Planning Committee (including Former Development Management And Development Quality) - 22/05/2006

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 22nd May, 2006.

Present:-

BAILIES

COUNCILLORS

Councillor Rod WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 24th April 2006 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 05-01030-FUL - SEATHWOOD, 365 PERTH ROAD, DUNDEE - INSTALLATION OF 18M HIGH TELECOMMUNICATIONS MAST AND ASSOCIATED EQUIPMENT - FOR VODAFONE LTD

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 61: Development in Conservation Areas of the Dundee Local Plan Review 2005 as the installation of an artificial "tree" mast on a large concrete base will not preserve or enhance the character of the Conservation Area and the operator has filed to demonstrate that the continued operation of the mast will not require repeated pruning of the surrounding mature trees in future years to the detriment of their shape and appearance which will also have a detrimental impact on the character of the Conservation Area. 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 72: Trees and Urban Woodland of the Dundee Local Plan Review 2005 as the installation of an artificial "tree" mast on a large concrete base does not have regard to the survival and retention of existing healthy mature trees and it is considered that the operator has failed to demonstrate that the continued operation of the mast will not require repeated detrimental pruning of the surrounding mature trees in future years. 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 11 of the Council's Non-Statutory Policies in Relation to Telecommunications and Other Apparatus as detailed in Policy 78: Location of Telecommunications Equipment of the Dundee Local Plan Review 2005 as the site lies within a Conservation Area where there is a presumption against the location of ground based masts which are considered likely to adversely affect the setting of the Conservation area.

(b) 06-00092-FUL - LAND IN PLAYING FIELD SOUTH OF CERES CRESCENT, BROUGHTY FERRY - INSTALLATION OF 22M HIGH TELECOMMUNICATION MAST, ASSOCIATED EQUIPMENT AND PALISADE FENCE - FOR VODAFONE LTD

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 Policies 2 and 7 of the Council's non-statutory policies in relation to telecommunications and other apparatus as detailed in Policy 78: Location of Telecommunications Equipment of the Dundee Local Plan Review 2005 due to the close proximity to residential properties and its location within a public playing field. There are no material considerations that would justify a departure to the provisions of the development plan in this instance;

(ii) the proposed development is contrary to Policy 72: Trees and Urban Woodland of the Dundee Local Plan Review 2005 as the installation of an artificial "tree" mast on a large concrete base does not have regard to the survival and retention of existing healthy trees and it is considered that the operator has failed to demonstrate that the continued operation of the mast will not require future removal or pruning of the trees. There are no material considerations that would justify a departure to the provisions of the Development Plan in this instance; and

(iii) the proposal is contrary to Policy 1 of the Dundee Local Plan Review 2005 due to the potential adverse visual impact on the amenity enjoyed by local residents due to the height and scale of the proposed mast. There are no material considerations that would justify a departure to the provisions of the Development Plan in this instance.

(c) 06-00238-FUL - LAND TO THE SOUTH OF BERWICK DRIVE - ERECTION OF 15M HIGH STREETWORKS MONOPOLE - ASSOCIATED EQUIPMENT - FOR O2 (UK) LTD.

After considering objections received Councillor Sawers, seconded by Councillor Andrew Dawson, moved refusal of the application on the grounds that the proposed mast would adversely affect the visual amenity of the area, have an adverse impact on trees and would obscure sightlines for cars emerging from Salton Crescent and therefore fails to overcome the presumption against ground based apparatus within residential areas set out in Policy 2 of the Council's "Non Statutory Planning Policies in Relation to Telecommunications and Other Apparatus" incorporated into Policy 78 of the adopted Dundee Local Plan review.

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, Wright, Powrie and Borthwick and Councillors Keenan, Regan, Sturrock, Hind, Macpherson, Dick, Duncan, Beattie, Andrew Dawson, Sawers, Roberts, Barrie and Webster (18) and for the amendment - the Convener and Councillors Shimi, Grant, Morrow, Will Dawson and Scott (6); Councillor Don declining to vote as he had been absent during part of the deliberation - whereupon the motion was declared carried.

