Planning Committee (including Former Development Management And Development Quality) - 28/08/2006

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 28th August, 2006.

Present:-

Lord Provost John R LETFORD

BAILIES

C D P FARQUHAR	John CORRIGAN	Bruce D MACKIE
	Neil I C POWRIE	Ian BORTHWICK

COUNCILLORS

Jill SHIMI	Helen DICK	Christina ROBERTS
Kevin KEENAN	Bob DUNCAN	Jim BARRIE
Julia M STURROCK	Andrew DAWSON	Will DAWSON
Fiona M GRANT	Joe FITZPATRICK	Roderick A J WALLACE
Joe MORROW	Derek SCOTT	Charles A WEBSTER

Councillor Rod WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 19th June, 2006 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) LAND TO WEST OF OLD KINGS CROSS ROAD - INSTALLATION OF TELECOMMUNICATIONS MAST AND 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 deferred consideration of this item to enable further discussion with the applicant to take place.

(b) 06-00298-FUL - LAND TO WEST OF 152 MARKETGAIT - ERECTION OF MIXED USE DEVELOPMENT COMPRISING FOOD RETAIL UNIT, BAR/RESTAURANT, OFFICE ACCOMMODATION, CASINO, SERVICED APARTMENT, ANCILLARY CAR PARKING AND CHANGE OF USE OF EXISTING LISTED BUILDING TO CHILDREN'S DAY CARE NURSERY - FOR MARKETGAIT DEVELOPMENTS LTD

After considering objections received, Councillor Sturrock, seconded by Councillor FitzPatrick, moved deferral of the application. As an amendment, the Convener, seconded by Councillor Grant, moved that the application be not deferred.

On a division, there voted for the motion - Bailies Powrie and Mackie, and Councillors Sturrock, Dick, Andrew Dawson, FitzPatrick, Roberts, Barrie and Will Dawson (9); and for the amendment - the Convener, Lord Provost Letford, and Councillors Shimi, Keenan, Grant, Morrow, Duncan, Webster and Scott (9); Bailie Farquhar, Corrigan and Borthwick 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.

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

(d) LAND NORTHMOST OF O'NEILL TERRACE, NORTH OF BRIDGEND STREET - ERECTION OF 54 RESIDENTIAL UNITS - FOR H & H PROPERTIES

The Committee deferred consideration of this item to enable further discussion with the applicant regarding car parking issues.

(e) 06-00140-FUL - DENSFIELD WORKS, TANNADICE STREET - ERECTION OF 23 HOUSES - FOR SERVITE HOUSING ASSOCIATION

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

(f) 06-00398-FUL - 305 QUEEN STREET - AMENDMENT TO PREVIOUS PLANNING CONSENT FOR, ERECTION OF 7 FLATS - FOR JUSTICE HOMES LTD

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

(g) 06-00450-FUL - 1 AND 4 LINFIELD STREET - ERECTION OF 2 SEMI-DETACHED HOUSES, CHANGE OF USE FROM SHOP TO FLAT AND FROM PUBLIC HOUSE TO RESTAURANT - TAKEAWAY - FOR G SQUIRE

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

(h) 06-00467-FUL - LAND TO THE SOUTH OF THE LODGE AT 488 PERTH ROAD - ERECTION OF ONE DWELLINGHOUSE - FOR P MOORE

Councillor Shimi declared both a financial and non-financial interest in this application by virtue of residing in a property set in the same grounds.

Thereafter, having considered objections received, the Committee refused the application on the grounds that:-

(i) the proposed development is contrary to Policy 15 "Development in Garden Ground" of the Dundee Local Plan Review 2005 in respect of criteria (a), (b), (h) and (i) because, the design and materials are not appropriate to the surroundings, further development will detrimentally affect the appearance and character of the site as it now exists, the tree survey is not reflected in the plans and valuable existing mature landscaping will be lost and new landscaping cannot enhance the character and stature of that already existing and there are no material considerations of sufficient strength to justify the granting of planning permission contrary to that policy;

(ii) the proposed development is contrary to Policy 4 "Design of New Housing" of the Dundee Local Plan Review 2005 as it would fail to provide sufficient private usable garden ground as required by the policy and there are no material considerations of sufficient strength to justify the granting of planning permission contrary to that policy; and

(iii) the proposed development is contrary to Policy 61 "Development in Conservation Areas" of the Dundee Local Plan Review 2005 as the siting, design and materials would fail to preserve or enhance the setting of the Listed Building or the character of the area and will result in the loss of mature landscaping which contributes to the character and appearance of the area as required by the policy and there are no material considerations of sufficient strength to justify the granting of planning permission contrary to that policy.

