Planning Committee (including Former Development Management And Development Quality) - 18/06/2007

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 18th June, 2007.

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 4th June, 2007 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 07-00170-FUL - 77 HIGH STREET, DUNDEE - CONSTRUCTION OF SMOKING CANOPY - FOR THE NOBLE ORGANISATION

After considering objections received, the Committee refused the application on the grounds that the proposed development detracts from the setting of the Category A listed buildings at 77-78 High Street to the east and 75-76 High Street to the west by reason of its design and finishing materials, 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 to have special regard to the desirability of preserving the setting of listed buildings. There are no material considerations that would justify the approval of this application contrary to the provisions of the Development Plan.

(b) 07-00169-LBC - 77 HIGH STREET, DUNDEE - CONSTRUCTION OF SMOKING CANOPY - FOR THE NOBLE ORGANISATION

After considering objections received, the Committee refused the application on the grounds that the proposed development detracts from the setting of the adjoining Category A listed buildings by reason of its design and finishing materials contrary to the statutory duty set out in Section 14 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to have special regard to the desirability of preserving the setting of listed buildings.

(c) 07-00240-FUL - 77 HIGH STREET, DUNDEE - CONSTRUCTION OF EXTERNAL SMOKING CANOPY - FOR THE NOBLE ORGANISATION

After considering objections received, the Committee refused the application on the grounds that the proposed development detracts from the setting of the Category A listed buildings at 77-78 High Street to the east and 75-76 High Street to the west by reason of its design and finishing materials and the brightly illuminated amusement with prizes machines, 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 to have special regard to the desirability of preserving the setting of listed buildings. There are no material considerations that would justify the approval of this application contrary to the provisions of the Development Plan.

(d) 07-00239-LBC - 77 HIGH STREET, DUNDEE - CONSTRUCTION OF EXTERNAL SMOKING CANOPY - FOR THE NOBLE ORGANISATION

After considering objections received, the Committee refused the application on the grounds that the proposed development detracts from the setting of the adjoining Category A listed buildings by reason of its design and finishing materials and the brightly illuminated amusement with prizes machines contrary to the statutory duty set out in Section 14 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to have special regard to the desirability of preserving the setting of listed buildings.

(e) 07-00300-FUL - LAND SOUTH OF SOUTH VICTORIA DOCK ROAD - ERECTION OF RESIDENTIAL DEVELOPMENT OF SEVENTY FIVE DWELLINGS AND ONE RETAIL UNIT - FOR LINDORES LIMITED

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

(f) 07-00335-FUL - LAND TO NORTH OF HONEYGREEN ROAD - ERECTION OF TWENTY EIGHT DWELLINGS AND SUDS DETENTION BASIN - FOR HOME SCOTLAND

Councillor Bidwell declared a non-financial interest in this item by virtue of being a member of the Dundee Area Committee of Home Scotland.

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

(g) 06-00892-FUL - LAND TO THE WEST OF PITKERRO MILL, KELLAS ROAD - ERECTION OF SIX HOUSES AND GARAGES

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-mentioned 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 the proposed development would add to potential flooding problems, would adversely affect the nature conservation value of the site, would add to traffic safety and congestion problems and would detract from the visual amenity of the area.

(h) 06-01045-OUT - 5 ARNHALL GARDENS - OUTLINE PERMISSION FOR THE ERECTION OF THREE DWELLINGS - FOR PROFESSOR S PITMAN

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to the above-mentioned 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 Councillor Hay, moved refusal of the application on the grounds that the proposed development was contrary to Policies 4 and 61 of the Dundee Local Plan in that it represented over-development within an area of established low density and it did not preserve or enhance the character of the surrounding Conservation Area.

As an amendment, the Convener, seconded by Councillor Keenan, 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 - Bailie Scott and Councillors Asif, McCready, Morrow, Macpherson, Dick, Guild, Barrie, Black, Andrew Dawson, Don, Duncan, Fordyce, Hunter, Lynn, Roberts and Hay (17); and for the amendment - the Convener, Lord Provost Letford, Bailies Wright, Sawers and Borthwick, Councillors Keenan, Bidwell, Ferguson and Gordon (9) - whereupon the motion was declared carried.

