Planning Committee (including Former Development Management And Development Quality) - 26/03/2007

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

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 26th February, 2007 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 07-00110-FUL - LAND TO EAST OF 518 PERTH ROAD - ERECTION OF TELECOMMUNICATIONS MAST CONTAINING 3 ANTENNA WITH 2 EQUIPMENT CABINETS - FOR T-MOBILE (UK) LTD

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

(b) 06-01200-FUL - LAND TO SOUTH OF LAWERS DRIVE AND EAST OF PANMUREFIELD ROAD, BROUGHTY FERRY - ERECTION OF 45 DWELLINGHOUSES - FOR BETT HOMES (NORTH EAST SCOTLAND) LTD

After considering objections received, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation and an additional condition, (viii) that details of the proposed site compound area, show house and sales cabin area 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 particular, these facilities shall be designed to provide sufficient space for all construction traffic as well as for car parking for site workers and visitors to the site and show houses and to ensure that there is not a requirement for vehicles to park on Lawers Drive, in order to provide adequate space for construction vehicles and car parking associated with the development of the site and to avoid the need to use Lawers Drive for construction activities or parking in the interests of residential amenity and the free flow of traffic on Lawers Drive.

(c) 06-00313-FUL - WALLACE CRAIGIE WORKS, 2 WALLACE STREET - DEMOLITION OF BUILDINGS, ALTERATIONS TO EXISTING BUILDINGS AND ERECTION OF 15 TOWNHOUSES AND 131 FLATS - FOR JAMES KEILLOR ESTATES

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

(d) 06-00314-LBC - WALLACE CRAIGIE WORKS, 2 WALLACE STREET - DEMOLITION CONVERSION AND ALTERATIONS TO LISTED BUILDINGS - FOR JAMES KEILLOR ESTATES

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

(e) 06-01035-FUL - 26 TO 28 MILTON STREET - ERECTION OF 22 TOWNHOUSES AND 24 APARTMENTS WITH NEW ROAD ACCESS AND PARKING - FOR MRK 1 LTD

After considering objections received, Bailie Mackie, seconded by Councillor Webster moved deferral of the application.

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

On a division, there voted for the motion - Bailies Powrie and Mackie and Councillors Roberts, Barrie, Webster and Scott (6); and for the amendment - the Convener and Councillors Keenan, Sturrock, Grant, Hind, Morrow, Macpherson, Don, Duncan and Andrew Dawson (10); Bailies Wright and Borthwick being absent when the vote was taken - whereupon the amendment was declared carried.

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

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

(f) 06-01185-FUL - LAND NORTH OF HAWKHILL - CHANGE OF USE FROM WAREHOUSE TO STUDENT ACCOMMODATION AND ERECTION OF NON STUDENT ACCOMMODATION TO FORM 86 FLATS - FOR TORITH LTD

The Committee acceded to requests for deputations to address the Committee both in support of and relative to objections to the above 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, Councillor Sturrock, seconded by Councillor Hind, moved refusal of the application on the grounds that:-

(i) 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 flatted blocks on the visual quality of the surrounding area. There are no material considerations that would justify the approval of this application contrary to this policy;

(ii) the proposal fails to provide adequate car parking within the curtilage of the development for the future occupiers of the flats which will result in additional on-street parking spreading to neighbouring streets to the detriment of the road traffic and pedestrian safety on the surrounding road network; and

(iii) the proposal fails to provide suitable and appropriate open space provision within the development to the detriment of the environmental qualities of the future occupiers of the proposed flats.

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 - Councillors Sturrock, Grant, Hind, Duncan, Andrew Dawson and Roberts (6); and for the amendment - the Convener, Bailies Powrie, Mackie, and Councillors Keenan, Morrow, Macpherson, Don, Barrie, Webster and Scott (10); Bailies Wright and Borthwick being absent when the vote was taken - whereupon the amendment was declared carried.

