Planning Committee (including Former Development Management And Development Quality) - 20/08/2007

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 20th August, 2007.

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 18th June, 2007 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 07-00408-FUL - 2 STAFFA PLACE - ERECTION OF 4 TOWNHOUSES AND DEMOLITION OF EXISTING GARAGE/WORKSHOP AND REPLACEMENT - FOR WARD BUILDING SERVICES LTD

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

(i) the proposal does not comply with Policy 24 of the Dundee Local Plan Review 2005 as a residential use does not fall into the permitted classes within a Principal Economic Development Area and there are no material considerations that would justify the approval of the application contrary to the provisions of the Development Plan;

(ii) the proposal does not comply with Policy 1 of the Dundee Local Plan Review 2005 as the increase in the use of the existing access is not acceptable on road safety grounds and there are no material considerations that would justify the approval of the application contrary to the provisions of the Development Plan;

(iii) the proposal does not comply with Policy 15 of the Dundee Local Plan Review 2005 as the form of development would not complement the surroundings in terms of scale and appearance and as such does not comply with part (a) of the policy. The total footprint of the new houses would exceed one and a half times the footprint of the original main house and as such, the proposal does not comply with part (b) of Policy 15 of the Dundee Local Plan Review 2005 and there are no material considerations that would justify the approval of the application contrary to the provisions of the Development Plan; and

(iv) the proposal does not provide the amount of private useable garden ground or parking spaces per dwelling as required by Policy 4 (Appendix 1) of the Dundee Local Plan Review 2005 and therefore fails to comply with this policy and there are no material considerations that would justify the approval of the application contrary to the provisions of the Development Plan.

(b) 07-00407-FUL - LAND TO WEST OF WEST VICTORIA DOCK ROAD - ERECTION OF 2 OFFICE BUILDINGS - FOR UNICORN PROPERTY GROUP

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, Councillor Black, seconded by Councillor Duncan, moved refusal of the application on the grounds that:-

(i) the proposed development would be subjected to an unacceptable risk of flooding being situated below the 5 metres contour considered to represent the 1 in 200 probability of flooding which SPP7 Planning and Flooding states should be adhered to. In the absence of any flood defence measures, the proposed development would therefore contravene Policy 76: Flood Risk of the adopted Dundee Local Plan Review 2005;

(ii) the proposed development, by reason of its excessive height and bulk and its unsatisfactory design, would detract from the surrounding area which contains the Category A listed buildings at Victoria Dock and the former Harbour Workshops and Patent Slip, contrary to Policy 55 of the adopted Dundee Local Plan Review 2005; and

(iii) the proposed development represents an unsustainable form of development typified by the lack of any use of renewable energy and the use of a conventional heating system.

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 Black, Andy Dawson, Duncan, Hunter and Roberts (6); and for the amendment - the Convener, Lord Provost Letford, Bailie Wright and Councillors Keenan, Asif, Ferguson, Gordon, McCready, Morrow, Macpherson, Dick, Guild, Barrie, Bowes, Will Dawson and Fordyce (16) - whereupon the amendment was declared carried.

(c) 07-00390-FUL - BARNETTS OF DUNDEE LTD, RIVERSIDE DRIVE - DEMOLITION OF EXISTING BUILDING AND ERECTION OF REPLACEMENT CAR SHOWROOM AND WORKSHOP AND ALTERATIONS TO EXISTING BUILDING - FOR BARNETTS OF DUNDEE

Councillor Macpherson intimated a non-financial interest in this item by virtue of being a customer of Barnetts of Dundee and took no part in the discussion thereof.

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

(d) 07-00086-FUL - 6 TO 8 LYON STREET - PROPOSED BLOCK OF 3 FLATS - FOR ANDERSON PROPERTIES

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

(e) 07-00334-FUL - 13 TO 27 UNION PLACE - EXTERNAL ALTERATIONS TO 13-27 UNION PLACE AND INTERNAL ALTERATIONS TO FLATS ON FIRST, SECOND, THIRD AND FOURTH FLOOR OF 19-25 UNION PLACE FROM 12 X 3 BEDROOM FLATS TO FORM 12 X 2 BEDROOM AND 12 X 1 BEDROOM FLATS - FOR SPRINGFIELD PROPERTY GROUP

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 Policy 4 - Design of New Housing of the Dundee Local Plan Review 2005 as the proposed flats do not meet the minimum gross internal floor area and there is no additional car parking provision all as detailed in Appendix 1. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy;

(ii) the proposed development is contrary to Policy 61 - Development in Conservation Areas of the Dundee Local Plan Review 2005 as the new windows will adversely affect the appearance of the building and the Conservation Area. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy; and

(iii) the proposed development is contrary to Policy 1 - Vibrant and Sustainable Communities of the Dundee Local Plan Review 2005 as the proposal does not comply with other policies in the Plan and the increase in the number of flats will have an adverse effect on the environmental quality enjoyed by local residents by virtue of lack of parking. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy.

