Planning Committee (including Former Development Management And Development Quality) - 23/04/2007

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 23rd April, 2007.

 

Present:-

 

BAILIES

 

C D P FARQUHAR

Ian BORTHWICK

Bruce D MACKIE

 

COUNCILLORS

 

Kevin KEENAN

Fraser MACPHERSON

Christina ROBERTS

Julia M STURROCK

Helen DICK

Jim BARRIE

Christopher HIND

Richard BEATTIE

Will DAWSON

Joe MORROW

Andrew DAWSON

Elizabeth F FORDYCE

Roderick A J WALLACE

Charles A WEBSTER

Derek J SCOTT

 

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

 

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

 

Unless marked thus * all items stand delegated.

 

I PLANNING APPLICATIONS

 

(a) 06-00673-REM - LAND TO NORTH AND SOUTH OF DONALD'S LANE - ERECTION OF 30 DWELLINGHOUSES - FOR H & M PROPERTIES LIMITED

 

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

 

(b) 07-00098-FUL - ST RONANS, DALKEITH ROAD - DEMOLITION OF EXISTING BUILDING AND ERECTION OF 12 HOUSES AND 12 FLATS - FOR STEWART MILNE HOMES NORTH SCOTLAND

 

The Committee acceded to a request which had been received 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 received, the Committee refused the application on the grounds that:-

 

(i) the proposal is contrary to Policy 4 of the Dundee Local Plan Review 2005 as there is insufficient garden ground and parking space provided with the proposed townhouses. There are no material considerations that would justify approval of the application contrary to the provisions of the development plan;

 

(ii) the proposal is contrary to Policy 4 as the principle of flats is not supported at this location and the applicant has failed to satisfactorily justify the suitability of flats. There are no material considerations that would justify approval of the application contrary to the provisions of the development plan; and

 

(iii) the proposal raises traffic and pedestrian safety issues due to the proposed unsafe access from Dalkeith Road, lack of new footway on St Ronans Avenue and insufficient information submitted within the applicant's Transport Statement.

 

(c) 07-00055-FUL - WESTBAY, 34 ALBERT ROAD, BROUGHTY FERRY - ERECTION OF NEW SHELTERED HOUSING OF 37 UNITS - FOR ALAN HUNTER

 

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

 

(i) the proposed development is of a standard design and of a scale and massing that significantly departs from the prevailing density of development and these facts coupled with the removal of the front garden area and trees and shrubs to form car parking would have a significant adverse impact on the character and appearance of this part of the Grove Consideration 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;

 

(ii) the proposed development contravenes Policy 15(a) of the adopted Dundee Local Plan Review 2005 because the design, massing and finishing materials of the proposed development are inappropriate for its surroundings, Policy 15(b) because the footprint of the proposed buildings is excessive, Policy 15(d) because the development does not respect the prevailing densities in the area and Policy 15(h) because extensive removal of trees and shrubs is proposed. 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;

 

(iii) the proposed development, and in particular the west facing balconies and south facing windows, would lead to unacceptable overlooking of adjoining properties and unacceptable overshadowing of the house and garden to the west contrary to Policies 1 and 10(a) of the adopted Dundee Local Plan Review 2005; and

 

(iv) the level of car parking proposed for the development is insufficient and would lead to overspill parking on Albert Road to the detriment of the amenities of adjoining occupiers and contrary to Policies 1 and 10(d) of the adopted Dundee Local Plan Review 2005.

 

(d) 07-00100-CON - WESTBAY, 36 ALBERT ROAD, BROUGHTY FERRY - DEMOLITION OF EXISTING NURSING HOME - FOR ALAN HUNTER

 

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

 

(e) 06-01121-FUL - LAND TO THE WEST OF SMITH STREET - ERECTION OF 21 FLATS - FOR BBK ASSOCIATES

 

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

 

(i) the proposal fails to comply with Policy 4 of the Dundee Local Plan Review 2005 as the proposal is for a flatted development, which is not supported by Appendix 1 of that Policy. The applicant has failed to fully justify the principle of flats at this location. 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 2: Housing Land Release of the Dundee Local Plan Review 2005 as it does not comply with the housing standards contained in Appendix 1 of the Local Plan. It is not considered that the proposal makes a positive contribution to the choice of housing available in the local area. There are no material considerations that would justify approval of the application contrary to the provisions of the Development Plan.

 

(f) LAND NORTH OF NURSING HOME, HARESTANE ROAD - ERECTION OF 8 DETACHED HOUSES WITH NEW ACCESS ROAD - FOR KILDONAN HOMES

 

This application was withdrawn.

 

(g) LAND TO THE WEST OF PITKERRO MILL, KELLAS ROAD - ERECTION OF 6 HOUSES AND GARAGES - FOR BROWN HOMES

 

This application was deferred.

