Planning Committee (including Former Development Management And Development Quality) - 04/12/2006

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 4th December, 2006.

Present:-

BAILIES

COUNCILLORS

Councillor Rod WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 30th October, was held as read.

Unless marked thus * all items stand delegated.

I LOCHEE MASTERPLAN

There was submitted Agenda Note AN388-2006, making reference to Article II of the minute of meeting of the Planning and Transportation Committee of 13th November, 2006, wherein the Committee approved the Draft Development Framework for an integrated land use strategy for Central Lochee.

The Committee noted the terms of the Development Framework and noted that it would be a material consideration in the determination of planning applications for this area.

II TAY HOTEL DEVELOPMENT BRIEF

There was submitted Agenda Note AN389-2006, making reference to Article III of the minute of meeting of the Planning and Transportation Committee of 13th November, 2006 wherein the Committee agreed that the Tay Hotel Development Brief be approved as supplementary planning guidance to the Dundee Local Plan Review 2005.

The Committee noted the terms of the Brief and noted that it would be a material consideration in the determination of planning applications for the site.

III HOUSES IN MULTIPLE OCCUPATION - SUPPLEMENTARY PLANNING GUIDANCE

There was submitted Agenda Note AN390-2006, making reference to Article IV of the minute of meeting of the Planning and Transportation Committee of 13th November, 2006 wherein the Committee approved policies for Houses in Multiple Occupation as supplementary planning guidance to the Dundee Local Plan Review 2006.

The Committee noted the terms of the guidance and noted that it would be a material consideration in the determination of further planning applications.

IV PLANNING APPLICATIONS

(a) 06-01016-FUL - GROVE ACADEMY, 18 CAMPERDOWN STREET, BROUGHTY FERRY - AMENDMENT TO EXISTING PLANNING PERMISSION - FOR ROBERTSON CONSTRUCTION

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

(b) 06-00441-FUL - LAND NORTH OF MID KERRO, KELLAS ROAD - ERECTION OF 27 HOUSES - FOR BETT HOMES

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

(c) 06-00015-FUL - BLACKNESS NURSERY, PERTH ROAD - ERECTION OF 20 DWELLINGHOUSES AND ACCESS ROAD - FOR SIGNATURE HOMES

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 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 4 of the Dundee Local Plan Review 2005 as it fails to comply with the Site Planning Brief which was approved by the City Council in December 2000 and there are no material considerations of sufficient strength to justify the granting of planning permission contrary to the terms of the adopted Brief;

(ii) the proposed development is contrary to Policy 72 Trees and Urban Woodland of the Dundee Local Plan Review 2005 as it fails to have regard to the survival and retention of existing healthy mature trees which are the subject of a Tree Preservation Order by the use of a sensitive site layout and fails to propose a tree planting and landscaping scheme for the replacement of any trees which are proposed to be removed. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the terms of the Policy; and

(iii) the proposed development is contrary to Policy 75 Sustainable Drainage Systems of the Dundee Local Plan Review 2005 as it does not justify principles and the design of the proposed drainage system does not include a Drainage Impact Assessment to demonstrate that the proposed soakaway will not have a detrimental impact on surrounding residents. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the terms of the Policy.

(d) 06-00778-FUL - 55 BURNSIDE STREET - CONVERSION OF FORMER SPORTS HALL TO FORM 30 FLATS WITH PARKING AND LANDSCAPING - FOR BALCRAIG PROPERTIES LTD

Councillor Duncan declared a non-financial interest in this application by virtue of knowing the applicant.

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

(e) 06-00761-LBC - 55 BURNSIDE STREET - CONVERSION OF FORMER SPORTS HALL TO FORM 30 FLATS WITH PARKING AND LANDSCAPING - FOR BALCRAIG PROPERTIES LTD

Councillor Duncan declared a non-financial interest in this application by virtue of knowing the applicant.

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

(f) 06-00802-OUT - LAND TO REAR OF CHARLESTON DRIVE - OUTLINE CONSENT FOR ERECTION OF 15 HOUSES - FOR THE LINDSAY GRAY ALAN BEATON PARTNERSHIP

The Committee acceded to requests which had been received for deputations to address the Committee both in support of and relative to objections to the abovementioned application. After the deputations had stated their cases and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

Thereafter, having considered objections received, Lord Provost Letford, seconded by Councillor Hind, moved refusal of the application on the grounds that (i) the proposed development would be detrimental to residential amenity by virtue of its impact on the privacy and daylight of adjacent occupiers, (ii) the proposed development would be detrimental to road traffic and pedestrian safety, in particular Elmwood Road, and (iii) that the proposed development would be in close proximity to power lines.