(f) 20 BARNES AVENUE - ERECTION OF 1.5 STOREY DWELLINGHOUSE IN GARDEN GROUND - FOR MISS ROBERTSON

This application was withdrawn.

(g) 07-00283-FUL - SHABNAM, CLARENDON DRIVE - TWO STOREY EXTENSION TO REAR OF EXISTING HOUSE - FOR MR & MRS OKHAI

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, it was thanked for its attendance and withdrew.

Thereafter, having considered objections received, Councillor Macpherson, seconded by Councillor Dick, moved refusal of the application on the grounds that:-

(i) the proposal is contrary to Policy 14 in that it will have an adverse impact upon visibly prominent elevations of the dwelling;

(ii) the proposal fails to comply with Policy 14 of the Dundee Local Plan Review 2005 in that the proposed design and materials do not respect the character of the existing building and there are no material considerations that would justify a departure from the provisions of the development plan in this instance; and

(iii) the design and materials of the proposal fail to preserve or enhance the character of the surrounding Conservation Area as required by Policy 61 of Dundee Local Plan Review 2005 and there are no material considerations that would justify a departure from the provisions of the development plan in this instance.

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 Macpherson, Dick and Duncan (4); and for the amendment - the Convener, Lord Provost Letford, Bailie Wright and Councillors Keenan, Asif, Ferguson, Gordon, McCready, Morrow, Guild, Barrie, Black, Bowes, Andy Dawson, Will Dawson, Fordyce, Hunter and Roberts (18) - whereupon the amendment was declared carried.

(h) 06-01190-FUL - 314 STRATHMARTINE ROAD - SINGLE STOREY EXTENSION TO REAR - FOR MR RASHID

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

(i) 07-00398-FUL - 77 MAINS DRIVE - DEMOLITION OF EXISTING GARAGE AND ERECTION OF STONE BUILT STORE - FOR MR GEORGE MATHER

After considering objections received, the Committee refused the application on the grounds that the proposed development is contrary to Policy 14 due to the impact on the prominent elevations of the neighbouring property, loss of light and the design and materials. In addition, there is inadequate information to make a thorough assessment of this proposal. There are no material considerations that would justify a departure to the provisions of the development plan in this instance.

(j) 07-00336-FUL - 114 BROOK STREET, BROUGHTY FERRY - INSTALLATION OF ROOF PLANT - FOR MARKS & SPENCER PLC

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

(k) 07-00351-FUL - 24 CASTLEROY ROAD - TWO STOREY EXTENSION TO NORTH ELEVATION OF DWELLING - FOR MR & MRS I DICK

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 loss of natural light to neighbouring properties and that less than 50% of the original garden ground will be retained. There are no material considerations that would justify a departure to the provisions of the development plan in this instance.

(l) 07-00380-COU - LAND NORTH OF FORFAR ROAD SERVICE STATION - CHANGE OF USE OF GROUND TO CAR PARKING AREA - FOR PFS SEBASTIAN NONIS

Councillor Gordon declared a non-financial interest in the above item by virtue of having previously expressed his views on the use of the site 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 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 approved the application subject to the conditions recommended by the Director of Planning and Transportation, together with an additional condition (vi) that prior to the use of the proposed car park becoming operational, details of litter collection and disposal, including the provision of litter bins, shall be submitted in writing to the Council for approval, and once approved, the permission should be implemented solely in accordance with this proposed scheme, in the interests of amenity.

(m) 07-00560-FUL - 6 DAWSON ROAD, BROUGHTY FERRY - ERECTION OF GARAGE AND GARDEN STORE - FOR MR & MRS M NISBIT

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

(n) 117 ALBERT STREET - CHANGE OF USE TO HOT FOOD TAKEAWAY - FOR IAN TAIT

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 agreed to defer consideration of this application for one month to allow the applicant to submit full details of the proposed ventilation for the premises.

