Planning Committee (including Former Development Management And Development Quality) - 26/02/2007

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 26th February, 2007.

Present:-

BAILIES

COUNCILLORS

Councillor Roderick A J WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 22nd January, 2007 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 06-01076-LBC - 12 AND 18 WHITEHALL CRESCENT - PERMISSION FOR INSTALLATION OF SERVICES - FOR MR I JAMAL

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 Committee refused the application on the grounds that:-

(i) the proposed development significantly detracts from the appearance and character of a Category B Listed Building by virtue of the location of the services and the manner in which they are to be completed. The proposal is therefore considered to be 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 settings or any features of special architectural or historic interest which they possess;

(ii) the proposed development will have an adverse impact on the appearance and character of a listed building by virtue of the location of the services and the manner in which they are to be completed. This is contrary to Policy 60 (Alterations to Listed Buildings) of the Dundee Local Plan Review 2005. There are no material considerations that would justify the approval of this application contrary to the terms of this Policy; and

(c) the introduction of the new door at first floor level of 12 Whitehall Crescent adversely impacts on the appearance and character of a Category B listed building by virtue of detracting from the symmetry of the original openings located within the communal stairwell. The proposal is therefore considered to be contrary to Section 14 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and Policy 60 of the Dundee Local Plan Review 2005. There are no material considerations that would justify the approval of the new doorway contrary to the terms of Policy 60.

(b) 06-00708-FUL - 2 TO 8 LAING STREET - ERECTION OF FIVE 2-STOREY TERRACED HOUSES - FOR MRS R RASHID

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

(c) 07-00003-FUL - DUNTRUNE GARDEN, DUNTRUNE TERRACE, BROUGHTY FERRY - ERECTION OF 4 DWELLINGS - FOR DUNTRUNE DEVELOPMENT LIMITED

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

(d) 06-01133-FUL - 20 TO 30 NELSON STREET AND 85 TO 89 ANN STREET - ERECTION OF 12 NEWBUILD FLATS - FOR HILLCREST HOUSING ASSOCIATION LTD

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

(e) 06-01084-FUL - 61A CONSTITUTION ROAD - ERECTION OF FIVE FLATS WITH CAR PARKING - FOR KORPP LTD

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 development contravenes Policy 1 of the Dundee Local Plan Review 2005 by virtue of the adverse impact the proposal would have on the environmental qualities currently enjoyed by the residents located to the east of the site and there are no material considerations that justify the approval of this application contrary to this policy;

(ii) the proposed development contravenes Policy 4 of the Dundee Local Plan Review 2005 by virtue of the site not being identified for the development of flats, the failure to provide an appropriate level of safe off-street car parking spaces and the reduction of privacy by overlooking of the private garden area of the residential property to the east. There are no material considerations that would justify the approval of this application contrary to this policy; and

(iii) the proposed development contravenes Policy 55 of the Dundee Local Plan Review 2005 by virtue of the scale, design, appearance and the adverse impact of the new flatted block on the visual quality of the surrounding area. There are no material considerations that would justify the approval of this application contrary to these policies.

(f) 06-00991-COU - HIGH MILL, HIGHMILL COURT - CHANGE OF USE, WITH ALTERATIONS, OF LOWER GROUND FLOOR "SHELL" UNITS TO FORM FOUR FLATS - FOR B DOIG AND R WALKER DEVELOPMENTS LTD

Councillor Don declared a non-financial interest in this item by virtue of his wife being a member of West End Community Council who had objected to the application, and took no part in the discussion thereof.

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 Committee refused the application on the grounds that:-

(i) the development is contrary to Policy 1 and Policy 4 of the Dundee Local Plan Review 2005 as the proposals fail to provide the required amount of associated off-street car parking and the environmental quality of the adjacent occupiers to the south will be prejudiced by virtue of overlooking, a reduction in privacy and noise created by new south facing windows and extraction flues for the proposed units. There are no material considerations that would justify the approval of the application contrary to the terms of these policies; and

(ii) the proposal is contrary to Policy 60 of the Dundee Local Plan Review 2005 and the requirement under Section 59 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 due to the adverse impact on the architectural and historic character of the Category A listed building through the introduction of additional openings on the main elevations of the property. There are no material considerations that would justify the approval of the application contrary to the terms of this policy.

(g) 06-00987-LBC - HIGHMILL, HIGHMILL COURT - INTERNAL AND EXTERNAL ALTERATIONS TO CREATE FOUR FLATS - FOR B DOIG AND R WALKER DEVELOPMENTS LTD

Councillor Don declared a non-financial interest in this item by virtue of his wife being a member of West End Community Council who had objected to the application, and took no part in the discussion thereof.

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 Committee refused the application on the grounds that:-

(i) the proposed alterations significantly detract from the appearance and character of a Category A listed building by virtue of the location, design and specification of the proposed new windows and openings to be provided on the main elevations of the property. The proposal is therefore considered to be 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 settings or any features of special architectural or historic interest which they possess; and

(ii) the proposed development will have an adverse impact on the appearance and character of a Category A listed building by virtue of the location, design and specification of the proposed new windows and openings to be provided on the main elevations of the property. This is contrary to Policy 60 (Alterations to Listed Buildings) of the Dundee Local Plan Review 2005. There are no material considerations that would justify the approval of this application contrary to the terms of this Policy.