As an amendment, the Convener, seconded by Councillor Grant, 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 and Councillors Sturrock and Hind (3), and for the amendment - the Convener, Bailies Farquhar, Wright, Corrigan, Powrie, Mackie and Borthwick, and Councillors Shimi, Keenan, Regan, Grant, Morrow, Macpherson, Dick, Don, Duncan, Beattie, Andrew Dawson, Roberts, Barrie, Webster and Scott (22); whereupon the amendment was declared carried.

(g) 06-00845-FUL - 13 HAWKHILL - DEMOLITION OF EXISTING RESTAURANT AND ERECTION OF NEW RESTAURANT WITH 7 STOREY FLATTED DEVELOPMENT ABOVE - FOR BYZANTIUM

After considering objections received, Councillor Sturrock, seconded by Bailie Borthwick moved refusal of the application on the grounds that the proposed development contravenes Policy 4 (Design of New Housing) of the Dundee Local Plan Review 2005 due to the failure to provide useable private communal garden areas and associated off street car parking within the curtilage of the new building, and that there were no material considerations that would justify the approval of this proposal contrary to this Policy.

As an amendment, the Convener, seconded by Bailie Corrigan 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 Powrie and Borthwick and Councillors Regan, Sturrock, Grant, Hind, Dick, Don, Beattie and Roberts (10); and for the amendment - the Convener, Lord Provost Letford, Bailies Farquhar, Wright, Corrigan and Mackie and Councillors Shimi, Keenan, Morrow, Duncan, Andrew Dawson, Barrie, Webster and Scott (14); Councillor Macpherson being absent when the vote was taken - whereupon the amendment was declared carried.

(h) 06-00879-FUL - 3 BALMYLE ROAD, BROUGHTY FERRY - ERECTION OF NEW DWELLINGHOUSE - FOR R V MERTON

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

(i) the proposed development is contrary to Policies 4 and 15 of the Dundee Local Plan Review 2005 due to its design, its relationship to prevailing densities, the felling of mature trees and the lack of replacement planting. There are no material considerations that would justify a departure to the provisions of the development plan in this instance; and

(ii) the proposed development fails to preserve or enhance the character or appearance of the West Ferry Conservation Area due to the design of the house and the impact on mature trees, and is therefore contrary to Policy 61 of the Dundee Local Plan Review 2005 and the statutory duty set out in Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. There are no material considerations that would justify a departure to the provisions of the development plan in this instance.

(i) 06-00867-FUL - 35 ALBERT ROAD, BROUGHTY FERRY - DEMOLITION OF EXISTING DWELLING AND ERECTION OF NEW DWELLING - FOR MR AND MRS ALEX STEWART

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

(j) 06-00906-FUL - LAND TO SOUTH OF 15 FAIRFIELD ROAD, BROUGHTY FERRY - ERECTION OF DWELLINGHOUSE IN GARDEN GROUND - FOR MR AND MRS E JOHNSTON

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

(i) the proposed development contravenes Policy 15(a) of the adopted Dundee Local Plan Review 2005 because the design of the proposed house is inappropriate for its surroundings, Policy 15(d) because the development does not respect the prevailing densities in the area and the Policy 15(h) and (i) because a tree survey has not been provided and there are no clear proposals for new planting. The failure to comply with these policies results in a development that runs counter to the aims of Policy 15 to protect the architectural appearance and landscape features of low density parts of the city;

(ii) the proposed development seeks to construct a house close to the entrance to "Craigmore" and the gate lodge (also listed) to the south of the site. The removal and pruning of trees and shrubs at this location and the insertion of the proposed new house, whose design is not in keeping with its surroundings, will adversely impact on the entrance driveway to "Craigmore" and the listed lodge house contrary to Policy 55 of the adopted Dundee Local Plan Review 2005 and the Statutory duty set out in Section 59 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997; and

(iii) the impact of inserting a new house at this prominent location and the pruning and felling of trees will have a significant adverse impact on the character and appearance of this part of the conservation area contrary to Policy 61 of the adopted Dundee Local Plan Review 2005 and the Statutory duty set out in Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

(k) 06-00864-FUL - 31 PEEBLES DRIVE - TWO STOREY EXTENSION ON WEST ELEVATION - FOR MR AND MRS SMITH

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

(l) 06-00959-FUL - 16 BROOK STREET, BROUGHTY - EXTENSION ON SOUTH ELEVATION OF DWELLING - FOR MR AND MRS QUINN

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

(m) 06-00970-FUL - 4 SHAFTESBURY PARK - ERECTION OF 2 STOREY EXTENSION ON SOUTH ELEVATION - FOR MS LINDA GOW

Councillor Don declared a non-financial interest in this application by virtue of knowing the applicant.

