Planning Committee (including Former Development Management And Development Quality) - 25/09/2006

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 25th September, 2006.

Present:-

BAILIES

COUNCILLORS

Councillor Rod WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 28th August, 2006 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 06-00381-FUL - LAND TO WEST OF OLD KINGS CROSS ROAD - INSTALLATION OF TELECOMMUNICATIONS MAST AND EQUIPMENT - FOR VODAFONE LTD

After considering objections received, Councillor Farquhar, seconded by Lord Provost Letford, moved refusal of the application on the grounds that the proposed development would have an unacceptable adverse impact on the area by virtue of the scale, design and proliferation of the structures.

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, Mackie and Borthwick, and Councillors Shimi, Sturrock, Hind, Morrow, Don, Duncan, Andrew Dawson, Fitzpatrick, Roberts, Barrie, Will Dawson, Farquhar and Webster (19); and for the amendment - the Convener and Councillors Keenan, Grant and Scott (4), whereupon the motion was declared carried.

(b) 06-00632-FUL - LAND NORTH OF NAUGHTON PLACE, GLAMIS ROAD - INSTALLATION OF TELECOMMUNICATIONS MONOPOLE AND EQUIPMENT FOR HUTCHISON 3G LTD

After considering objections received, Bailie Powrie, seconded by Councillor Duncan, moved refusal of the application on the grounds that the proposed development would be detrimental to the amenity of the surrounding area and the siting of the proposed development on the footway would be detrimental to pedestrian safety.

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, Mackie and Borthwick and Councillors Keenan, Sturrock, Hind, Morrow, Duncan, Andrew Dawson, Fitzpatrick, Roberts, Barrie, Will Dawson, Fordyce and Webster (18); and for the amendment - the Convener and Councillor Scott (2), Councillors Shimi and Grant being unable to vote as they had been absent during part of the proceedings and Councillor Don declining to vote; whereupon the motion was declared carried.

(c) 06-00448-FUL - CLATTO BARNS WORKSHOP, DALMAHOY DRIVE - INSTALLATION OF TELECOMMUNICATIONS MONOPOLE AND EQUIPMENT - FOR 02 (UK) LTD

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

(i) the proposed development is contrary to Policy 78: Location of Telecommunications Equipment of the Dundee Local Plan Review 2005 as the operator has failed to demonstrate to the satisfaction of the City Council that mast share is not a feasible proposition and the addition of a third mast in this location will have an unacceptable adverse environmental impact on the area by reason of the scale, design and proliferation of the structures. 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 is contrary to the supplementary guidance approved as a non-statutory policy as part of Policy 78: Location of Telecommunications Equipment of the Dundee Local Plan Review 2005. The operator has failed to demonstrate to the satisfaction of the City Council that mast share is not a feasible proposition and the addition of a third mast in this location will have an unacceptable adverse environmental impact on the area by reason of the scale, design and proliferation of the structures.

(d) 06-00612-FUL - LINLATHEN HIGH SCHOOL, BALLOCHMYLE DRIVE - PROPOSED FOODSTORE AND PETROL FILLING STATION WITH ASSOCIATED CAR PARKING AND ROAD ALTERATIONS TO CREATE NEW ACCESS TO THE DEVELOPMENT SITE AND DEMOLITION OF EXISTING RESIDENTIAL APARTMENT BLOCK - FOR WM MORRISON SUPERMARKETS PLC

Councillor Andrew Dawson declared a financial interest in the above application by virtue of being the owner/occupier of a house in the vicinity of the proposed development and Councillor Roberts declared a non-financial interest by virtue of the fact that she resided in the vicinity of the proposed development and could be affected by the possible increased volume of traffic. Both members left the room during consideration of this item.

The Committee acceded to requests for deputations to address the Committee both in support of and relative to objections to the application. After each 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 Scott moved approval of the application subject to the conditions recommended by the Director of Planning and Transportation but with the undernoted amendments to conditions (9) and (28):-

(9) No part of the development shall commence trading until all of the approved on-site and off-site road improvements have been completed to the satisfaction of the Council;

This shall include:-

(a) All works required for the proposed traffic signal junctions at Forfar Road/Kingsway, Forfar Road/Claverhouse Road/Fountainbleau Drive and any other measures deemed appropriate by the Director of Planning and Transportation on the surrounding local road network in the interests of pedestrian and traffic safety, must be designed and built to Dundee City Council and Scottish Executive specifications.