 

(h) 06-01092-OUT - LAND NORTH OF BALDRAGON, NORTH WEST OF STRATHMARTINE - OUTLINE CONSENT FOR ERECTION OF 4 DWELLINGHOUSES - FOR MR G SCOTT

 

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

 

(i) 07-00020-COU - 1 BUCHANAN STREET - CHANGE OF USE FROM WORKSHOP AND STORE TO 3 FLATS - FOR ANDERSON PROPS

 

The Committee refused the application on the grounds that:-

 

(i) the proposal is contrary to Policy 26 of the Dundee Local Plan 2005 because it involves a residential development in an area allocated for economic development uses in circumstances where a satisfactory standard of residential amenity cannot be provided, where there would be conflicts with existing business uses and where there is no evidence that the site is unsuitable for economic development purposes. There are no material considerations that would justify approval of the application contrary to the provisions of the Development Plan; and

 

(ii) the proposed development is contrary to Policy 4 of the Dundee Local Plan Review 2005 as no garden ground is provided with the flats as set out in Appendix 1 of that policy. There are no material considerations that would justify approval of the application contrary to the provisions of the Development Plan.

 

(j) 07-00108-FUL - 283 PERTH ROAD - CHANGE OF USE WITH ELEVATIONAL ALTERATIONS FROM FORMER HMO TO 3 APARTMENTS - FOR SOLERA ASSOCIATES

 

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

 

(k) 07-00101-LBC - 283 PERTH ROAD - ALTERATIONS TO FORM 3 APARTMENTS - FOR SOLERA ASSOCIATES.

 

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

 

(l) 06-01057-COU - 95A DUNDEE ROAD - CHANGE OF USE FROM VACANT OFFICE TO FORM 2 FLATS AND ERECTION OF DWELLINGHOUSE - FOR IAN FINNIE

 

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

 

(i) the insertion of a large new house into a small plot and so close to the villa at 95 Dundee Road does not respect the prevailing low density of the area and results in inadequate privacy distances being provided between the dwellings and insufficient private garden ground being provided for the new house contrary to Policy 4(b) and Appendix 1 of the adopted Dundee Local Plan Review 2005;

 

(ii) the proposed development contravenes Policy 15(a) of the adopted Dundee Local Plan Review 2005 because the design and finishing materials for the proposed new house are inappropriate for its surroundings, Policy 15(b) because the footprint of the proposed development exceeds the maximum limit of one and a half times the footprint of the original house, taking into account other development within the grounds of 95 Dundee Road and Policy 15(d) because the development does not respect the prevailing densities in the area. The failure to comply with these policies results in a development that runs counter to the aims of Policy 15 to protect the character of low density parts of the city; and

 

(iii) the impact of inserting a large new house of inappropriate design and finishing materials so close to the existing building at 95 Dundee Road would have a detrimental impact on the character and appearance of this part of the West Ferry 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.

 

(m) 06-00584-FUL - LAND TO THE EAST OF 3 GIBSON TERRACE - ERECTION OF TWO STOREY HOUSE AND GARAGE - FOR P INGLIS

 

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

 

(n) 06-01171-FUL - 35 BRINGTON ROAD - CONSERVATORY WITH BLOCKWORK FIREWALL (RETROSPECTIVE) - FOR M C LAMB

 

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

 

(o) 07-00058-FUL - LAND TO WEST OF WOODCROFT, 69 DUNDEE ROAD, BROUGHTY FERRY - ERECTION OF DETACHED DWELLINGHOUSE - FOR MR AND MRS J PICKETT

 

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

 

(i) the proposed development contravenes Policy 4(b) of the adopted Dundee Local Plan Review 2005 because the development does not respect the prevailing low density in the area;

 

(ii) the proposed development contravenes Policy 15(b) of the adopted Dundee Local Plan Review 2005 because the footprint of the proposed house substantially exceeds the maximum limit of one and a half times the footprint of the original house, Policy 15(d) because the development does not respect the prevailing densities in the area and Policy 15(i) because 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; and

 

(iii) the impact of inserting a large house close to the existing house ("Woodcroft") in such a prominent location would detract from the open character of the area and would therefore have a detrimental impact on the character and appearance of this part of the West Ferry 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.

 

(p) 07-00063-FUL - LAND NORTH EAST OF CAMPFIELD SQUARE, BROUGHTY FERRY - ERECTION OF NEW OPTICIANS - FOR BRACEWOOD DEVELOPMENTS LIMITED

 

After considering objections received, the Committee refused the application on the grounds that the proposed development is contrary to Policy 1 of the Dundee Local Plan Review 2005 in terms of failing to provide adequate customer parking, affecting the visibility at the car park access and raising concerns relating to traffic and pedestrian conflicts within the servicing area. There are no material considerations that would justify a departure to the provisions of the development plan in this instance.