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

(n) 06-00865-COU - EAST KINGSWAY GARAGE, 172 ARBROATH ROAD - CHANGE OF USE FROM OFFICE SPACE TO MANAGER'S FLAT - FOR METRO MOTORS LTD

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

(o) 06-00871-COU - 41E MAINS LOAN - CONVERSION OF OFFICE STORE TO DWELLINGHOUSE - FOR FORDLANE LTD.

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

(p) 06-00877-FUL - 15 WELLGROVE STREET - ALTERATIONS AND EXTENSIONS TO DWELLING - FOR MR AND MRS D KNIGHT

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

(q) 06-00962-FUL - 6 CAMPFIELD ROAD, BROUGHTY FERRY - RETROSPECTIVE CONSENT FOR CONSERVATORY TO REAR OF HOUSE - FOR BRUCE MERRILEES

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

(r) 06-00927-FUL - FLAT 1, MARCHBANKS, 2 CASTLEROY ROAD, BROUGHTY FERRY - ERECTION OF WOODEN FENCE - FOR ALEXANDER CAIRNIE

Councillor Webster declared a non-financial interest in this application by virtue of knowing the applicant.

After considering objections received, the Committee refused the application on the grounds that the proposed development fails to preserve or enhance the character or appearance of the Reres Hill Conservation Area due to the height of the fence and is therefore contrary to Policy 61 of the Dundee Local Plan Review 2005 and the Statutory duty set out in Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. There are no material considerations that would justify a departure of the development plan in this instance.

(s) 06-00926-FUL - 5 NEVIS PLACE, BROUGHTY FERRY - RETROSPECTIVE ERECTION OF FENCING AND CONSTRUCTION OF TIMBER DECKING - FOR MR & MRS D B ROBERTSON

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

(t) 06-00863-FUL - 13A AND 13B THE ESPLANADE, BROUGHTY FERRY - ERECTION OF DECKING IN GARDEN GROUND - FOR KAREN LANDELS AND FIONA PETERS

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

(u) 06-00917-COU - TAYMILLS, 23 BROWN STREET - CHANGE OF USE FROM OFFICES TO COMMUNITY CENTRE - FOR YUSUF YOUTH INITIATIVE

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

(v) 06-00842-FUL - SAFEWAY STORES PLC, 140-142 ARBROATH ROAD - ERECTION OF SUPERMARKET, 3 RETAIL UNITS, ASSOCIATED CAR PARKING AND ANCILLARY ENGINEERING AND LANDSCAPING WORKS - FOR ALDI STORES LTD

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

(w) 06-00610-FUL - 5A RAGLAN STREET - FORMATION OF BEER GARDEN AND EXTERNAL ALTERATIONS - FOR 67 CLUB

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 the environmental quality enjoyed by local residents due to potential noise disturbance from the application premises. There are no material considerations that would justify approval of the proposal contrary to the development plan.

(ii) the proposal is contrary to Policy 53 of the Dundee Local Plan Review 2005 as the nearest residential properties are within 30 metres of the proposal site and there is potential for an adverse impact on residential amenity due to noise disturbance. There are no material considerations that would justify approval of the proposal contrary to the development plan.

(x) 72-76 MONIFIETH ROAD, BROUGHTY FERRY - FORMATION OF NEW VEHICLE ACCESS ON PANMURE STREET - REMOVAL OF SECTION OF HEDGE AND ERECTION OF NEW FENCE AND GATE - FOR BARNETTS MOTOR GROUP

This item was withdrawn.

(y) 06-00875-FUL - 215 BLACKNESS ROAD - EXTENSION TO SANDWICH SHOP - FOR MR KASHMIRI

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

V DEVELOPMENT QUALITY SERVICE - CUSTOMER SATISFACTION SURVEY RESULTS 2006

There was submitted Report No 562-2006 by Director of Planning and Transportation advising the Committee of the results of a customer satisfaction survey in respect of the Council's development quality service which was undertaken between May and July 2006 and seeking approval for appropriate improvements to the operation of the service as indicated in the report.

The Committee agreed:-

(a) to note the content of the report and agree with the recommended actions as outlined in Appendices 1 and 2 to the report; and

(b) that the report and a full statistical summary of responses be made available on the Council's website.

