Planning Committee (including Former Development Management And Development Quality) - 30/10/2006

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 30th October 2006.

Present:-

BAILIES

COUNCILLORS

Councillor Rod WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 25th September 2006 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 06-00703-FUL - LAND AT FORMER TAY ROPE WORKS, MAGDALEN YARD ROAD - RESIDENTIAL DEVELOPMENT COMPRISING OF SEVEN FLATS TO SOUTH, FOUR FLATS TO NORTH AND FOUR HOUSES, AND ENVIRONMENTAL IMPROVEMENTS TO BOUNDARY WALLS - FOR DUNCARSE LIMITED

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, it was thanked for its attendance and withdrew.

Thereafter, having considered objections received, Councillor Macpherson, seconded by Bailie Powrie, moved refusal of the application on the grounds that:-

(i) the proposed development is contrary to Policy 61 of the Dundee Local Plan Review 2005 in that the proposals neither preserve or enhance the character of the surrounding area in terms of design principles and use of materials. The proposal also fails to complement existing buildings in terms of height, mass and colour. There are no material considerations which justify the grant of planning permission contrary to the terms of this policy;

(ii) the proposed development will have a detrimental effect on existing traffic and pedestrian flows;

(iii) the proposed development is contrary to Policy 4 of the Dundee Local Plan Review 2005 in that the proposals fail to meet the terms of the policy in respect of the proportion of flats proposed as opposed to houses and that the proposals represent town cramming which is neither necessary or desirable. There are no material considerations which justify the grant of planning permission contrary to the terms of this policy;

(iv) it is considered that the development will lead to an unacceptable degree of overshadowing particularly in respect of the northmost block; and

(v) the proposed development is contrary to Policy 6 of the Dundee Local Plan Review 2005 in that the proposal fails to incorporate open space as required by this policy. There are no material considerations which justify the grant of planning permission contrary to the terms of this policy.

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

On a division, there voted for the motion - Lord Provost Letford, Bailies Farquhar and Powrie, Councillors Sturrock, Macpherson, Dick, Duncan, Barrie, Will Dawson, Fordyce and Webster (11); and for the amendment - the Convener, Bailies Wright and Mackie, and Councillors Keenan, Hind, Morrow, Beattie, Sawers and Scott (9), Councillor Don declining to vote as he had been absent during part of the proceedings - whereupon the motion was declared carried.

(b) 06-00019-LBC - 61 MAGDALEN YARD ROAD - PARTIAL DEMOLITION OF FACADE AND REDEVELOPMENT WITHIN FRONTAGE OF PROPOSED RESIDENTIAL FLATS - FOR DUNCARSE LIMITED

After considering objections received, Councillor Macpherson, seconded by Councillor Powrie, moved refusal of the application on the grounds that the proposed development is contrary to Policy 60 of the Dundee Local Plan Review 2005 in that the proposal fails to have regard to the preservation or enhancement of the architectural or historic character of the area. There are no material considerations which justify the grant of planning permission contrary to the terms of this policy.

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

On a division, there voted for the motion - Lord Provost Letford, Bailie Powrie and Councillors Sturrock, Macpherson, Dick, Duncan, Barrie, Will Dawson and Fordyce (9); and for the amendment, the Convener, Bailies Farquhar, Wright and Mackie and Councillors Keenan, Hind, Morrow, Beattie, Sawers, Webster and Scott (11), Councillor Don declining to vote as he had been absent during part of the proceedings - whereupon the amendment was declared carried.

(c) 06-00783-REM - LAND SOUTH OF SOUTH VICTORIA DOCK ROAD - APPROVAL OF RESERVED MATTERS

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

(d) 06-00769-FUL - TAYSIDE PRINTING WORKS, 14 LONG WYND - DEMOLITION OF EXISTING PRINT WORKS AND ERECTION OF NEW OFFICE BUILDING - FOR DUNDEE CITY COUNCIL

The Committee acceded to a request for a deputation to address the Committee relative to objections to 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, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

(e) 06-00767-CON - TAYSIDE PRINTING WORKS, 14 LONG WYND - DEMOLITION OF PRINT WORKS AND ANNEX TO REAR - FOR DUNDEE CITY COUNCIL

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

(f) 06-00846-COU - 48 THOMSON STREET - CHANGE OF USE FROM GARAGE/WORKSHOP TO OFFICE - FOR ARCHID

After considering objections received, Councillor Macpherson, seconded by Councillor Dick, moved refusal of the application on the grounds that -

(i) the proposed change of use is inappropriate in a residential area; and

(ii) the proposed development is contrary to Policy 61 of the Dundee Local Plan Review 2005 in that the proposals neither preserve or enhance the character of the surrounding area and there are no material considerations which justify the grant of planning permission contrary to the terms of this policy.