(i) 06-00510-FUL - LAND IN GARDEN GROUND, 4 DUNTRUNE TERRACE, BROUGHTY FERRY - ERECTION OF DWELLINGHOUSE - FOR D McAUSLAND AND D CARRIE

Thereafter, having considered objections received, the Committee refused the application on the grounds that:-

(i) the proposed development contravenes Policy 15(a), (d) and (h) of the adopted Dundee Local Plan Review 2005 by reason of its poor relationship with and close proximity to the adjoining listed building and the lack of any information on the impact on the trees in the adjoining property to the east and there are no material considerations that would justify approving the application contrary to the Development Plan;

(ii) the proposed development contravenes Policy 55 of the adopted Dundee Local Plan Review 2005 and the requirement under Section 59 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses because it would significantly disrupt the symmetry of the principal southern elevation of the listed building and its bulk and form would appear incongruous in close proximity to the original house. There are no material considerations that would justify approving the application contrary to the Development Plan; and

(iii) the proposed development contravenes Policy 61 of the adopted Dundee Local Plan Review 2005 and the requirement under Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to have special regard to the desirability of preserving or enhancing the character or appearance of that area because the negative impact of the proposed new house on the listed building and the extensive lopping of trees to accommodate the development would adversely impact on the visual amenity of the West Ferry Conservation Area. There are no material considerations that would justify approving the application contrary to the Development Plan.

(j) 06-00626-LBC - LAND IN GARDEN GROUND, 4 DUNTRUNE TERRACE, BROUGHTY FERRY - ERECTION OF DWELLING IN GARDEN WITH LINK WALL TO LISTED BUILDING - FOR D McAUSLAND AND D CARRIE

Thereafter, having considered objections received, the Committee refused the application on the grounds that the proposed development significantly disrupts the symmetry of the principal elevation of the listed building in a negative manner and its close proximity along with its form and bulk results in an incongruous appearance that detracts from the listed building. The proposal is therefore contrary to Section 14 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, which requires the Council to have special regard to the desirability of preserving listed buildings or their setting or any features of special architectural or historic interest which they possess.

(k) 06-00680-FUL - 32 MIDDLEBANK CRESCENT - ERECTION OF DWELLINGHOUSE IN GARDEN GROUND - FOR E JOHNSTON

The Committee acceded to requests for deputations to address the Committee both in support of, and relative to objections to the above application. After the deputations had stated their case, 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.

At this point, the Committee agreed to suspend Standing Order 26 in order to allow the meeting to proceed past 9.30 pm.

(l) 06-00702-FUL - 8 CHARLOTTE CLOSE - 2 STOREY EXTENSION TO WEST ELEVATION OF DWELLING - FOR MR AND MRS McDONALD

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

(m) 06-00596-FUL - 58 STRACHAN AVENUE, BROUGHTY FERRY - TWO STOREY EXTENSION TO WEST ELEVATION - FOR MR AND MRS UL-HAG

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

(n) 06-00388-FUL - LAND WEST OF RERESMOUNT PLACE, BROUGHTY FERRY - ERECTION OF TWO STOREY DWELLINGHOUSE WITH INTEGRAL GARAGE - FOR P MACKAY

Thereafter, having considered objections received, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

(o) 06-00569-FUL - 24 FERNIE GARDENS, BROUGHTY FERRY - FIRST FLOOR EXTENSION ABOVE GARAGE - FOR MR AND MRS LOCHERTY

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

(p) 06-00587-FUL - 37 MUIRFIELD ROAD - EXTENSION TO HOUSE - FOR J CABRELLI

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

(q) 06-00527-FUL - 17 MUIRFIELD CRESCENT - EXTENSION TO NORTHEAST AND SOUTHEAST ELEVATIONS OF HOUSE - FOR J LAWRIE

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

(r) 06-00524-FUL - 14A HAYWOOD PLACE - SINGLE STOREY EXTENSION ON SOUTH ELEVATION - FOR J CONWAY

After considering objections received, the Committee refused the application on the grounds that the proposal is contrary to Policy 14 of the Dundee Local Plan 2005 due to the adverse impact on a prominent elevation of the property.

