and will diminish the architectural integrity of the building and its historic interest; there are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy; and

(ii) the proposal fails to comply with the Memorandum of Guidance on Listed Buildings and Conservation Areas as the awnings would conflict with specific guidance in Appendix 1 and would have a significant detrimental impact on the facade of the listed building in both the open and closed situations.

(o) 06-00170-COU - FARINGTON HOUSE, 1 FARINGTON STREET - CHANGE OF USE FROM HOUSING FOR THE ELDERLY TO 16 BEDSITS, 6 ONE BED UNITS AND 2 TWO BED UNITS FOR FARINGTON HOUSE PROPERTIES LTD

The Committee acceded to a request 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 refused the application on the grounds that -

(i) the proposal includes the provision of a total of 22 single bed roomed units; as such the proposal is considered to be contrary to the provisions of Policy 4 of the adopted Dundee Local Plan Review 2005 which requires a minimum of 2 bedrooms per unit; there are no material considerations that would justify the setting aside of this Policy and granting planning permission contrary to the provisions of the Development Plan;

(ii) the proposal provides for a maximum of 10 on street car parking spaces with none in the curtilage of the building; in this regard the proposal is contrary to the provisions of Policy 4 of the Dundee Local Plan Review 2005 which requires a minimum of 150% car parking with at least one space dedicated to each flat; there are no material considerations that would justify the setting aside of this Policy and granting planning permission contrary to the provisions of the Development; and

(iii) it is considered that the proposed development would be detrimental to the environmental quality enjoyed by existing residents by way of the adverse impact on car parking and traffic movement issues; in this regard the proposal is contrary to the provisions of Policy 1 of the Dundee Local Plan Review 2005; there are no material considerations that would justify setting aside this Policy and granting planning permission contrary to the provisions of the Development Plan.

In addition, it was remitted to the Director of Planning and Transportation to submit a further report on possible unauthorised works in respect of the application and the various options for Enforcement Action, if appropriate.

(p) 06-00163-COU - 69 VICTORIA STREET - CHANGE OF USE FROM FORMER BOYS BRIGADE CLUB TO DANCE STUDIO FOR MORAG BRANNAN

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

It was reported that the Convener had agreed that the undernoted item II be considered as a matter of urgency in terms of Standing Order 17(b) in view of the timescales involved.

II PROPOSED CONSERVATORY - 5 MERICMUIR GARDENS

There was submitted Agenda Note AN165-2006 advising the Committee that on 30th March, 2006 the Council had received a valid planning application for the erection of a conservatory on the east elevation of the property at 5 Mericmuir Gardens.

A valid letter of objection was received from a neighbour at 8 Mericmuir Place raising concerns about residential amenity, namely overlooking, overshadowing, noise, odour and the appearance of the development.

It was reported that there had been an administrative delay between the receipt of the objection letter and the case officer dealing with the application and the case officer had been unaware of the existence of the objection letter when he prepared his written report and assumed that the permission could be dealt with under delegated powers. It was only after the decision had been issued that the existence of the objection came to light. Therefore a decision had been taken on the application under power delegated to the Director of Planning and Transportation and the decision notice issued. Planning permission had therefore been granted.

The Committee remitted to the Director of Planning and Transportation to submit a full report to the Committee at the earliest opportunity detailing the options open to them in these circumstances.

III REDEVELOPMENT OF FORMER DUNDEE ROYAL INFIRMARY SITE

There was submitted Agenda Note AN139-2006 regarding the redevelopment of the former Dundee Royal Infirmary site.

Reference was made to Article II of the minute of meeting of the Planning and Transportation Committee of 27th March 2000, when a Masterplan for the redevelopment of the site for residential use was approved subject to planning conditions and a Section 75 Agreement to control the phasing of the development.

It was reported that the planning application had been the subject of several non-material amendments during the development process and the individual retained buildings had been the subjects of individual Listed Building consents for their conversion, and earlier amendments to the Section 75 Agreement had been the subject of approvals by the Council to allow the developer to proceed concurrently with separate phases of development.

It was reported that redevelopment of Phase 4, the conversion of the Main Building into 63 apartments was well underway and the developer sought permission from the Council to commence the construction of Phase 5, which comprised the last 8 semi-detached townhouses, prior to the completion of Phase 4.

The Committee therefore remitted to the Director of Planning and Transportation, in consultation with the Depute Chief Executive (Support Services), to enter into an agreement with appropriate parties to vary the Section 75 in respect of the redevelopment of the Former Dundee Royal Infirmary to allow Phase 5 to commence prior to the completion of Phase 4.

IV PERFORMANCE INDICATORS FOR DEVELOPMENT QUALITY 2005/2006

There was submitted Report No 256-2006 by the Director of Planning and Transportation outlining aspects of Development Quality performance for the year 2005/2006 in relation to Scottish Executive targets and Key Performance Indicators from the Planning and Transportation Service Plan 2004-2007.

The Committee agreed to -

(i) note the trends in performance of the Development Quality Service;

(ii) reaffirm the approach to quality of planning decision making as its predominant requirement while at the same time seeking the adoption of any measures which would increase the speed of decision and otherwise further improve the standard of service to customers and the service; and

(iv) acknowledge the major challenge which the Development Quality Service faces in maintaining present levels of performance in the face of the issues raised in this report.

V PLANNING APPEALS PERFORMANCE 2005/2006

There was submitted Report No 255-2006 by the Director of Planning and Transportation advising the Committee of the Council's planning appeals performance for the year 2005/2006.

The Committee noted the contents of the report.

VI PLANNING ENFORCEMENT AND TREE PROTECTION PERFORMANCE 2005/2006

There was submitted Report No 260-2006 by the Director of Planning and Transportation to inform Members of the nature and extent of planning enforcement activity for the year 2005/2006 together with information for the same period on tree preservation work.

The Committee noted the contents of the Report and reaffirmed its approach to planning enforcement and tree preservation.

VII BUILDING (SCOTLAND) ACT 2003 - SECTIONS 29 & 30 - DANGEROUS BUILDINGS

There was submitted Report No 223-2006 by the Director of Planning and Transportation advising members of the action taken in dealing with dangerous buildings during the month of February 2006.

The Committee noted the contents of this report.

ROD WALLACE, Convener.