(o) 07-00496-FUL - 8 TIRCARRA PLACE, BROUGHTY FERRY - PROPOSED DECKING TO REAR ELEVATION OF HOUSE - FOR MR D PENMAN

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

(p) 07-00425-FUL - 40 NETHERGATE - ERECTION OF EXTERNAL CANOPIES TO NORTH AND WEST ELEVATIONS - FOR G AND B MORRISON

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

(i) the proposed development is contrary to Policy 60 - Alterations to Listed Buildings of the Dundee Local Plan Review 2005 as it does not preserve or enhance the architectural character of the building and will diminish its architectural integrity. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy;

(ii) the proposed development is contrary to Policy 61 - Development in Conservation Areas of the Dundee Local Plan Review 2005 as it does not preserve or enhance the character of the area. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy; and

(iii) the proposed canopies are likely to have an adverse impact on the effective operation of the Public Space CCTV system on both Union Street and Nethergate frontages and will also be likely to encourage patrons to obstruct part of the footway which would have a detrimental impact on the safety of pedestrians.

(q) 07-00423-LBC - 40 NETHERGATE - ERECTION OF EXTERNAL CANOPIES TO NORTH AND WEST ELEVATIONS - FOR G AND B MORRISON

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, the Committee refused the application on the grounds that the proposals fail to comply with the provisions of Section 14 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act as they will have a detrimental impact on the features of special architectural interest which the building possesses and there are no material considerations of sufficient weight to justify the granting of listed building consent contrary to the terms of that legislation.

(r) 07-00267-ADV - LAND OPPOSITE WHITEHALL CRESCENT - ERECTION OF FREE STANDING DOUBLE SIDED ILLUMINATED ADVERT UNIT - FOR CLEAR CHANNEL UK LTD

After considering objections received, Councillor Black, seconded by Councillor Roberts, moved refusal of the application on the grounds that:-

(i) the proposed advertisement structure would have an adverse impact on the appearance of the Conservation Area by virtue of its design and location contrary to the provisions of Policy 61 and 63 of the Dundee Local Plan Review 2005 and there are no material considerations which would justify a departure to the provisions of the development plan in this instance; and

(ii) the proposed advertisement structure would, due to its location, have an adverse impact on pedestrian safety contrary to the provisions of Policy 63 of the Dundee Local Plan Review 2005 and there are no material considerations which would justify a departure to the provisions of the development plan in this instance.

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 Barrie, Black, Bowes, Andy Dawson, Will Dawson, Duncan, Fordyce, Hunter and Roberts (10); and for the amendment - the Convener, Lord Provost Letford, Bailie Wright and Councillors Keenan, Asif, Ferguson, Gordon, McCready, Morrow, Macpherson, Dick and Guild (12) - whereupon the amendment was declared carried.

(s) 07-00268-ADV - LAND OPPOSITE 104 NETHERGATE - ERECTION OF FREE STANDING DOUBLE SIDED ILLUMINATED ADVERT UNIT - FOR CLEAR CHANNEL UK LTD

After considering objections received, Councillor Black, seconded by Councillor Roberts, moved refusal of the application on the grounds that:-

(i) the proposed advertisement structure would have an adverse impact on the appearance of the Conservation Area by virtue of its design and location contrary to the provisions of Policy 61 and 63 of the Dundee Local Plan Review 2005 and there are no material considerations which would justify a departure to the provisions of the development plan in this instance; and

(ii) the proposed advertisement structure would, due to its location, have an adverse impact on pedestrian safety contrary to the provisions of Policy 63 of the Dundee Local Plan Review 2005 and there are no material considerations which would justify a departure to the provisions of the development plan in this instance.

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 Barrie, Black, Bowes, Andy Dawson, Will Dawson, Duncan, Fordyce, Hunter and Roberts (10); and for the amendment - the Convener, Lord Provost Letford, Bailie Wright and Councillors Keenan, Asif, Ferguson, Gordon, McCready, Morrow, Macpherson, Dick and Guild (12) - whereupon the amendment was declared carried.

(t) 07-00319-ADV - LAND OPPOSITE 53 MURRAYGATE - ERECTION OF FREE STANDING DOUBLE SIDED ILLUMINATED ADVERT UNIT - FOR CLEAR CHANNEL UK LTD

After considering objections received, Councillor Black, seconded by Councillor Roberts, moved refusal of the application on the grounds that:-

(i) the proposed advertisement structure would have an adverse impact on the appearance of the Conservation Area by virtue of its design and location contrary to the provisions of Policy 61 and 63 of the Dundee Local Plan Review 2005 and there are no material considerations which would justify a departure to the provisions of the development plan in this instance; and

(ii) the proposed advertisement structure would, due to its location, have an adverse impact on pedestrian safety contrary to the provisions of Policy 63 of the Dundee Local Plan Review 2005 and there are no material considerations which would justify a departure to the provisions of the development plan in this instance.

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 Barrie, Black, Bowes, Andy Dawson, Will Dawson, Duncan, Fordyce, Hunter and Roberts (10); and for the amendment - the Convener, Lord Provost Letford, Bailie Wright and Councillors Keenan, Asif, Ferguson, Gordon, McCready, Morrow, Macpherson, Dick and Guild (12) - whereupon the amendment was declared carried.