(s) 06-00562-FUL - 41 CROSS STREET, BROUGHTY FERRY - INCREASE HEIGHT OF LOUNGE WINDOWS AND ERECT BALUSTRADE IN FORM OF ARTIFICIAL BALCONY ON WEST ELEVATION - FOR H A DAILLY

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

(t) 06-00464-COU- 67 DALKEITH ROAD - CHANGE OF USE OF ROOM IN DWELLING TO OFFICE - FOR BUDDON LTD

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

(u) 06-00502-COU - 59 TO 61 CONSTITUTION ROAD - CHANGE OF USE OF UPPER LEVEL OF SOLICITORS PRACTICE TO TWO BED FLAT WITH TWO NEW BALCONIES ON WEST ELEVATION - FOR S CAMPBELL

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

(v) 06-00490-COU - 2 UNION STREET - CHANGE OF USE FROM OFFICE PREMISES TO ONE 3 BEDROOM FLAT AND TWO 2 BEDROOM FLATS - FOR ROBERTSON SMITH, SOLICITORS

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

(w) 06-00326-COU - 80 HIGH STREET - CHANGE OF USE ON SECOND AND THIRD FLOOR FROM RETAIL TO OFFICES AND NIGHTCLUB - FOR DAWN DEVELOPMENTS LTD

After considering objections received, the Committee refused the application on the grounds that the proposed development contravenes Policy 52 of the adopted Dundee Local Plan Review 2005 and due to its size, hours of operation and close proximity to residential properties would adversely impact on residential amenity by reason of noise and disturbance. There are no material considerations that would justify approving the application contrary to the Development Plan.

(x) 06-00513-FUL - SITE 5, WILLIAM FITZGERALD WAY - (RESUBMISSION) - FORMATION OF SURFACE WATER RETENTION BASIN - FOR BALDRAGON HOMES LTD

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

(y) 06-00421-FUL - 22 WEST SCHOOL ROAD - INSTALLATION OF FRENCH DOORS WITH STEPS AND DECKED ACCESS - FOR S BARR

Councillor Dick declared a non-financial interest in the above-mentioned application by virtue of being a neighbour of the applicant.

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

(i) the proposed development is considered to be contrary to Policy 1 Vibrant and Sustainable Communities of the Dundee Local Plan Review 2005 as it would be likely to adversely affect the environmental quality enjoyed by local residents by virtue of the impact on the appearance of the building and the privacy enjoyed by adjoining residents. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the terms of the policy; and

(ii) the proposed development, if approved, is likely to create an unacceptable precedent for similar developments in the adjacent and similar buildings, which would have an unacceptable impact on their appearance and the appearance of the surrounding area.

(z) 06-00618-COU - 111 TO 113 CHEVIOT CRESCENT - CHANGE OF USE FROM SANDWICH SHOP TO HOT FOOD TAKEAWAY - FOR J FYFFE

The Committee acceded to requests to address the Committee both in support of and relative to objections to the above-mentioned application. After the deputation had stated their case and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

Thereafter, having considered objections received Councillor Andrew Dawson, seconded by Councillor Roberts, moved refusal of the application on the grounds that,

(i) The proposal is contrary to Policy 53 of the adopted Dundee Local Plan review 2005 in terms of being within 30 metres of residential properties and there are no material considerations to justify granting planning permission,

(ii) the proposal would result in significant potential amenity problems in terms of noise, associated smells and litter, and

(iii) there is the potential for anti-social behaviour to be intensified due to the presence of other hot food takeaways. There are no material considerations to support the view that planning permission should be granted in the face of the provisions of the development plan.