(d) 06-00260-FUL - LAND TO WEST OF PARKER STREET - ERECTION OF STUDENT RESIDENCES - FOR UNIVERSITY OF ABERTAY

Councillor Grant declared a financial interest in this item by virtue of her employment by the University of Abertay and took no part in the consideration thereof.

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 objection received, Councillor Sturrock, seconded by Councillor Duncan, moved refusal of the application on the agenda that:

(i) the proposed development will adversely impact on the visual quality and setting of the surrounding conservation areas and of the adjacent listed buildings by virtue of the inappropriate scale, form, siting, alignment and materials of the new residence which is contrary to Policy 55 of the Finalised Dundee Local Plan Review;

(ii) the proposed development will adversely impact on local parking provision and the free flow of traffic by virtue of the increase in movements generated by the proposal onto and from the busy adjacent roadway and failure to provide adequate off street car parking facilities associated with the new residences within the curtilage of the new building which is contrary to Policy H1 of the Dundee Local Plan 1998 and Policy 9 of the Finalised Dundee Local Plan Review. There are no material consideration of sufficient weight that would justify the setting aside of these policies and offering support for the development;

(iii) that the proposed development is considered to be contrary to Policy 82 (Cycling Facilities) of the Dundee Local Plan Review 2005 by virtue of the failure of the applicants to provide adequate secure cycle parking facilities within the curtilage of the site for the future occupants of the building; and

(iv) that the proposed development is considered to be contrary to Policy 4 (Design of New Housing) of the Dundee Local Plan Review 2005 by virtue of the failure of the applicants to provide adequate outdoor drying facilities within the curtilage of the site for the future occupants of the new building.

As an amendment, the Convener, seconded by Councillor Morrow, 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 - Councillors Sturrock, Duncan, Beattie, Andrew Dawson and Roberts (5); and for the amendment - the Convener Lord Provost Letford, Bailies Farquhar, Wright, Powrie and Borthwick and Councillors Shimi, Keenan, Regan, Hind, Morrow, Macpherson, Dick, Sawers, Barrie, Will Dawson, Webster and Scott (18); Councillor Don declining to vote as he had been absent during part of the deliberations - whereupon the amendment was declared carried.

(e) 06-00035-FUL - LAND TO WEST OF ST MARTIN AVENUE - ERECTION OF 130 DWELLINGHOUSES - FOR BETT HOMES (NORTH EAST SCOTLAND) LTD.

Councillor Keenan declared a non-financial interest in this item by virtue of living in close proximity to the application site, and took no place in the discussion thereof.

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 deputation 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, Bailie Borthwick, seconded by Councillor Beattie, moved refusal of the application on the grounds that:

(i) it is considered that it has not been fully demonstrated that the site can be adequately drained; and

(ii) it is considered that the proposed development would be detrimental to road traffic and pedestrian safety by virtue of the use of a single access only into the site from Strathmartine Road. The development would result in increased congestion on the local road network and with only a single footpath located on the opposite side of Strathmartine Road from the development site would result in a road safety hazard for pedestrians.

As an amendment the Convener, seconded by Lord Provost Letford, moved approval of the application subject to the conditions recommended by the Director of Planning and Transportation, and subject to the following addition to Recommendation 1, relating to a Section 75 Agreement:-

"3. the provision of a footbridge and footpath linking the application site to the existing development to the south".

On a division, there voted for the motion - Bailies Powrie and Borthwick and Councillors Sturrock, Dick, Duncan, Beattie, Andrew Dawson and Roberts (8); and for the amendment - the Convener, Lord Provost Letford, Bailies Farquhar and Wright and Councillors Grant, Hind, Macpherson, Sawers, Barrie, Will Dawson, Webster and Scott (12); Councillors Shimi, Morrow and Don declining to vote as they had been absent during part of the deliberations and Councillor Regan being absent when the vote was taken - whereupon the amendment was declared carried.