(i) 06-01041-CON - 5 ARNHALL GARDENS - DEMOLITION OF SINGLE STOREY DWELLINGHOUSE - FOR PROFESSOR S PITMAN

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

(j) 07-00097-FUL - LAND NORTH OF FALKLAND CRESCENT, BROUGHTY FERRY - ERECTION OF THREE HOUSES - FOR PETER INGLIS ARCHITECT

The Committee acceded to a request for a deputation to address the Committee relative to objections to the above-mentioned 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 would lead to traffic and pedestrian safety and congestion issues particularly due to the proximity of the proposed new vehicular accesses to the entrance to Barnhill Primary School and the fact that Falkland Crescent is heavily used by parents and carers dropping off and collecting children attending the school;

(ii) the proposed development would result in overlooking and overshadowing of the dwellings at Elie Place to the north of the site by reason of the elevated nature of the site and the relationship of the proposed houses and their open terraces to the houses on Elie Place. The extent of overlooking and overshadowing is contrary to Policy 4 and Appendix 1 of the adopted Dundee Local Plan Review 2005;

(iii) the design of the proposed development was inappropriate for its surroundings and relates poorly to the design of the adjoining dwellings; and

(iv) the proposed development would result in the loss of an attractive area of open space which contributed to the visual amenity of the area and was used by local residents for active recreational purposes.

(k) 07-00219-COU - 36-40 SEAGATE - CONVERSION OF FIRST, SECOND, THIRD AND FOURTH FLOORS TO TWENTY FOUR FLATS AND CONSTRUCTION OF NEW ESCAPE STAIR LINKS AND PLANT - FOR WHITBURN INVESTMENTS LIMITED

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

(l) 07-00220-LBC - 36 TO 40 SEAGATE - CONVERSION OF FIRST, SECOND, THIRD AND FOURTH FLOORS TO TWENTY FOUR FLATS AND CONSTRUCTION OF NEW ESCAPE STAIR LINKS AND PLANT - FOR WHITBURN INVESTMENTS LIMITED

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

(m) 60 MAINS LOAN - CHANGE OF USE FROM STORE TO DWELLING INCLUDING ELEVATIONAL ALTERATIONS - FOR DONALD SOUTAR

This application was withdrawn.

(n) 07-00155-FUL - 137A BROUGHTY FERRY ROAD - ERECTION OF TWO STOREY RESTAURANT AND CAR PARK - FOR MR MICHAEL CHAN

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 Morrow, seconded by Councillor Macpherson 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) development shall not begin until a scheme to deal with any potential contamination on the site has been submitted to and approved in writing by the planning authority. The scheme shall contain details of proposals to deal with contamination to include:-

(a) the nature, extent and type(s) of contamination on the site;

(b) measures to treat/remove contamination to ensure the site is fit for the use proposed;

(c) measures to deal with contamination during construction works; and

(d) condition of the site on completion of decontamination measures.

Before any unit is occupied, the measures to decontaminate the site shall be fully implemented as approved by the planning authority;

(iv) total noise from the ventilation/extraction system shall not exceed NR45 from 07.00 to 23.00 hours and NR35 from 23.01 to 06.59 hours as measured one metre external to any residential premises;

(v) no takeaway facility shall be operated from the site;

(vi) the premises shall not be open to members of the public after 23.00 hours and before 12.00 hours;

(vii) within six months of the first use of the building, trees and shrubs shall be planted on the site in accordance with a scheme which has been submitted to and approved by the City Council prior to the commencement of development. 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;

(viii) arrangements for parking, servicing and access to the site shall be in accordance with the terms of the letter from ARCH(id) dated 22/5/07 and the layout plan submitted with that letter; and

(ix) a 1.8 metres high trespass proof fence to a design which has been approved in writing by the Council shall be provided adjacent to Network Rail's boundary;

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 site is fit for the use proposed; to accord with the stated intentions of the applicants and to prevent the potential adverse impacts of a late night takeaway facility on residential amenity; to ensure that the building is not used in a manner prejudicial to or likely to cause nuisance or disturbance to the occupiers of nearby properties; in the interests of traffic and pedestrian safety; and to prevent incursion onto the railway track.