(h) 07-00012-FUL - 18 GLAMIS TERRACE - BASEMENT AND ATTIC CONVERSION INTO HABITABLE SPACE WITH NEW WINDOWS AND DOORS - FOR MR R ALEXANDER

Councillor Don declared a non-financial interest in this item by virtue of knowing the applicant, and took no part in the discussion thereof.

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

(i) 07-00019-OUT - 56 SEYMOUR STREET - OUTLINE CONSENT FOR ERECTION OF DWELLINGHOUSE IN GARDEN GROUND - FOR MR AND MRS MURRAY

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

(i) the proposed development is contrary to Policy 1 of the Dundee Local Plan Review as it would adversely impact upon the privacy of the neighbouring occupiers and the access is not suitable for two properties to share; and

(ii) the proposed development is contrary to Policy 15 of the Dundee Local Plan Review due to its poor relationship with prevailing densities in the area and it is not consistent with the development pattern for the area. There are no material considerations that would justify a departure to the provisions of the development plan in this instance.

(j) 06-01206-FUL - PANMUREFIELD COTTAGE, PANMUREFIELD ROAD, BROUGHTY FERRY - DEMOLITION OF COTTAGE AND ERECTION OF DWELLING - FOR JACK FULTON ASSOCIATES

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

(k) LAND TO THE EAST OF 3 GIBSON TERRACE - ERECTION OF 2 STOREY HOUSE AND GARAGE - FOR P INGLIS

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, having considered objections received, the Committee agreed to defer consideration of this application in order to allow further consideration of a number of issues, including the possible presence of bats on the site, details of the proposed landscaping plan, and road traffic and pedestrian safety during the construction of the proposed development.

(l) 06-01196-FUL - 9 CLEPINGTON ROAD - SINGLE STOREY EXTENSION TO HOUSE - FOR MR HABIB

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

(m) 06-01103-FUL - 1 TO 3 BRACKENBRAE, BROUGHTY FERRY - EXTENSION TO DWELLINGHOUSE AND REALIGNMENT OF DRIVEWAY (AMENDMENT) - FOR MR AND MRS CONWAY

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

(n) 314 STRATHMARTINE ROAD - SINGLE STOREY EXTENSION TO REAR - FOR MR RASHID

After considering objections received, Councillor Macpherson, seconded by Councillor Sturrock, moved that the application be deferred to allow further discussion between the applicant and the objector.

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

On a division, there voted for the motion - Lord Provost Letford, Bailies Wright, Powrie and Borthwick, and Councillors Sturrock, Macpherson, Dick, Roberts, Barrie and Fordyce (10); and for the amendment - the Convener, Councillors Keenan, Don, Andrew Dawson, Sawers, Webster and Scott (7), Bailie Farquhar being absent when the vote was taken - whereupon the motion was declared carried.

(o) 06-01034-FUL - 9 BRIGHT STREET - EXTENSIONS TO EAST ELEVATION OF HALL - FOR 6/8 COMPANY DUNDEE BOYS BRIGADE

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

(p) 06-01032-LBC - 9 BRIGHT STREET - EXTENSIONS TO EAST ELEVATION OF HALL - FOR 6/8 COMPANY DUNDEE BOYS BRIGADE

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

(q) 06-01096-FUL - 47 CLEPINGTON ROAD - ELEVATIONAL ALTERATIONS (AMENDMENT)

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

II PLANNING APPEAL DECISION

There was submitted Agenda Note AN67-2007 advising the Committee of the undernoted planning appeal decisions:-

(a) 113 CHEVIOT CRESCENT - CHANGE OF USE FROM SANDWICH SHOP TO A HOT FOOD TAKEAWAY

Reference was made to Article I(z) of the minute of meeting of this Committee of 28th August, 2006 wherein the above proposal was refused planning permission because the Council considered that the proposal was located within 30 metres of residential property contrary to Policy 53 of the adopted Local Plan Review; and the proposal would result in significant potential problems relating to noise, smell, litter and anti-social behaviour (due to the presence of other hot food takeaways).

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 conditions relating to noise and smell mitigation, litter bin provision and restrictions on opening hours.

(b) 34 REFORM STREET - ERECTION OF TIMBER DECKING WITH RETRACTABLE SCISSOR ARM CANVAS AWNING ABOVE AND RETENTION OF UNISEX DISABLED WC

Reference was made to Article I(o) of the minute of meeting of this Committee of 27th February, 2006 wherein the above proposal as refused planning permission because the Council considered that the use of the proposed decking with its protective canopies would result in an unacceptable noise and smell impact to adjacent offices throughout the year to the detriment of their occupants.

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 condition relating to the prevention of amplified music and vocals.

(c) 78 FINTRY ROAD - CHANGE OF USE OF VACANT STORE TO HOT FOOD TAKEAWAY

Reference was made to Article I(cc) of the minute of meeting of this Committee of 28th August, 2006 wherein the above proposal was refused planning permission because the Council considered that the proposal was located within 30 metres of residential property, contrary to Policy 53 of the adopted Local Plan Review; and that the proposal would result in significant potential problems relating to noise, smell, litter and anti-social behaviour (due to the presence of other hot food takeaways).

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 conditions relating to noise and smell mitigation, litter bin provision and restrictions on opening hours.

Roderick A J WALLACE, Convener.