(b) Connection between the traffic signals referred to in (a) above and Dundee City Council's Urban Traffic Control system.

(c) The provision of CCTV to Dundee City Council specifications at locations to be agreed as part of the detailed design which must be functioning prior to the traffic signal junctions becoming operational.

(d) Pedestrian crossings on Honeygreen Road and Glenconnor Drive.

(28) The recommendations of the Travel Plan shall be fully implemented within 5 years of the store opening and reviewed after 5 years of operation;

together with the undernoted additional conditions:-

(30) Prior to the occupation of any part of the proposed development infrastructure modifications to the A90 Claverhouse Roundabout, and generally as indicated on Colin Buchanan and Partners Drawing Number CB-93981-01-001-D, shall be completed to the satisfaction of the Planning Authority, in consultation with Transport Scotland Trunk Road Network Management Directorate;

(31) Prior to the occupation of any part of the proposed development infrastructure modifications to the A90 Kingsway/Forfar Road Double Roundabouts, and generally as indicated on Colin Buchanan and Partners Drawing Number CB-93981-01-002, shall be completed to the satisfaction of the Planning Authority, in consultation with Transport Scotland Trunk Road Network Management Directorate;

(32) The traffic signals associated with the works indicated in Conditions 1 and 2 shall incorporate either MOVA control, or other approved means of dynamic control and queue detection, to the satisfaction of the Planning Authority, in consultation with Transport Scotland Trunk Road Network Management Directorate;

(33) No part of the development shall be occupied until either infrastructure modifications to the Kingsway/Pitkerro Road Roundabout, and generally as indicated on Figure 8.7 of the Colin Buchanan and Partners Transport Assessment dated June 2006, shall be completed, or a financial contribution equivalent to the cost of implementing these works has been made towards public transport facilities in the area, to the satisfaction of the Planning Authority, in consultation with Transport Scotland Trunk Road Network Management Directorate;

(34) No direct vehicular access to the site from the A90 Forfar Road shall be permitted during either the construction or operational phase of the development unless otherwise agreed in writing with the Planning Authority in consultation with Transport Scotland Trunk Road Network Management Directorate;

(35) No direct vehicular access to the site from the A90 Forfar Road shall be permitted during either the construction or operational phase of the development unless otherwise agreed in writing with the Planning Authority in consultation with Transport Scotland Trunk Road Network Management Directorate;

(36) Prior to the occupation of any part of the development a scheme for the upgrading of the pedestrian underpass beneath the A90 Forfar Road shall be approved and implemented to the satisfaction of the Planning Authority, in consultation with Transport Scotland Trunk Road Network Management Directorate;

(37) Prior to the occupation of any part of the development a comprehensive Travel Plan, generally in accordance with the framework contained in the Colin Buchanan and Partners Transport Assessment dated June 2006, that sets out proposals for reducing the dependency on the private car shall be submitted to and approved in writing by the Planning Authority, after consultation with Transport Scotland Trunk Road Network Management Directorate. The Travel Plan will require to be implemented within 5 years of the store opening, maintained for a minimum of 5 years and reviewed after 5 years of operation. The Plan will include, inter alia;

7          Details of proposed pedestrian and cycle infrastructure within the site and connections to the existing networks;

7          Details of cycle parking provision and location within the site;

7          Details of proposed measures to improve public transport facilities, including measures to identify potential demand for re-routing services through the site;

7          Details of initiatives such as car share schemes and flexible working;

7          Details of employee locker and shower facilities;

7          Details of travel information to be provided within the site;

7          Details of car parking provision and management;

7          Details of mode share targets and details of the proposed monitoring schedule and reporting procedures; and

7          Details for the management of the travel plan identifying the persons responsible for implementation;

in order to minimise interference with the safety and free flow of traffic on the trunk road, and to be consistent with the requirements of SPP17 and PAN75; and

(38) Details of the recycling facilities within the proposed development site 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, in order to ensure the site has adequate waste recycling provision, in the interests of the amenity of the area.