As an amendment, the Convener, seconded by Councillor FitzPatrick, 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 Powrie and Mackie, and Councillors Sturrock, Grant, Mackie, Dick, Andrew Dawson, Roberts, Will Dawson and Webster (11); and for the amendment - the Convener, Councillors Shimi, Keenan, Duncan, FitzPatrick and Barrie (6); Bailies Farquhar, Corrigan and Borthwick and Councillor Scott being absent when the vote was taken - whereupon the motion was declared carried.

(aa) 06-00564-COU - 159 PITKERRO ROAD - CHANGE OF USE FROM RETAIL UNIT TO HOT FOOD TAKEAWAY - FOR G W DAVIDSON

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 and proximity to residential properties.

(bb) 06-00578-COU - 152 ARBROATH ROAD - CHANGE OF USE FROM BETTING SHOP TO HOT FOOD TAKEAWAY - FOR R WINTON

The Committee acceded to a request for a deputation to address the Committee in support of the above 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, Bailie Corrigan, seconded by Lord Provost Letford, moved refusal of the application on the grounds that the proposal is contrary to Policies 1 and 53 of the adopted Dundee Local Plan Review 2005 and taking into account the presence of two existing hot food takeaways in the vicinity, would have a detrimental impact on the amenity of nearby residents in terms of noise, smell, litter and traffic. There are no material considerations that would justify setting aside the policies of the development plan in this instance.

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 Corrigan, Powrie and Borthwick, and Councillor Sturrock, Dick, Andrew Dawson, FitzPatrick, Roberts, Will Dawson and Webster (11); and for the amendment - the Convener, Bailie Mackie and Councillors Shimi, Keenan, Grant, Morrow, Duncan, Barrie and Scott (9); Bailie Farquhar being absent when the vote was taken - whereupon the motion was declared carried.

(cc) 06-00521-COU - 78 TO 88 FINTRY ROAD - CHANGE OF USE FROM VACANT STORE TO HOT FOOD TAKEAWAY - FOR S FARWAR

After considering objections received, Councillor Andrew Dawson, seconded by Councillor FitzPatrick, moved refusal of the application on the grounds that,

(i) the proposal is contrary to Policy 53 of the adopted Dundee Local Plan review 2005 in terms of being within 30 metres of residential properties and there are no material considerations to justify granting planning permission;

(ii) the proposal would result in significant potential amenity problems in terms of noise, associated smells and litter; and

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

(dd) 06-00406-COU - THE ADMIRAL, 95 CAMPERDOWN ROAD - CHANGE OF USE FROM PUBLIC FOOTWAY TO OUTDOOR SEATING AREA - FOR S & N PUB ENTERPRISES

After considering objections received, the Committee refused the application on the grounds that the proposed change of use to an outdoor licensed seating area with awning, screens, heating and lighting is considered to be contrary to Policy 1 "Vibrant and Sustainable Communities" as the area will encourage patrons to gather and the resulting increase in noise will be detrimental to the environmental quality enjoyed by local residents. The installation of the awning will also have a detrimental impact on the appearance of the building. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the Policy.

(ee) 06-00404-FUL - 40 NETHERGATE - ERECTION OF SMOKING GAZEBO - FOR G & B MORRISON

The Committee acceded to a request for a deputation to address the Committee in support of the above 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, Bailie Mackie, seconded by Lord Provost Letford, moved that the application be deferred.

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

On a division, there voted for the motion - Lord Provost Letford, Bailies Powrie and Mackie, and Councillors Dick and Webster (5); and for the amendment - the Convener and Councillors Shimi, Keenan, Sturrock, Grant, Morrow, Duncan, Andrew Dawson, FitzPatrick, Roberts, Barrie and Will Dawson (12); Bailies Farquhar, Corrigan and Borthwick and Councillor Scott being absent when the vote was taken - whereupon the amendment was declared carried.

Thereafter, Councillor FitzPatrick, seconded by Councillor Will Dawson, moved approval of the application subject to the condition that the use of the structure hereby permitted shall cease no later than two years from the date of the permission hereby granted and the structure shall be removed and the site reinstated to the satisfaction of the City Council within a further month of the cessation of the permission, in order to protect the amenities of the occupants/owners of nearby adjacent properties in the locality.