(f) 06-00101-FUL - LAND NORTH OF NORTH GEORGE STREET, WEST OF CALDRUM STREET - ERECTION OF 6 FLATS FOR HILLCREST HOUSING ASSOCIATION

After considering objections received, Councillor Grant, seconded by Councillor Hind, moved refusal of the application on the grounds that the proposed development is contrary to Policy 4 of the Dundee Local Plan Review 2005; there are no material considerations that would justify approval of the application contrary to the Development Plan.

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, Powrie and Borthwick and Councillors Shimi, Keenan, Sturrock, Grant, Hind, Morrow, Macpherson, Dick, Don, Duncan, Beattie, Andrew Dawson, Sawers, Roberts, Will Dawson and Webster (20); and for the amendment - the Convener and Councillors Barrie and Scott (3); Lord Provost Letford and Regan being absent when the vote was taken, whereupon the motion was declared carried.

The Committee agreed to the suspension of Standing Order No 26, to enable the meeting to continue past 9.30pm.

(g) 06-00154-FUL - GARDENS OF GRAY HOUSE, DYKES OF GRAY ROAD - ERECTION OF DWELLING IN GARDEN GROUND - FOR MR AND MRS BELL

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

(h) 06-00283-FUL - LAND SOUTH OF 21 BALDOVAN ROAD - ERECTION OF HOUSE IN GARDEN GROUND - FOR MR AND MRS HANSEN

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

(i) 06-00010-FUL - 11 ELIE AVENUE, BROUGHTY FERRY - ERECTION OF EXTENSION TO FORM ADDITIONAL RESIDENTIAL ACCOMMODATION - FOR MRS H QUINN

The Committee acceded to requests 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 the proposed development is contrary to Policy 14 of the Dundee Local Plan Review 2005 due to the scale of the proposed extension which would lead to over-development of the site and the adverse impact on the amenity of those neighbours to the east of the application site due to the close proximity of the extension to habitable windows. There are no material considerations that would justify a departure to the provisions of the development plan in this instance.

(j) 06-00235-FUL - 7 ROCKFIELD CRESCENT - 2 STOREY EXTENSION TO WEST ELEVATION AND ERECTION OF SWIFT ROOFTOP ENERGY SYSTEM - FOR PROFESSOR AND MRS BLOW

Councillor Don declared a non-financial interest in this item by virtue of knowing the applicant, and took no part in the discussion thereof.

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

(k) 06-00228-FUL - 7 MONTGOMERIE CRESCENT - EXTENSION ON EAST ELEVATION - FOR MR AND MRS MILNE

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

(l) 06-00250-FUL - 3 PITREAVIE PLACE - EXTENSION TO DWELLINGHOUSE - FOR MR AND MRS D MITCHELL

Councillor Beattie declared a non-financial interest in this item, by virtue of having been approached by the applicant, and took no part in the discussion thereof.

The Committee acceded to requests 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 Councillor Macpherson, moved deferral of the application to enable further dialogue between the applicant and the objectors. As an amendment, the Convener, seconded by the Lord Provost, moved that the application be not deferred.

On a division, there voted for the motion - Bailies Powrie and Borthwick and Councillors Sturrock, Macpherson, Dick, Don, Andrew Dawson, Sawers, Roberts, Will Dawson and Webster (11); and for the amendment - the Convener, Lord Provost Letford, Bailie Wright and Councillors Shimi, Keenan, Grant, Hind, Morrow, Duncan, Barrie, and Scott (11); Bailie Farquhar and Councillor Regan being absent when the vote was taken - whereupon the Convener gave his casting vote in favour of the amendment, and the amendment was declared carried. Thereafter, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation and subject to the additional condition that:

"details of the finishing of the east gable elevation of the proposed extension 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; because although the plans submitted indicate that the extension will be rendered to match the existing finish and this is acceptable, it will not be possible to implement this finish without getting access to the adjoining property. If such access is denied then an acceptable alternative finish needs to be approved before works are started on the site."

