Planning Committee (including Former Development Management And Development Quality) - 22/01/2007

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 22nd January, 2007.

Present:-

BAILIES

COUNCILLORS

Councillor Rod WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 4th December, 2006 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 06-00946-FUL - LAND WEST OF YEAMANS LANE - ERECTION OF 51 DWELLINGHOUSES FOR HILLCREST HOUSING ASSOCIATION

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

(b) 06-01033-FUL - LAND ADJACENT TO CRAIGMOUNT ROAD, CRAIGMOUNT TERRACE AND CRAIGMOUNT AVENUE - ERECTION OF 47 RESIDENTIAL UNITS FOR MARGARET BLACKWOOD HOUSING ASSOCIATION

After considering objections received, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation and subject to the application being referred to the Scottish Ministers due to the Council having a financial interest in this site and also due to the volume of objections received.

(c) 06-00976-FUL - LAND TO EAST AND WEST OF BALERNO PLACE - ERECTION OF 41 DWELLINGHOUSES FOR HOME IN SCOTLAND

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

(d) 06-00968-COU - CLOCKTOWER WAREHOUSE; CAMPERDOWN STREET - CHANGE OF USE FROM STORAGE TO TEN FLATS FOR LINDORES LIMITED

The Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation and also subject to a Section 75 Agreement being entered into to prohibit the development's use as a House in Multiple Occupation.

(e) 06-00969-LBC - CLOCKTOWER WAREHOUSE, CAMPERDOWN STREET - CHANGE OF USE FROM VACANT STORAGE TO 12 FLATS INCLUDING ELEVATIONAL ALTERATIONS

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

(f) LAND NORTH OF REID SQUARE, REID SQUARE - ERECTION OF 10 FLATS AND A HOUSE FOR HILLCREST HOUSING ASSOCIATION LTD

Councillors Regan and Hind declared a non-financial interest in this item by virtue of having attended a public meeting in relation to this application and withdrew during its consideration.

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, it was thanked for its attendance and withdrew.

Thereafter, the Committee agreed that the application be deferred to provide the opportunity to clarify the exact nature of the application and to allow the applicant to appear as a deputation.

(g) 21 FAIRFIELD ROAD - ERECTION OF 5 TOWNHOUSES FOR DELLBURN TRANSPORT LIMITED

This item was withdrawn by the applicant.

(h) LAND FRONTING BALGRAY STREET - ERECTION OF 5 TOWNHOUSES FOR JACOBSON PROPERTIES

This item was withdrawn by the applicant.

(i) 06-00808-OUT - 4 ANCRUM ROAD - OUTLINE CONSENT FOR HOUSING DEVELOPMENT FOR CHARLES KEAN

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

(j) 06-01009-FUL - LAND WEST OF RICHMOND TERRACE - ERECTION OF A DWELLINGHOUSE FOR MRS S ALLEN

Councillor Don declared a non-financial interest in this item by virtue of his spouse's prior objection to this application and took no part in the discussion thereof.

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, Councillor Macpherson, seconded by Bailie Powrie, moved refusal of the application on the grounds that:-

(i) the proposal is contrary to Policy 1 of the Dundee Local Plan 2005 due to the detrimental impact the proposed access into the site would have on road traffic safety in the immediate area and the adverse impact a new dwellinghouse in this location would have on the environmental qualities currently enjoyed by local residents. There are no material considerations that would justify the approval of the application contrary to the development plan; and

(ii) the pruning and felling of trees for a new house in this prominent location will have a significant adverse impact on the character and appearance of this part of the conservation area 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 the approval of the application contrary to the development plan.

As an amendment, the Convener, seconded by Councillor Scott, moved approval of the application subject to the conditions recommended by the Director of Planning and Transportation and subject to a Section 75 Agreement being entered into to prohibit the development's use as a House in Multiple Occupation.