As an amendment, the Convener, seconded by Bailie Powrie, moved refusal of the application on the grounds that:-

(i) the proposal is contrary to Policy 1 "Vibrant and Sustainable Communities" of the Dundee Local Plan Review 2005 as the development would have a detrimental impact on the amenities of local residents by reason of design and layout, traffic and pedestrian movement issues and noise. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy; and

(ii) the proposal is contrary to Policy 61 "Development in Conservation Areas" of the Dundee Local Plan Review 2005 as the development would have a detrimental impact on the appearance of the adjacent listed building and would fail to preserve or enhance the character of the surrounding Conservation Area. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy.

On a division, there voted for the motion - Councillors Keenan, Sturrock, Grant, Duncan, Andrew Dawson, Fitzpatrick, Roberts, Barrie and Will Dawson (9); and for the amendment - the Convener, Lord Provost Letford, Bailies Powrie and Mackie and Councillors Shimi, Morrow, Dick and Webster (8); Bailies Farquhar, Corrigan and Borthwick and Councillor Scott being absent when the vote was taken, whereupon the motion was declared carried.

(ff) 06-00344-FUL - 1 TO 5 SEAGATE - INSTALLATION OF SMALL SMOKING AREA WITH RETRACTABLE CANVAS AWNING ABOVE - FOR BELHAVEN BREWERY CO

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

(gg) 06-00376-COU - 209 BROOK STREET, BROUGHTY FERRY - CHANGE OF USE FROM CLASS 1 RETAIL TO CLASS 2 BETTING OFFICE - FOR LADBROKES PLC

The Committee acceded to a request for a deputation to address the Committee in support of the above-mentioned 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 Convener, seconded by Councillor Webster, moved refusal of the application on the grounds that:-

(i) the proposed change of use would detract from the vitality of Broughty Ferry district shopping centre by introducing a non retail use with a dead frontage at a key location in the retail core area of the centre; and

(ii) the proposed change of use would result in parking and traffic congestion problems, as due to the nature of the use, users of the facility would be likely to park illegally in connection with short visits to the premises in circumstances where there are no parking spaces in the immediate vicinity of the site.

As an amendment, Councillor FitzPatrick, seconded by Councillor Roberts, 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 - the Convener, Lord Provost Letford, and Bailies Powrie and Mackie, and Councillors Shimi, Keenan, Grant, Morrow, Dick, Barrie and Webster (11); and for the amendment - Councillors Sturrock, Duncan, Andrew Dawson, FitzPatrick, Roberts and Will Dawson (6); Bailie Farquhar, Corrigan and Borthwick and Councillor Scott being absent when the vote was taken, whereupon the motion was declared carried.

II PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN272-2006 detailing the undernoted planning appeal decisions.

(a) BELSIZE HOUSE, BELSIZE ROAD, BROUGHTY FERRY, DUNDEE - RETROSPECTIVE CONSENT FOR REPLACEMENT WINDOWS

Reference was made to Article 1(g) of the minute of meeting of this Committee of 29th August, 2005, wherein the above proposal was refused Listed Building Consent because the Council considered that the windows which had been installed detracted from the appearance of the listed building contrary to Section 14 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, the Memorandum of Guidance and Policy 60 of the Dundee Local Plan Review 2005.

It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 18 and Schedule 3 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, and the appeal had been dismissed.

The Committee remitted to the appropriate officers to take formal enforcement action by the service of a Listed Building Enforcement Notice to achieve the replacement of all the unauthorised replacement windows with those of a design and in materials consistent with the originals which were removed all in accordance with the advice contained in the Memorandum of Guidance.

(b) LAND AT FORFAR ROAD, DUNDEE - INSTALLATION OF TELECOMMUNICATIONS MAST AND ASSOCIATED EQUIPMENT

Reference was made to Article I(p) of the minute of meeting of this Committee of 29th August, 2005, wherein the above proposal was refused planning permission because the Council considered that the proposal was contrary to Policy 78 of the Dundee Local Plan Review 2005 and NPPG 29 due to the visual clutter which would be created given two other masts are already located 30m and 70m respectively from the proposal.

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, subject to conditions relating to landscaping and the removal of the apparatus if it ceased to be used for the approval purpose.