As an amendment, the Convener, seconded by Councillor Keenan moved refusal of the application on the grounds that the proposed development contravenes Policies 1 and 53 of the adopted Dundee Local Plan review 2005 due to its proximity to nearby houses and the adverse impact of vehicle turning movements at this location and noise and disturbance from the development. There are no material considerations that would justify approving the application contrary to the provisions of the Development Plan.

On a division, there voted for the motion - Bailies Wright and Sawers, and Councillors Morrow, Macpherson, Barrie, Black, Andrew Dawson, Don, Fordyce and Hunter (10); and for the amendment - the Convener, Lord Provost Letford, Bailie Borthwick and Councillors Keenan, Asif, Bidwell, Ferguson, Gordon, McCready, Dick, Guild, Duncan, Lynn, Roberts and Hay (15) - Bailie Scott declining to vote as he was absent during part of the deliberations - whereupon the amendment was declared carried.

(o) 07-00143-FUL - LAND NORTH OF DICK McTAGGART SPORTS CENTRE, OLD GLAMIS ROAD - PROPOSED INDOOR SOCCER CENTRE - FOR NORTHWIND LEISURE (DUNDEE) LIMITED

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to the above-mentioned 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. Lord Provost Letford intimated his dissent from the foregoing decision.

(p) 07-00229-COU - 69 VICTORIA STREET - CHANGE OF USE FROM TEMPORARY DANCE STUDIO WITH RESTRICTIVE HOURS OF OPERATION TO DANCE STUDIO, OTHER SPORTS AND A FUNCTION ROOM FOR LICENSED PRIVATE FUNCTIONS UNTIL MIDNIGHT - FOR MORGAN BRANNAN

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

(q) 07-00367-ADV - 101 CHARLESTON DRIVE - RETENTION OF ILLUMINATED FREE STANDING SIGN - FOR A MOHAMMED

After considering objections received, the Committee refused the application on the grounds that the proposal is considered to be contrary to Policy 63 of the Dundee Local Plan Review 2005 due to its prominence and the resulting negative effect upon the vitality of the nearby shopping parade and shop frontages.

(r) 07-00257-COU - 92 ARBROATH ROAD - CHANGE OF USE FROM THREE BEDROOM FLAT TO FOUR BEDROOM HOUSE OF MULTIPLE OCCUPANCY - FOR MR D HODGE

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

(i) the proposed change of use is contrary to criteria (a) and (c) of Policy 11 - (Houses in Multiple Occupation) of the Dundee Local Plan Review 2005 because it is a flat with a shared entrance, outwith the City Centre and will have a detrimental impact on residential amenity. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the terms of this policy; and

(ii) the proposed change of use is contrary to Policy HMO3 of the Supplementary Planning Guidance to the Dundee Local Plan review 2005, as the development does not comply with criteria (a) and (c) because it is a flat with a shared entrance, outwith the City Centre and will have a detrimental impact on residential amenity. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the terms of this policy.

(s) 07-00372-FUL - 44 HILLSIDE ROAD - FORMATION OF DORMER TO EAST ELEVATION AND REPLACEMENT OF EXISTING INTERNAL STAIRCASE - FOR DR JANICE RATTRAY

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to the above-mentioned 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 Convener, seconded by Councillor Black, moved approval of the application subject to the conditions recommended by the Director of Planning and Transportation and an additional condition that the proposed dormer window be glazed with obscure glass.

As an amendment, Councillor Morrow, seconded by Councillors Keenan, 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 - the Convener and Councillors Barrie, Black, Fordyce, Roberts and Hay (6); and for the amendment - Lord Provost Letford, Bailies Wright, Sawers, Scott and Borthwick, and Councillors Keenan, Asif, Bidwell, Ferguson, Gordon, McCready, Morrow, Macpherson, Dick, Guild, Andrew Dawson, Don, Duncan, Hunter and Lynn (20) - whereupon the amendment was declared carried.