On a division, there voted for the motion - Lord Provost Letford, Bailies Powrie, Mackie and Borthwick and Councillors Shimi, Regan, Sturrock, Macpherson, Dick, Duncan, Roberts, Barrie and Fordyce (13); and for the amendment - the Convener, Bailie Farquhar and Councillors Keenan, Grant, Hind, Morrow, Beattie, Sawers, Will Dawson, Webster and Scott (11) - whereupon the motion was declared carried.

(k) 9 KINLOCH PARK - ALTERATIONS AND EXTENSION TO DWELLINGHOUSE FOR J OSSMAN

This item was withdrawn by the applicant.

(l) 06-01021-COU - 43 ALBANY ROAD, BROUGHTY FERRY - CHANGE OF USE FROM GARAGE TO ANCILLARY RESIDENTIAL ACCOMMODATION AND GARAGE ASSOCIATED WITH 43 ALBANY ROAD INCLUDING DORMER TO NORTH ELEVATION FOR MR AND MRS G STEVENSON

The Committee acceded to a request which had been received 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 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.

(m) 06-01011-FUL - 2 KINGSWAY PLACE - EXTENSION ON WEST ELEVATION FOR MR S KENNEDY AND MISS M ANDERSON

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

(n) 06-01095-FUL - 1 GLAMIS DRIVE - ERECTION OF TWO STOREY EXTENSION ON WEST ELEVATION FOR MS P HINCHION AND DR K McNEISH

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

(o) 06-01106-FUL - 58 MUIRFIELD CRESCENT - ERECTION OF SINGLE STOREY EXTENSION TO SOUTH WEST (REAR) ELEVATION FOR MR AND MRS ROBERTSON

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

(p) 06-01049-COU - 22 THOMSON STREET - CHANGE OF USE FROM OFFICES TO FLAT FOR DUNDEE WOMEN'S AID

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

(q) 06-01042-COU - 54-62 FORT STREET, BROUGHTY FERRY - CHANGE OF USE FROM YARD TO BEER GARDEN WITH RESTRICTED HOURS AND USE FOR MR J BLACK

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; and

(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.

(r) 06-00944-FUL - THE FORUM CENTRE, CHAPEL STREET - 2 STOREY EXTENSION FOR UNION LAND DUNDEE LTD

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

(s) 06-00925-FUL - THE GLASS PAVILION, THE ESPLANADE, BROUGHTY FERRY - EXTENSION TO RESTAURANT FOR DWL DEVELOPMENT (SCOTLAND) LTD

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

(t) 06-00924-LBC - THE GLASS PAVILION, THE ESPLANADE, BROUGHTY FERRY - EXTENSION TO RESTAURANT FOR DWL DEVELOPMENT (SCOTLAND) LTD

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

(u) 06-01003-FUL - 123 HIGH STREET, LOCHEE - CHANGE OF USE FROM VACANT CLASS 1 RETAIL UNIT TO CLASS 2 OFFICE FOR CHEQUE CENTRE PROPERTIES LIMITED

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

(v) 06-01051-COU - 257 BROOK STREET, BROUGHTY FERRY - CHANGE OF USE FROM VACANT RETAIL TO CHEQUE CENTRE FOR CHEQUE CENTRE PROPERTIES LIMITED

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

(w) 06-01081-FUL - FILLING STATION, CHARLESTON DRIVE - AMENDMENT TO 04-00994-COU - INCREASE IN THE AMOUNT OF CARS FOR SALE TO BE PERMITTED WITHIN THE SITE - FOR G S MOTORS

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, it was thanked for its attendance and withdrew.

Thereafter, having considered objections received, the Committee refused the application on the grounds that the proposal would constitute an over-intensification of the use of the site for the sale of cars which was likely to lead to site access and vehicle manoeuvring difficulties and was likely to lead to the parking of customer and staff vehicles on-street, all to the detriment of the environmental quality and road traffic safely enjoyed by local residents in terms of Policy 1 of the Dundee Local Plan Review 2005. There were no material considerations which would justify approval of the proposal contrary to the provisions of the development plan.