Reference was made to the Enforcement Notice issued by the Council on 6th February, 2006 relating to the alleged unauthorised change of use from a house to a house in multiple occupation at the above address. The notice had been served because the purported change of use had an adverse effect on the environmental quality enjoyed by residents as a consequence of parking, traffic movement, impact on pedestrian safety, noise and nuisance.

It was reported that the decision was subsequently appealed by the applicant under the provisions of ground (a) of Section 130(1) of the Town and Country Planning (Scotland) Act 1997 viz that planning permission ought to be granted in respect of the alleged unauthorised change of use.

It was noted that the appeal had been upheld, ie the enforcement notice was quashed and planning permission was granted with a condition specifying that when it is used as a house in multiple occupation no more than 9 residents shall occupy the house, because of the size of the house and in the interests of the amenity of neighbours.

(d) 44A COURT STREET, DUNDEE - CHANGE OF USE TO HOT FOOD TAKEAWAY

Reference was made to Article I(p) of the minute of meeting of this Committee of 31st October, 2005 wherein the above proposal was refused planning permission because the Council considered that the proposal was contrary to Policy 53 of the Dundee Local Plan Review 2005 as there were existing residential properties within 30 metres whose existing amenity would be detrimentally affected and in particular from disturbance due to noise and anti-social behaviour. There were no material considerations which would justify departing from this policy.

(e) 229-235 BROOK STREET, BROUGHTY FERRY, DUNDEE - PROPOSED EXTENSION TO EXISTING SHOP AND CHANGE OF USE OF FIRST FLOOR TO OFFICES

Reference was made to the decision of the Council on 9th December, 2005, under powers delegated to the Director of Planning and Transportation, to refuse planning permission because the Council considered that the proposal would prevent the possibility of a pedestrian access being formed to serve the backland area adjacent to the railway line and to create better linkages to the car park at Queen Street all as set out in the Broughty Ferry Study approved by the Council in December 2000.

(f) GALA CASINO, EARL GREY PLACE, DUNDEE - SCREEN WALL TO FORM A COURTYARD

Reference was made to the decision of the Council on 3rd March, 2006, under powers delegated to the Director of Planning and Transportation, to refuse planning permission because the Council considered that the wall would adversely affect the rectangular design of the building with similar effects on the visual amenity of the area and would adversely affect the amenity of the Green Circular Route to the rear which is an integral part of the National Cycle Network.

(g) CLATTO WATER TREATMENT WORKS, DALMAHOY DRIVE, DUNDEE - ERECTION OF A 29 METRE TELECOMMUNICATIONS MONOPOLE, ANTENNAE AND ASSOCIATED EQUIPMENT

Reference was made to Article I(b) of the minute of meeting of this Committee of 5th December, 2005 wherein the above proposal was refused planning permission because the Council considered that the proposal would have a detrimental effect on the visual amenity of the surrounding 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, subject to a condition relating to the removal of the apparatus when obsolete and the making good of the lighting column for that purpose in order to minimise the level of visual intrusion and to ensure reinstatement to a satisfactory standard.

III FARINGTON HOUSE, FARINGTON STREET

There was submitted Report No 454-2006 by the Director of Planning and Transportation advising the Committee of the Planning Enforcement issues regarding Farington House, 1 Farington Street.

The Committee agreed to note the terms of the report.

IV BUILDING (SCOTLAND) ACT 2003, SECTIONS 29 & 30 DANGEROUS BUILDINGS

There was submitted Report No 441-2006 by the Director of Planning and Transportation, advising the Committee of action taken in dealing with dangerous buildings during the months of May and June 2006.

The Committee noted the terms of the report.

V DEVELOPMENT QUALITY FORUM

It was reported that the next meeting of the Development Quality Forum would take place on Wednesday, 27th September 2006 at 7pm, on the subject of "Telecommunications and Health" and all members were invited to attend.

Rod WALLACE, Convener.

Was This Useful?

Planning Committee (including Former Development Management And Development Quality) - 28/08/2006

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 28th August, 2006.

I PLANNING APPLICATIONS

II PLANNING APPEAL DECISIONS

III FARINGTON HOUSE, FARINGTON STREET

IV BUILDING (SCOTLAND) ACT 2003, SECTIONS 29 & 30 DANGEROUS BUILDINGS

V DEVELOPMENT QUALITY FORUM

Dundee City Council