(g) 06-01183-LBC - LAND NORTH OF HAWKHILL - ALTERATIONS AND EXTENSION TO FORM STUDENT ACCOMMODATION - FOR TORITH LTD

The Committee acceded to requests for deputations to address the Committee both in support of and relative to objections to the above 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, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

(h) 06-01113-FUL - LAND TO THE WEST OF EAST HOME STREET, BROUGHTY FERRY - ERECTION OF DWELLINGHOUSE AND DOUBLE GARAGE IN GARDEN GROUND - FOR PROFESSOR E SHERMILT

The Committee acceded to requests for deputations to address the Committee both in support of and relative to objections to the above 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, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

(i) 06-01086-FUL - LAND SOUTH OF RIVERSIDE AVENUE - ERECTION OF 60 BED HOTEL WITH RESTAURANT AND FORMATION OF CAR PARK - FOR HANNA & STRACHAN LTD

The Committee acceded to a request for a deputation to address the Committee in support of the above 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, Councillor Barrie, seconded by Councillor Powrie, moved approval of the application subject to the conditions that:-

(i) the development hereby permitted shall be commenced within five years from the date of this permission;

(ii) samples of the finishing materials proposed to be used shall be submitted to the Council for approval and if approved the development shall be carried out only in accordance with such approved samples;

(iii) the development shall be carried out only in strict conformity with the details shown on the approved plans. For the avoidance of doubt, these details relate to the following drawings submitted to accompany the planning application:-

(1) 06023 PL-02 RevB

(2) 06023 PL03

(3) 06023 PL04

(4) 06023 PL05;

(iv) a detailed landscape scheme, including a tree survey, shall be submitted to the Council for written approval prior to the commencement of development and if approved the proposed development shall be carried out only in full accordance with such approved details;

(v) that prior to the commencement of development, details of secure cycle parking and wet changing facilities shall be submitted to and approved in writing by the planning authority. For the avoidance of doubt, these facilities shall be operational prior to the first use of the building;

(vi) that the hotel and any associated masts, street lighting, or other installations, shall not exceed the height of protected surfaces supplied by Dundee Airport;

(vii) that if so required by Dundee Airport, the developer shall provide and maintain in perpetuity, a red aircraft warning lamp to airport specification located at an agreed high point on the hotel;

(viii) that the south and east facing elevations of the hotel shall be so designed as to avoid the distortion of reflection of radio navigation signals transmitted by Dundee Airport;

(ix) that any floodlighting and illuminated signs shall avoid the bright illumination of external surfaces, shall not allow any light sources to be visible above the horizontal plane. No light source shall flash or be coloured green;

(x) all bins and especially all food waste bins shall be wholly enclosed and actively managed to ensure that they do not attract birds;

(xi) all built facilities, masts, columns and parked vehicles shall be at least two metres away from the airport security fence to ensure that they do not compromise that security fence;

(xii) the operators of the hotel shall not undertake promotions or activities involving the release of balloons, the use of tethered blimps or firework displays; and

(xiii) all use of cranes during the construction of the hotel shall be subject to prior consultation with Airport Air Traffic Control staff and carried out only with their agreement and with suitable direct communications available between Air Traffic Control and the crane operator

in order to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997, to ensure that the proposed development has a satisfactory external appearance in the interests of the visual amenities of the area, to ensure that the building maintains a quality of design that is appropriate for the site and the surrounding area, to ensure a satisfactory standard of appearance of development in the interests of the visual amenities of the area, to ensure that appropriate associated facilities for cyclists are made available for both staff members and visitors to the hotel and restaurant, in the interests of air traffic safety and in the interests of security of the airport.

As an amendment, the Convener, seconded by Councillor Scott, moved refusal of the application on the grounds that:-

(i) the applicants have not fully demonstrated that a sequential approach has been applied to the site selection for this facility and as a consequence the proposals are considered to be contrary to the requirements of Structure Plan Town Centres and Retailing Policies 3 and 5 by virtue of the potential adverse impact the proposals would have on the vitality and viability of the city centre. There are no material considerations that would justify the approval of this application contrary to these policies;

(ii) the applicants have not fully demonstrated that a sequential approach has been applied to the site selection for this facility and as a consequence the proposals are considered to be contrary to Policies 30 and 46 of the Dundee Local Plan Review 2005 by virtue of the potential adverse impact the proposals would have on the vitality and viability of the city centre. There are no material considerations that would justify the approval of this application contrary to these policies; and

(iii) the use of the site for purposes outwith Classes 4, 5 and 6 of the Use Classes Order 1997 in this identified Principle Economic Development Area would be contrary to the requirements of Policies 21 and 24 of the Dundee Local Plan Review 2005. It is further considered that the proposal does not qualify as an appropriate ancillary service use within this area and consequently is contrary to Policy 27 of the Local Plan Review. There are no material considerations that would justify the approval of this application contrary to these policies.

On a division, there voted for the motion - Bailies Powrie and Mackie and Councillors Sturrock, Hind, Duncan, Andrew Dawson, Roberts, Barrie and Webster (9); and for the amendment - the Convener and Councillors Grant, Morrow, Macpherson, Don and Scott (6); Bailies Wright and Borthwick being absent and Councillor Keenan declining to vote as he had been absent during part of the proceedings, whereupon the motion was declared carried.