(t) 07-00285-COU - 1 FAIRMUIR STREET - CHANGE OF USE FROM SLATER'S YARD TO CAR SALES - FOR DUDHOPE NO 2 LTD

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

(u) 07-00282-FUL - THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, 22-26 BINGHAM TERRACE - EXTENSION TO WEST ELEVATION OF PLACE OF WORSHIP - FOR THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS

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

II PLANNING APPEAL DECISION, 22 WEST SCHOOL ROAD - REPLACEMENT OF LOUNGE AND WINDOW WITH FRENCH DOORS AND ERECTIONOF STEPS AND DECKING TO FLAT

There was submitted Agenda Note AN175-2007, making reference to Article II of this Committee of 28th August, 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 due to its impact on the appearance of the building and the privacy enjoyed by adjoining residents. Also, the Council considered that to approve the proposal would create an undesirable precedent for similar developments in the adjacent and similar buildings.

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.

III WEST GREEN PARK - AMENDMENT TO PHASING OF DEVELOPMENT

There was submitted Agenda Note AN176-2007 advising that the developer of the above site had requested an amendment to the Section 75 Agreement in order to amend the phasing of the redevelopment.

The Committee agreed to the change in phasing and any necessary variation to the Section 75 Agreement.

IV PLANNING APPEALS PERFORMANCE

There was submitted Report No 218-2007 by the Director of Planning and Transportation advising the Committee of the Council's planning appeals performance for the year 2006/2007.

The Committee noted the contents of the report.

V PLANNING ENFORCEMENT AND TREE PROTECTION PERFORMANCE 2006/2007

There was submitted Report No 219-2007 by the Director of Planning and Transportation advising the Committee of the nature and extent of planning enforcement activity for the year 2006/2007, together with information for the same period on tree preservation work.

The Committee noted the contents of the report and reaffirmed its approach to planning enforcement and tree preservation.

VI PERFORMANCE INDICATORS FOR DEVELOPMENT QUALITY 2006/2007

There was submitted Report No 220-2007 by the Director of Planning and Transportation advising the Committee of aspects of Development Quality performance for the year 2006/2007 in relation to Scottish Executive targets and Key Performance Indicators from the Planning and Transportation Service Plan 2004-2007.

The Committee agreed to:-

(a) note the trends in performance of the Development Quality service;

(b) reaffirm the approach to quality of planning decision making as its predominant requirement while at the same time seeking the adoption of any measures which will increase the speed of decision and whilst otherwise further improving the standard of service to customers and the service;

(c) acknowledge the major challenge which the Development Quality service faces in maintaining present levels of performance in the face of the issues raised in the report; and

(d) authorise the Director of Planning and Transportation to review the levels and management of resources in the context of the present and likely future workload of the Development Quality service and in relation to implementation of the Planning etc (Scotland) Act 2006 and to report to Committee with recommendations.

VII PLANNING ENFORCEMENT CHARTER

There was submitted Report No 331-2007 by the Director of Planning and Transportation advising the Committee of the implications of the Planning etc (Scotland) Act 2006 for planning enforcement and seeking approval for a Planning Enforcement Charter.

The Committee agreed to:-

(a) note the implications of the Planning etc (Scotland) Act 2006 for planning enforcement;

(b) approve the contents of the Planning Enforcement Charter as contained in Appendix 1 to the report and make the document available on the Council's website and by other means to a range of stakeholders and the general public; and

(c) receive further reports in due course outlining the full implications of the further duties which the new Act will place on the Council once the provisions of the legislation are enacted by Regulations.

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

There was submitted Report No 268-2007 by Director of Planning and Transportation advising the Committee of action taken in dealing with dangerous buildings during April 2007.

The Committee noted the contents of the report.

Roderick A J WALLACE, Convener.