VI VILLAGE 1, WESTERN GATEWAY, DUNDEE

There was submitted Agenda Note AN391-2006, making reference to Article II of the minute of meeting of this Committee of 27th October, 2003 wherein a proposed development of 270 houses, a 60 bed retirement home, associated access, services and landscaping was approved by the Committee subject to the recording of a Section 75 Agreement between the Council and all parties with appropriate interests in the land in respect of various off-site works and subject to a number of planning conditions.

The Heads of Agreement for the Section 75 included off-site road improvements to Dykes of Gray Road and the Swallow Roundabout; off-site footway linkages to adjacent sites; the provision of off-site flood compensation storage areas; the payment by the developer of contributions for improved education provision in the area; the payment of contributions for the creation of a Western Village Recreation Park within the Western Gateway and the future use and maintenance of open space and woodland. The Section 75 Agreement has not yet been concluded and, in the interim, there had been considerable discussions with the developer on the details of many technical issues.

It was reported that in order to facilitate improvements to the Swallow Roundabout, financial contributions at a defined rate per dwelling were now being sought from all developers of greenfield sites in the Western Gateway. In all other respects the relevant planning circumstances surrounding the decision of 27th October were not materially changed.

Accordingly, in the remaining discussions on the finalisation of the Section 75 Agreement for Village 1 and, in order to release the planning permission, the Committee approved the inclusion, in the Heads of Agreement, for the Section 75 Agreement, the payment of a pro rata financial contribution of 3,500 per dwelling in the development of Village 1 to facilitate improvements to the Swallow Roundabout.

VII PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN387-2006 advising the Committee of the undernoted planning appeal decisions:-

(a) BROUGHTY FERRY BOWLING CLUB, 36 ALBERT ROAD, BROUGHTY FERRY, DUNDEE - ERECTION OF 14.2 METRE TELECOMS MONOPOLE (DISGUISED AS A FLAGPOLE)

Reference was made to Article I(a) of the minute of meeting of this Committee of 23rd January, 2006 wherein the above proposal was refused planning permission because the Council considered that there was no justification for the proposal in this residential area and close to sensitive land uses contrary to Policy 78 of the Dundee Local Plan Review 2005; and due to its height and location the mast would detract from the visual amenity of the conservation area contrary to Policy 61 of the Dundee Local Plan Review 2005.

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 had been upheld with a non-standard condition relating to the removal of the installation should it become redundant in future.

(b) LAND AT CORNER OF LAW CRESCENT AND KINPURNIE PLACE, DUNDEE - ERECTION OF 18 DWELLINGHOUSES

Reference was made to Article I(i) of the minute of meeting of this Committee of 24th April, 2006 wherein the above proposal was refused planning permission (contrary to the recommendations of the Director of Planning and Transportation) because the Council considered that the adjacent roads of Kenmore Terrace and Killin Avenue were narrow and that existing parking and access difficulties would be made worse (Policy 1 of the Dundee Local Plan Review 2005); and such a high density of development would be inconsistent within this area of relatively lo density housing (Part B of Policy 4 of the Dundee Local Plan Review 2005).

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 had been upheld with a range of conditions relating to landscaping, materials, samples, enclosures, refuse storage, management of construction traffic and the investigation of potential ground contamination.

It was further reported that the appellant had claimed an award for expenses against the Council and was successful.

However, it was the view of the Depute Chief Executive (Support Services) that the Reporter may have erred in several respects as regards his findings on expenses, and a letter of complaint requesting a review had been sent to the Scottish Executive.

The Committee noted accordingly.

(c) LAND TO EAST OF KING'S CROSS ROAD, DUNDEE - ALLEGED UNAUTHORISED INSTALLATION OF LIGHTING COLUMNS, ACCESS ROAD AND CAR PARKING AND EARTH BUNDING

It was reported that on 27th April, 2005 the Council had served an Enforcement Notice relating to the above alleged unauthorised works.

The decision was subsequently appealed by the applicant under the provisions of Grounds (a) and (c) Section 130(1) of the Town and Country Planning (Scotland) Act 1997, and had been dismissed. The terms of the Enforcement Notice which required the removal of the lighting columns and services; removal of the earth bunding and reinstatement of levels and reseeding; and the removal of the partly constructed access road and parking area together with reinstatement and reseeding remain unaltered, the timescale for compliance is 90 days from the date of the appeal decision.

Rod WALLACE, Convener.