(x) 06-01107-COU - 3 LANGLANDS STREET - CHANGE OF USE FROM VACANT YARD TO CAR SALES YARD FOR MR C SANDEMAN

The Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation and subject to the change to condition three whereby the parking spaces for staff and customers would be increased from four to five.

(y) 06-01102-FUL - 5A BALMYLE ROAD, BROUGHTY FERRY - ERECTION OF CONTINUATION WALL TO MATCH EXISTING - FOR MR S HENDERSON

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

II FORMER FIRE STATION, STRATHMORE AVENUE - SITE PLANNING BRIEF

There was submitted Agenda Note AN26-2007 whereby reference was made to Article I of the minute of meeting of the Planning and Transportation Committee of 8th January, 2007 wherein, following consultation, the Committee approved an amended Former Fire Station, Strathmore Avenue - Site Planning Brief as the basis of guidance for development of the site, and agreed to commend the brief to the Development Quality Committee as a material consideration for development control purposes.

The Committee noted accordingly.

III PLANNING POLICY ADVICE: AIR QUALITY AND LAND USE PLANNING

There was submitted Agenda Note AN27-2007 whereby reference was made to Article II of the minute of meeting of the Planning and Transportation Committee of 8th January, 2007 wherein, following consultation, the Committee approved Planning Policy Advice: Air Quality and Land Use Planning as the basis of guidance for planning applications affected by air quality issues and agreed to commend the brief to the Committee as a material consideration for development control purposes.

The Committee noted accordingly.

IV PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN28-2007 detailing the following Planning Appeal Decisions:-

(a) 101 CAMPERDOWN ROAD, DUNDEE DD3 8RF - CHANGE OF USE FROM SNOOKER CLUB TO PUBLIC HOUSE

Reference was made to the decision of the Council on 20th March, 2006, under powers delegated to the Director of Planning and Transportation, to refuse planning permission because the Council considered that the proposed change of use would be contrary to Policy 53 of the Dundee Local Plan Review 2005.

It was reported that the decision had been 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 dismissed.

(b) 78 VICTORIA ROAD, DUNDEE, DD1 2NY - CHANGE OF USE FROM GROCER'S SHOP TO HOT FOOD TAKEAWAY

Reference was made to Article 1(d) of the minute of meeting of this Committee of 24th April, 2006 wherein the above proposal was refused planning permission because the Council considered that the proposal was contrary to Polices 1 and 53 of the Adopted Local Plan Review 2005 in that it would have a detrimental impact on the amenity of residential areas in terms of noise, smell, parking and road safety.

It was reported that the decision had been 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 dismissed.

(c) 82 LAWSIDE ROAD, DUNDEE, DD3 6BA - ERECTION OF 8 HOUSES

Reference was made to the decision of the Council on 21st August, 2006, under powers delegated to the Director of Planning and Transportation, to refuse planning permission because the Council considered that the proposal was contrary to Policy 4 of the Dundee Local Plan Review 2005 (less than 30% of the houses would have more than 75 square metres of private garden ground; adjoining houses would suffer from overlooking and loss of privacy; substandard design quality).

The decision had been 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 dismissed.

(d) LOCATION: 222 BLACKNESS ROAD, DUNDEE

PROPOSAL: CHANGE OF USE FROM SHOP TO DWELLING FLAT

Reference was made to the decision of the Council on 8th August, 2006, under powers delegated to the Director of Planning and Transportation, to refuse planning permission, because the Council considered that the proposal was contrary to Policy 4 and Appendix 1 of the Dundee Local Plan Review 2005 in that the proposal failed to make provision for car parking, garden/drying area and that it would have an internal floor area of less than 60 square metres. The Head of Environmental Health and Trading Standards expressed concerns over potential noise disturbance from road traffic.

The decision had been 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 conditions relating to the submission of details concerning the availability of external amenity land and proposals for improvement works; details of the windows of north facing rooms to ensure noise attenuation.

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

There was submitted Report No 15-2007 by the Director of Planning and Transportation advising members of the actions taken in dealing with dangerous buildings during the months of September, October, November and December 2006.

The Committee noted the contents of the report.

Rod WALLACE, Convener.