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

On a division, there voted for the motion - Bailie Powrie and Councillors Macpherson and Dick (3), and for the amendment - the Convener, Lord Provost Letford, Bailies Farquhar, Wright and Mackie and Councillors Keenan, Sturrock, Hind, Morrow, Don, Duncan, Beattie, Sawers, Barrie, Will Dawson, Fordyce, Webster and Scott (18) - whereupon the amendment was declared carried.

(g) 06-00757-COU - 46 THOMSON STREET - CHANGE OF USE FROM FIVE BEDROOM TO SEVEN BEDROOM HMO - FOR JAMAL PROPERTY WORLD

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, the Committee refused the application on the grounds that -

(i) the proposed change of use is contrary to Policy 1 - Vibrant and Sustainable Communities of the Dundee Local Plan Review 2005 as the development does not accord with other policies in the Plan and does not minimise the effect on the environmental quality enjoyed by local residents by virtue of parking and traffic movement issues. 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 change of use is contrary to Policy 11 - Houses in Multiple Occupation of the Dundee Local Plan Review 2005 as the development does not comply with criteria (b) and (c) relating to the impact of increased parking pressures on traffic or pedestrian safety and residential amenity or with criteria (d) with regard to the resulting excessive concentration of such uses to the detriment of the character of the local area. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the terms of the policy.

(h) 06-00597-ADV - 119 CLEPINGTON ROAD - ERECTION OF 6.9M HIGH FREE-STANDING SIGN FOR RETAIL UNITS - FOR UNILEVER PENSION FUND TRUSTEES LIMITED

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

(i) 06-00753-LBC - 36 BINGHAM TERRACE - RE-SLATING OF ROOF - FOR MR AND MRS CREEGAN

Councillor Morrow declared a non-financial interest in this item by virtue of being a friend of the applicant, and left the room during consideration of the application.

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

(j) 06-00795-FUL - 14 STRATHSPEY PLACE - FIRST FLOOR EXTENSION TO WEST ELEVATION OF HOUSE - FOR MR MOHAMMED AKHTAR

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

(k) 06-00827-FUL - 3B CASTLE TERRACE, BROUGHTY FERRY - ERECTION OF GARDEN SHED AND TIMBER FENCE - FOR SARAH GLYNN

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

(l) 06-00782-FUL - 128 HAWICK DRIVE - ERECTION OF TWO STOREY EXTENSION TO SOUTH ELEVATION AND SINGLE STOREY TO WEST ELEVATION FOR MRS W McGONAGALL

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

(m) 06-00775-ADV - LAND SOUTH OF THE TOLL HOUSE, KELLAS ROAD - ERECTION OF SIGNAGE - FOR MILLER HOMES LIMITED

After considering objections received, the Committee refused the application on the grounds that an additional sign at this location would have an adverse impact on amenity, and in particular the visual amenity enjoyed by the occupiers of the cottage to the north west of the site, contrary to the provisions of Section 182 of the Act and paragraph 4 of The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984.

(n) 06-00411-FUL - 77 TO 79 KING STREET, BROUGHTY FERRY - INSTALLATION OF TWO FULLY RETRACTABLE AWNINGS - FOR S & N PUB ENTERPRISES

After considering 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 Policy 61 of the Dundee Local Plan Review 2005 due to the adverse visual impact on the character of the conservation area. There are no material considerations that would justify approval of the application contrary to the Development Plan.

(o) 100-108 COMMERCIAL STREET - INSTALLATION OF DECKING AND RETRACTABLE AWNING - FOR S & N PUB ENTERPRISES

This item was withdrawn.

(p) 100-108 COMMERCIAL STREET - INSTALLATION OF DECKING AND RETRACTABLE AWNING (LISTED BUILDING CONSENT)

This item was withdrawn.