(m) 06-00176-FUL- 17 FAIRFIELD ROAD, BROUGHTY FERRY - FORMATION OF ONE DORMER AND EIGHT ROOF LIGHTS ON EAST AND WEST ELEVATIONS - FOR R HUSSEIN

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

(n) 06-00179-LBC - 17 FAIRFIELD ROAD, BROUGHTY FERRY - FORMATION OF ONE DORMER AND EIGHT ROOF LIGHTS ON EAST AND WEST ELEVATIONS - FOR R HUSSEIN

After considering 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 Area due to the potential adverse visual impact on the appearance and character of the listed building and conservation area.

(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 rooflights and dormer on the listed building and conservation area. There are no material considerations that would justify approval contrary to the development plan.

(o) 06-00184-COU - 20 EXCHANGE COURT, EXCHANGE STREET - CHANGE OF USE FROM VACANT UNIT TO 2 FLATS - FOR MCLEISH BROTHERS PROPERTIES 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, it was thanked for its attendance and withdrew.

Thereafter, having considered objections received, Councillor Morrow, seconded by Councillor Shimi, moved approved of the application subject to the conditions that:-

(i) development hereby permitted shall be commenced within five years from the date of granting of this permission;

(ii) samples of the finishing materials 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 schemes, and

(iii) planning permission shall not be issued unless and until agreement under Section 75 of the Town & Country Planning (Scotland) Act 1997, between the Council and parties with appropriate interests in the land has been recorded. This agreement will relate to the prohibition of the dwelling hereby permitted becoming a house in multiple occupation.

As an amendment, Councillor Macpherson, seconded by Councillor Don, moved refusal of the application on the grounds that the proposed development contravenes the provisions of Policy 4 and Appendix 1 of the Dundee Local Plan Review 2005 as it involves the provision of a one bedroom flat with a restricted level of natural light. There are no material considerations that would justify a departure to the provisions of the development plan in this instance.

On a division, there voted for the motion - the Convener, Lord Provost Letford, Bailies Wright and Borthwick and Councillors Shimi, Keenan, Grant, Hind, Morrow, Duncan, Beattie, Andrew Dawson, Barrie, Will Dawson and Webster (15); and for the amendment - Bailie Powrie and Councillors Sturrock, Macpherson, Dick, Don, Sawers, Roberts and Scott (8); Bailie Farquhar and Councillor Regan being absent when the vote was taken, whereupon the motion was declared carried.

(p) 06-00268-FUL - 31 BUTTARS LOAN - FORMATION OF BEER GARDEN ETC - FOR PUNCH PUB COMPANY

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

(i) The proposed development is contrary to Policy 53: Licensed and Hot Food Premises outwith the City Centre of the Dundee Local Plan 2005 as the beer garden would be within 30 metres of residential properties and 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 1: Vibrant and Sustainable Communities of the Dundee Local Plan Review 2005 as the layout and operation of the beer garden and use of the awning would be likely to adversely affect the environmental qualities enjoyed by local residents by virtue of the likely increase in noise and disturbance from patrons and there are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy.

(q) 06-00240-FUL - 83 CHARLESTON DRIVE - FORMATION OF EXTERNAL LICENSED AREA, NEW PITCHED ROOF TO BUILDING AND ELEVATIONAL ALTERATIONS - FOR THE COMMERCIAL PUB CO LTD

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

(i) the proposed licensed beer garden is contrary to Policy 53 of the Dundee Local Plan Review 2005 as it lies within 30 metres of existing housing and there are no material considerations of sufficient strength to support the granting of planning permission contrary to the policy.