As an amendment, Bailie Borthwick, seconded by Councillor Fordyce, moved refusal of the application on the grounds that the proposed development would result in an overprovision of supermarket facilities in the City.

On a division there voted for the motion - the Convener, Lord Provost Letford, Bailies Farquhar, Wright, Powrie and Mackie and Councillors Shimi, Keenan, Sturrock, Grant, Hind, Morrow, Don, Duncan, Fitzpatrick, Barrie, Will Dawson, Webster and Scott (19); and for the amendment - Bailie Borthwick and Councillor Fordyce (2), Councillors Roberts and Dawson being absent when the vote was taken - whereupon the motion was declared carried.

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

(e) 06-00425-FUL - LAND NORTHWEST OF O'NEILL TERRACE, NORTH OF BRIDGEND STREET - ERECTION OF 53 RESIDENTIAL UNITS - FOR H & H PROPERTIES LIMITED

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, it was thanked for its 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, together with an additional condition (6), that an additional twelve car parking spaces, within or adjacent to the application site, shall be provided at the applicant's expense. Details of these additional car parking spaces shall be provided to the Council for approval before any development commences on site and if approved the development shall be carried out only in full accordance with such approved details and be available for use prior to the occupation of the first dwelling hereby approved; in order to ensure that sufficient car parking spaces are available for existing and future residents in the area.

(f) LAND TO NORTH AND SOUTH OF DONALDS LANE - ERECTION OF 36 DWELLINGHOUSES - FOR H & H PROPERTIES LTD

This item was deferred.

(g) 06-00602-FUL - 40 ARTHURSTONE TERRACE - DEMOLITION OF EXISTING BUILDINGS AND ERECTION OF 4 TOWNHOUSES AND 4 FLATS - FOR BBK ASSOCIATES

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

(h) 23 SEAFIELD ROAD, BROUGHTY FERRY - CHANGE OF USE FROM CLASS 10 USE AND GARDEN TO 2 APARTMENTS AND ERECTION OF DWELLING IN GARDEN GROUND WITH NEW ACCESS TO DAVIDSON STREET - FOR A CRUICKSHANK

This item was withdrawn.

(i) 23 SEAFIELD ROAD, BROUGHTY FERRY - ALTERATIONS TO SUBDIVIDE PROPERTY INTO TWO APARTMENTS - FOR A CRUICKSHANK

This item was withdrawn.

(j) 06-00615-FUL - 6 BUGHTIES ROAD, BROUGHTY FERRY - EXTENSION TO HOUSE INCLUDING RAISING ROOF LEVEL, EXTENDED BALCONY AND THIRD STOREY ACCOMMODATION - FOR A CRUICKSHANK

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

(k) 06-00704-FUL - 77/79 AND 81/83 ANN STREET - PROPOSED CONVERSION OF SHOP UNITS INTO 3 FLATS - FOR MRS K LACKIE

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

(l) 06-00634-FUL - 26 BALLUMBIE GARDENS - SINGLE STORY EXTENSION TO SOUTH AND WEST FORMING BEDROOM - SUN LOUNGE - FOR MR AND MRS GLOAG

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

(m) 06-00616-FUL - 18 PANMURE STREET - ERECTION OF CONSERVATORY ON SOUTH ELEVATION - FOR ALEX KYDD

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

(n) 06-00444-FUL - 9 COLLISTON DRIVE - ALTERATIONS AND EXTENSION TO THE WEST ELEVATION TO CREATE A UTILITY ROOM AND FAMILY AREA - FOR PAUL MILLS

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

(o) 06-00549-COU - 363 BROOK STREET, BROUGHTY FERRY - CHANGE OF USE FROM DOUBLE GARAGE TO COOKERY SCHOOL - FOR MR COLLISTON

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

(p) 06-00747-FUL - BALLUMBIE ESTATE PHASE 7B, BERWICK DRIVE - CHANGE OF HOUSE TYPES ON PLOTS 111 AND 112 TO INCORPORATE LARGE BALCONIES - FOR D J LAING HOMES LTD