(j) 07-00137-FUL - BROUGHTY FERRY LAWN TENNIS CLUB, ELCHO DRIVE, BROUGHTY FERRY - ERECTION OF COVERED ENCLOSURE, ALTERATIONS TO CLUBHOUSE AND ADDITIONAL PARKING - FOR BROUGHTY FERRY LAWN TENNIS CLUB

After considering objections received, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation and subject to condition (iii) being amended to read "prior to the first use of the building, an effective and immediate screen shall be provided to the north and east of the site to be formed both by raising ground levels with bunding and planting trees and shrubs of an appropriate size and of a native species in accordance with a scheme which has been submitted to and approved in writing by the City Council prior to the commencement of development. For the avoidance of doubt, a mini tennis court shall not be provided to the east of the building but rather this area shall be suitably bunded and landscaped. Any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within five years of planting shall be replaced by trees or shrubs of similar size and species to those originally required to be planted in terms of this condition."

(k) 07-00068-COU - 74 EAST DOCK STREET - CHANGE OF USE FROM VACANT LAND TO A MOTORCYCLE TRAINING SCHOOL - FOR SCOTRIDERS MOTORCYCLE TRAINING SCHOOL

The Committee acceded to requests for deputations to address the Committee both in support of and relative to objections to the above 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, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

(l) 07-00081-FUL - CARLTON HOUSE HOTEL, 2 DALGLEISH ROAD - FORMATION OF DISABLED ENTRANCE AND CONSERVATORY TO EXISTING HOTEL - FOR SANDRA McKENZIE

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 visual impact of the proposed extension on the existing building and surrounding area by virtue of the position on the prominent elevation, size and design. There are no material considerations that would justify approval of the application contrary to the provisions of the Development Plan; and

(ii) the proposal is contrary to Policy 55 of the Dundee Local Plan Review 2005 due to the incongruous appearance of the proposed extension on the main elevation of the existing building. The visual amenity of the surrounding area will be adversely affected as the strong building line that exists with adjacent properties to the west will be breached. There are no material considerations that would justify approval of the application contrary to the provisions of the Development Plan.

(m) 06-00901-FUL - 518 PERTH ROAD - ALTERATIONS AND EXTENSIONS TO DWELLING INCLUDING NEW OFFICE, GARAGE AND SWIMMING POOL - FOR MR FRANK ESPOSITO

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

(n) 06-01006-FUL - CENTRE CAR CO, SOUTH WARD ROAD - PROPOSED NEW MIXED USE DEVELOPMENT COMPRISING RETAIL AND OFFICE ACCOMMODATION WITH ANCILLARY CAR PARKING - FOR ARGYLL HOUSE LTD

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

(o) 06-01181-FUL - 37A ALBANY ROAD, BROUGHTY FERRY - EXTENSION TO ANNEXE TO FORM DWELLING - FOR MR AND MRS T LEES

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 above 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, the Committee refused the application on the grounds that:-

(i) the proposed development is contrary to Policies 4 and 15 (criteria (a), (b), (d) and (i)) of the Dundee Local Plan Review 2005 due to prevailing densities, design, and the lack of information regarding parking and garden ground provision. 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 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.

(p) 07-00050-FUL - 18 HILLBANK GARDENS - 2 STOREY EXTENSION TO SOUTH ELEVATION AND EXTENSION ON PORCH OF NORTH ELEVATION - FOR MR AND MRS WILSON

After considering objections received, the Committee refused the application on the grounds that the proposed development is contrary to Policy 14 of the Dundee Local Plan Review 2005 due to the design of the north elevation and loss of privacy for adjacent properties. There are no material considerations such as to justify the grant of planning permission contrary to the provisions of the development plan.

(q) 06-01204-COU - 34 CONSTITUTION STREET - CHANGE OF USE TO HOT FOOD TAKEAWAY AND NEW FLUE OUTLET - FOR MRS POON

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

(i) the proposed development is contrary to Policy 1 Vibrant and Sustainable Communities of the Dundee Local Plan Review 2005 as the development will be likely to affect the environmental quality enjoyed by local residents by virtue of noise and smell from the proposed flue and the lack of acceptable waste storage facilities. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy; and

(ii) the proposed development is contrary to Policy 53 Licensed and Hot Food Premises outwith the City Centre of the Dundee Local Plan Review 2005 as the site immediately adjoins residential properties to the east and is within 30 metres of residential properties to the north, west and south. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy.