(q) 06-00643-FUL - OUTDOOR EXTENSION OF CLUB TO PROVIDE SOCIAL AND DESIGNATED SMOKING AREA - FOR FAIRMUIR SOCIAL CLUB

After considering 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 potential adverse impact on residential amenity due to noise disturbance. There are no material considerations that would justify approval of the application contrary to the Development Plan.

(r) 06-00760-FUL - THE JIMMY SHAND, DICKSON AVENUE - EXTERNAL DECKED NON-LICENSED SMOKING AREA TO THE FRONT OF THE PREMISES - FOR PUNCH PUB COMPANY

After considering objections received, the Committee refused the application on the grounds that the proposed decking area fails to comply with Policy 1 Vibrant and Sustainable Communities of the Dundee Local Plan 1995 by reason of the increased noise impact to neighbours. There are no other material considerations which would support the granting of planning permission contrary to this policy.

(s) 06-00765-COU - 117 STRATHMARTINE ROAD - CHANGE OF USE FROM COMMUNAL GARDEN GROUND TO REAR OF PREMISES TO SEATED SMOKING AREA AND CREATION OF ACCESS LINK FROM PUBLIC BAR TO SNACK BAR - FOR PUNCH PUB COMPANY

After considering objections received, the Committee refused the application on the grounds that the proposed change of use to an outdoor seated smoking area with jumbrella and fencing is considered to be contrary to Policy 1 "Vibrant and Sustainable Communities" of the Dundee Local Plan Review 2005 as the area will encourage patrons to gather and the resulting increase in noise and loss of amenity space will be detrimental to the environmental quality enjoyed by local residents. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to local plan policy.

II 7 UNION TERRACE, DUNDEE - PROPOSED CHANGE OF USE FROM FIVE PERSON HMO TO A SEVEN PERSON HMO IN GROUND FLOOR FLAT

There was submitted Agenda Note AN345-2006, making reference to Article 1(r) 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 was contrary to Policies 1 and 11 of the Dundee Local Plan Review 2005.

It was reported that the decision had been 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 dismissed.

III ERECTION OF 39 DWELLINGHOUSES ON LAND EAST OF LINLATHEN HOUSE LODGE, ARBROATH ROAD, BROUGHTY FERRY

There was submitted Agenda Note AN346-2006, making reference to Article 1(h) of the minute of meeting of this Committee of 31st October 2005 wherein the Council resolved to grant planning permission for the above development subject to conditions and the conclusion of a Section 75 legal agreement relating to the provision of offsite works, contributions towards education provision, the maintenance of open spaces and the restoration of Linlathen West Bridge. In addition, it was necessary for the application to be referred to Scottish Ministers due to the contravention of the development plan and the fact that the Council owned part of the site.

It was reported that in February 2006 the Scottish Ministers had directed that the application be referred to them for determination.

The application had thereafter been considered on the basis of written submissions and a site inspection held on 20th July 2006. The Reporter's findings, conclusions and recommendations were submitted to Scottish Ministers on 1st August 2006. The decision of Scottish Ministers to concur with the Reporter's recommendation that planning permission be granted with conditions, was received by the Council on 4th October 2006.

The Reporter concluded (and Scottish Ministers agreed) that although the proposals offended both the Structure Plan and the Local Plan Review this was counterbalanced by other material considerations viz the additional land supply would supplement shortfalls elsewhere and that other structure plan policies would not be undermined. The reporter was also satisfied that local or site specific difficulties could be satisfactorily surmounted.

In granting planning permission a total of 13 conditions were added reflecting those sought by the Council. However, the Reporter considered that he could not "safely advise" Scottish Ministers that contributions in support of local education provision should be sought through the Section 75 Agreement mechanism. As an alternative, he advised that the Council had an opportunity to revisit this matter in negotiations in respect of the small part of the site which it owns. Scottish Ministers accepted this view. The other matters forming the heads of legal agreement had been included within conditions.

The Committee noted accordingly and in particular noted the decision to refer the matter of education contributions to the Director of Economic Development to pursue in the manner indicated by the Reporter.

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

There was submitted Report No 597-2006 by the Director of Planning and Transportation detailing action taken in dealing with dangerous buildings during the months of July and August.

The Committee noted the contents of the report.

Councillor Rod WALLACE.