(ii) that the proposed use of the licensed terrace on the south side of the building does not comply with Policy 1: Vibrant and Sustainable Communities of the Dundee Local Plan Review 2005 as the layout will be likely to increase the noise and disturbance to the detriment of the environmental quality enjoyed by local residents and there are no material considerations of sufficient strength to justify the granting of planning permission contrary to that Policy.

(r) 06-00111-FUL - 28 TRADES LANE - POSITIONING OF MOBILE CATERING UNIT (NOT PERMANENT) TO SOUTH OF CAR PARK - FOR V J FLYNN

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

(i) the proposed development could result in a distraction to trunk road users and result in increased interference with the safety and free flow of traffic on the trunk road. There are no material considerations that would justify approval of the application.

(ii) the provision of a temporary structure on this visually prominent site on one of the City's main Ambassador Routes would adversely impact the visual amenity of the area which is contrary to Policy 57 of the Dundee Local Plan Review 2005.

(s) 06-00280-COU - 187 PRINCES STREET - CHANGE OF USE FROM RETAIL TO HOT FOOD TAKEAWAY AND INSTALLATION OF FLUE - FOR MR T THOMSON

After considering 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. There are no material considerations that would justify approval of the application contrary to the Development Plan.

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

There was submitted Report No 276-2006 by the Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during March 2006.

The Committee noted the contents of the report.

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as detailed in Paragraphs 1, 12 and 13 of Part 1 of Schedule 7(A) of the Act.

III PLANNING CONSENT DECISION

Reference was made to Article II of the minute of meeting of 24th April and to the decision of the Committee to continue this matter to allow the attendance of all parties. Upon the resumption of the consideration of this matter, Councillor Keenan declared a non-financial interest in this item by virtue of being a friend of the applicant and took no part in the discussion thereof.

The Committee had before them and considered an e-mail from the objector.

The Committee also acceded to a request for a deputation to address the Committee from the recipient of the consent. After the deputation had stated its case and answered questions from members of the Committee, it was thanked for its attendance and withdrew.

Thereafter, there was submitted Report No 291-2006 by the Director of Planning and Transportation. After considering objections received, Bailie Borthwick moved that an ad hoc Complaints Sub-Committee, with full delegated powers, be established to consider the matter, but failed to find a seconder, whereupon the motion fell.

Thereafter, the Committee agreed to approve the recommendation in the report.

IV ALTERATIONS TO PLANNING CONSENT

The Committee had before them written complaints with supporting photographs in respect of this matter.

Councillor Hind declared a non-financial interest in this item by virtue of having been approached by the applicant.

The Committee acceded to requests for the complainers and the recipient of the relevant consents to address the Committee. The Committee heard the complainers in support of their complaint and the complainers answered questions from the Committee. The recipient of the consent thereafter spoke in support of his position and answered questions from the Committee. After these parties had stated their cases and answered questions in support, they were thanked for their attendance and withdrew.

Thereafter, there was submitted Report No 274-2006 by the Director of Planning and Transportation.

The Convener, seconded by Councillor Macpherson, moved that an ad hoc Complaints Sub-Committee be established, with full delegated powers to investigate, including undertaking a site visit and coming to a decision on behalf of the Committee.

As an amendment, the Lord Provost, seconded by Councillor Don, moved that no such Sub-Committee be established.

On a division, there voted for the motion - the Convener and Councillors Shimi, Keenan, Macpherson and Webster (5), and for the amendment - Lord Provost Letford, Bailies Powrie and Borthwick, and Councillors Sturrock, Don, Duncan, Beattie, Andrew Dawson, Sawers, Roberts, Barrie, Will Dawson and Scott (13), Bailie Wright and Farquhar, and Councillors Grant, Regan, Morrow and Dick being absent when the vote was taken, whereupon the amendment was declared carried.

Thereafter, this matter was continued to allow the Director of Planning and Transportation to prepare further detailed advice for submission to a special meeting of the Development Quality Committee at the earliest possible opportunity.

ROD WALLACE, Convener.