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

(q) 06-00621-COU - 77 AND 79 STRATHMARTINE ROAD - CHANGE OF USE OF TWO RETAIL UNITS TO BETTING OFFICE FOR LADBROKES PLC

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

(r) 06-000480-FUL - KINGSWAY WEST FILLING STATION, KINGSWAY WEST - ERECTION OF NEW SHOP AND EXTENSION TO CANOPY - FOR BP OIL (UK) LTD

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

(s) 05-01049-FUL - ESSO FILLING STATION ERECTION OF RETAIL UNIT INCLUDING FAST FOOD TAKEAWAY - FOR GLENNIFER DEVELOPMENTS LTD

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

(i) the proposal is contrary to the provisions of Town Centres and Retailing Policy 4 (Out of Centre Retailing) of the Dundee Angus Structure Plan 2001-2016 as it fails to meet any of the criteria of that Policy. There are no material considerations that would justify departing from the policies of the development plan in this instance;

(ii) the proposal is contrary to the provisions of Policy 42 (Local Shopping) of the Dundee Local Plan Review 2005 as it fails to meet the criteria of that Policy. There are no material considerations that would justify departing from the policies of the development plan in this instance;

(iii) the proposal is contrary to the provisions of Policy 45 (Location of New Retail Developments) of the Dundee Local Plan Review 2005 as it fails to meet the criteria of that Policy. There are no material considerations that would justify departing from the policies of the development plan in this instance; and

(iv) the proposal would result in the establishment of a hot food takeaway within 30 metres of existing housing, contrary to the provisions of Policy 53 of the Dundee Local Plan Review 2005. There are no material considerations that would justify departing from the policies of the development plan in this instance.

(t) 06-00352-FUL - 133 ALBERT STREET - INSTALLATION OF AIR CONDITIONING SYSTEM INCLUDING CONDENSERS TO EXTERNAL WALL FOR ROYAL BANK OF SCOTLAND PLC

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

(u) 17 BALGRAY STREET - OUTDOOR EXTENSION OF CLUB TO FORM SOCIAL AND DESIGNATED SMOKING AREA - FOR FAIRMUIR SOCIAL CLUB

This item was deferred.

(v) 05-00517-FUL - LAND WITHIN SOUTH ROAD RETAIL AREA, SOUTH ROAD - PROPOSED SUPERMARKET, PETROL FILLING STATION, CAR PARKING AND ASSOCIATED WORKS - FOR TESCO STORES LTD

The Convener declared a non financial interest in this item by virtue of the fact that a member of his family worked for Tesco Stores Ltd, and he vacated the Chair in favour of Councillor Scott, and left the room during consideration of this item.

After considering objections received, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation, and the undernoted additional conditions:-

(18) the use of a compactor shall be limited to between 0800 to 2000 hours Monday to Saturday and 0900 to 2000 on Sundays;

(19) the testing of all standby generators shall only take place between 0900 to 2000 hours Monday to Saturday; and

(20) details of the recycling facilities within the proposed development site 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;

in the interests of residential amenity and to comply with the Council's standards for the control of night-time noise, and in order to ensure the site has adequate waste recycling provision in the interests of the amenity of the area.

II DEVELOPMENT QUALITY COMMITTEE - DEPUTATIONS

There was submitted Agenda Note AN273-2006 outlining the current practice for dealing with deputations at the Development Quality Committee, and proposing a change to the policy.

The Committee agreed not to hear any request for a deputation unless it both related to an objection competently and timeously lodged by the deputation and had been timeously made five clear working days before the meeting and agreed that the Policy and Resources Committee be asked to amend Standing Order 28(1) to read:-

"All applications requesting the Council to receive a deputation shall be in writing, duly signed, addressed and, where possible, delivered to the Chief Executive at least five clear working days prior to the date of the meeting at which the subject may be considered. Any later requests for deputations to be received shall be reported to the meeting and shall be dealt with in accordance with the provisions of the remainder of this Standing Order, except in the case of the Development Quality Committee where no later requests for deputations will be considered or reported."

III 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 urged to attend.

Rod WALLACE, Convener.