 

(q) 07-00064-FUL - LAND NORTHWEST OF CAMPFIELD SQUARE, BROUGHTY FERRY - ERECTION OF RETAIL UNIT - FOR BRACEWOOD DEVELOPMENTS LIMITED

 

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 2005 in terms of manoeuvrability of vehicles within the service and parking areas and raises concerns in terms of pedestrian and traffic safety. There are no material considerations that would justify a departure to the provisions of the development plan in this instance; and

 

(ii) the loss of a landscaped area to create new parking spaces is not desirable as this landscaping provided an important screening function from the servicing area and parking spaces to the residential properties nearby. There are no material considerations that would justify the loss of this landscaped area in this instance.

 

(r) 07-00102-FUL - 6 JANEFIELD PLACE - PROPOSED ERECTION OF CONSERVATORY - FOR MR FALLON AND MRS KNIGHT

 

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

 

(i) the proposed development is contrary to Policy 14 of the Dundee Local Plan Review 2005 due to overlooking, loss of privacy and design. 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 Maryfield Conservation Area due to the design of the conservatory, in particular, the manner in which it is attached to the dwelling 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.

 

(s) 07-00128-FUL - 81 FINTRY ROAD, DUNDEE - INSTALLATION OF AUTOMATED TELLER MACHINE - FOR BANK MACHINE LIMITED

 

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

 

(t) 07-00132-FUL - 24 ARGYLE STREET - EXTENSION OF GARDEN STORAGE BUILDING - FOR MR AND MRS W ANDERSON

 

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

 

(u) 07-00148-FUL - 68 JOHNSTON AVENUE - ALTERATIONS TO ROOF TO PROVIDE PITCHED ROOF AND DORMER - FOR MR AND MRS DOCHERTY

 

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

 

(v) 07-00159-FUL - DENS PARK, SANDEMAN STREET - EXTENSION TO EXISTING HOSPITALITY LOUNGE - FOR DUNDEE FOOTBALL CLUB

 

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

 

(w) 07-00222-FUL - 28A DURA STREET - ERECTION OF TIMBER CLAD FENCE AND CONCRETE RETAINING WALL - FOR LIDL UK GMBH

 

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

 

II PLANNING APPEAL DECISIONS

 

There was submitted Agenda Note AN129-2007 advising of the undernoted planning appeal decisions:-

 

(a) 11 ELIE AVENUE, BROUGHTY FERRY, DUNDEE - EXTENSION TO DWELLINGHOUSE

 

Reference was made to Article 1(i) of the minute of meeting of this Committee of 22nd May, 2006 wherein the above proposal was refused planning permission because the Council considered that the proposal was contrary to Policy 14 of the adopted Dundee Local Plan Review 2005 due to the scale of the proposal and the adverse impact the extension would have on the amenity of neighbours (loss of daylight and sunlight).

 

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 had been dismissed.

 

(b) LAND SOUTH OF BERWICK DRIVE, WHITFIELD, DUNDEE - ERECTION OF 15 METRE TELECOMS MONOPOLE, ANTENNAS AND EQUIPMENT CABINET

 

Reference was made to Article 1(c) of the minute of meeting of this Committee of 22nd May, 2006 wherein the above proposal was refused planning permission because the Council considered that the proposals would adversely affect the visual amenity of the area; would have an adverse impact on trees and would obscure sightlines for drivers (contrary to Policy 78 of the adopted 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 had been upheld with conditions relating to the colour of the mast, limitations on noises from the plant or equipment, and removal of the equipment if it became obsolete or redundant.

 

(c) PLAYING FIELD SOUTH OF CERES CRESCENT, BARNHILL - 22 METRE HIGH CYPRESS TREE - TYPE TELECOMMUNICATIONS MAST WITH ANTENNAS AND EQUIPMENT CABINETS

 

Reference was made to Article 1(b) of the minute of meeting of this Committee of 22nd May, 2006 wherein the above proposal was refused planning permission because the Council considered that the proposal was contrary to the Council's non statutory policies (Policies 2 and 7) in connection with telecommunications apparatus as detailed in Policy 78 of the Dundee Local Plan Review (DLPR) 2005 (proximity to residential property and the playing field); would adversely affect the retention and survival of healthy and mature trees contrary to Policy 72 of the DLPR; and would be contrary to Policy 1 of the DLPR (potential adverse impact on the amenity of local residents due to the structure's height and scale).

 

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 had been upheld with conditions relating to removal of the installation if/when obsolete or redundant; details of tree removal and protection; details of future tree maintenance; details of programmes of work for construction and subsequent maintenance of the installation.

 

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

 

There was submitted Report No 187-2007 by the Director of Planning and Transportation advising of the actions taken in dealing with dangerous buildings during the month of February.

 

The Committee noted the terms of the Report.

 

 

 

 

Roderick A J WALLACE, Convener.