(r) 07-00016-FUL - TROLL INN, 17 ARKLAY STREET - DELETION OF CONDITION TO PERMIT AMPLIFIED MUSIC TO BE PLAYED ON THE PREMISES - FOR CHRISTOPHER AIRLIE

After considering objections received, the Committee refused the application on the grounds that the proposed deletion of the condition to permit amplified music at the premises would extend the nature of the public house use beyond that of a small local facility and result in noise breakout and disturbance to the detriment of the amenities enjoyed by nearby residents and contrary to Policy 1 of the Dundee Local Plan Review 2005. There are no material considerations that would justify the approval of this application contrary to the provisions of the Development Plan.

(s) 07-00029-FUL - 9 KINLOCH PARK - RETROSPECTIVE RELOCATION OF HOT TUB FOR MR OSSMAN

The Committee acceded to requests for deputations to address the Committee both in support of and relative to objections to the above 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, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

II IMPLEMENTATION OF THE E-PLANNING AGENDA IN THE DEVELOPMENT QUALITY SERVICES

There was submitted Agenda Note AN103-2007 proposing a number of service improvements as part of the process of implementing electronic file management and communications.

The Committee agreed that, with immediate effect:-

(a) members receive copies of objection letters/letters of representation in respect of planning applications in their wards, solely by e-mail;

(b) an e-mail would be sent to members via their secretaries for circulation enclosing a copy of the weekly planning list which may or may not be printed off at the discretion of the members or their secretary; and

(c) planning appeal decision letters would be e-mailed instead of circulation of paper copies, and paper copies would no longer be placed in the Members' lounge.

III PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN104-2007 detailing the undernoted planning appeal decisions:-

(a) VACANT SHOP UNIT, 152 ARBROATH ROAD - CHANGE OF USE FROM BETTING SHOP TO HOT FOOD TAKEAWAY

Reference was made to Article I(bb) 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 breached Policies 1 and 53 of the Dundee Local Plan 2005 (residential amenity, (noise, smell, litter and traffic); and distance of licensed premises from nearby residences).

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 the appeal had been dismissed.

(b) LAND TO SOUTH OF LODGE, CIDHMORE, 488 PERTH ROAD - ERECTION OF DWELLINGHOUSE

Reference was made to Article I(b) 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 development conflicted with the Dundee Local Plan 2005 in the following respects:-

(i) Policy 25 - Development in Garden Ground (design and materials; detrimental to the character of the site; loss of mature landscaping);

(ii) Policy 4 - Design of New Housing (insufficient usable garden ground); and

(iii) Policy 61 - Development in Conservation Areas (siting, design and use of materials fails to preserve and enhance the setting of the listed building and the character of the area, would lead to the loss of mature landscaping).

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 the appeal had been dismissed.

(c) 69 AND 73 ANN STREET - CHANGE OF USE FROM VACANT SHOPS TO TWO MAISONETTE FLATS

Reference was made to the decision of the Council on 22nd June, 2006 under powers delegated to the Director of Planning and Transportation, to refuse planning permission because the Council considered that the proposal conflicted with the provisions of the Dundee Local Plan 2005 in which the creation of new residential accommodation in basement and roof space areas and in particular where there is no evidence of previous such use, is resisted. It was not entirely clear to the Council that the basement had been in a previous residential use. Also, at the time of the decision, the applicant had not provided sufficient evidence in respect of the availability of external space amounting to 10m2 per flat in order that Council policy could be discharged. The Council was also concerned at the absence of off-street car parking and the lack of cycle storage.

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 1947, and the appeal had been upheld with conditions relating to the detailing of materials and bike storage facilities.

(d) THE FORT HOTEL, 54-62 FORT STREET, BROUGHTY FERRY - CHANGE OF USE FROM YARD TO BEER GARDEN AND ERECTION OF CANOPY

Reference was made to Article I(e) 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 Policy 1 of the Dundee Local Plan Review 2005 (adverse impact on residential amenity due to potential noise disturbance).

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 the appeal had been upheld with conditions relating to the restriction of hours of opening (9am - 9pm), details to the alterations to the walls, gates and signage, and the prohibition of musical and vocal entertainment.

IV BUILDINGS (SCOTLAND) ACT 2003, SECTIONS 23 AND 30 - DANGEROUS BUILDINGS

There was submitted Report No 146-2007 by the Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during the month of January.

The Committee noted the contents of the report.

Roderick A J WALLACE, Convener.