(u) 07-00331-ADV - LAND SOUTH OF TESCO STORE, RIVERSIDE DRIVE - ERECTION OF FREE STANDING DOUBLE SIDED ILLUMINATED ADVERT UNIT - FOR CLEAR CHANNEL UK LTD

After considering objections received, Councillor Macpherson, seconded by Councillor Barrie, moved refusal of the application on the grounds that the proposed advertisement structure would have an adverse impact on the amenity of the locality and the structure was likely to have an adverse impact on public safety given the heavily trafficked road and traffic conditions, contrary to Policy 63 of the Dundee Local Plan Review 2005. There are no material considerations which would justify a departure to the provisions of the development plan in this instance.

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, Macpherson, Dick, Barrie, Black, Bowes, Andy Dawson, Will Dawson, Fordyce, Hunter and Roberts (12); and for the amendment - the Convener, Lord Provost Letford, Bailie Wright and Councillors Keenan, Ferguson, Gordon, McCready, Morrow, Guild and Duncan (10) - whereupon the motion was declared carried.

II DRAFT SITE PLANNING BRIEF, FORMER FOUNDRY SITE AT LOONS ROAD/LAWSIDE ROAD

There was submitted Agenda Note AN195-2007, making reference to Article VIII of the minute of meeting of the Planning and Transport Committee of 11th June, 2007, wherein the abovementioned site planning brief was approved and it was agreed to refer the brief to this Committee as a material planning consideration.

The Committee noted accordingly.

III PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN194-2007 advising the Committee of the undernoted planning appeal decisions:-

(a) ROYAL BANK OF SCOTLAND, BROOK STREET, BROUGHTY FERRY - INSTALLATION OF CONCRETE RAMP

Reference was made to the decision of the Council on 20th September, 2006, under powers delegated to the Director of Planning and Transportation, to refuse planning permission because the Council considered that the ramp would have an adverse impact on pedestrian safety because it would leave an inadequate footway for pedestrians at a busy location within the Broughty Ferry district shopping centre.

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 the replacement of the adjacent street lighting column, the submission of further details of the ramp and the reinstatement of the adjacent pavement to the satisfaction of the Council.

(b) CLATTO WATER TREATMENT WORKS SITE - 29 METRE HIGH TELECOMMUNICATIONS MONOPOLE AND ASSOCIATED CABINETS

Reference was made to Article I(c) of the minute of meeting of this Committee of 25th September, 2006, wherein the above proposal was refused planning permission because the Council considered that the proposal was contrary to Policy 78 of the adopted Local Plan Review and complementary non-statutory policies (failure to demonstrate that mast share was not a feasible option; and the additional mast would have an adverse environmental impact).

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 dismissed.

(c) ANCRUM ROAD/CHARLESTON DRIVE - AMENDMENT OF THE RESTRICTION PLACED ON THE NUMBER OF CARS FOR SALE WITHIN THE SALES YARD FROM 11 TO 20

Reference was made to Article I(w) of the minute of meeting of this Committee of 25th January, 2007, wherein the above proposal was refused planning permission because the Council considered 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 also likely to lead to the parking of customer and staff vehicles on-street, all to the detriment of the environmental quality and road traffic safety enjoyed by local residents in terms of Policy 1 of the Dundee Local Plan Review 2005.

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 dismissed.

(d) 46 THOMSON STREET, DUNDEE DD1 4LG - CHANGE OF USE TO A HOUSE IN MULTIPLE OCCUPATION (INCREASE IN NUMBER OF RESIDENTS FROM 5 TO 7)

Reference was made to Article I(g) of the minute of meeting of this Committee of 22nd January, 2007, wherein the above proposal was refused planning permission because the Council considered that the proposal was contrary to the provisions of Policies 1 and 11 of the Dundee Local Plan Review 2005 (adverse impact on the environmental qualities enjoyed by neighbours; excessive concentration of use in the area; and parking pressures).

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 subject to a condition relating to the submission of details concerning off-street parking and refuse storage.

(e) LAND TO WEST OF RICHMOND TERRACE, DUNDEE - ERECTION OF DWELLINGHOUSE

Reference was made to Article I(j) of the minute of meeting of this Committee of 22nd January, 2007, wherein the above proposal was refused planning permission because the Council considered that the proposal was contrary to the provisions of Policy 1 of the Dundee Local Plan Review 2005 (access, and adverse environmental quality enjoyed by neighbours) and Policy 61 (pruning and felling of trees in a Conservation Area).

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 dismissed.

(f) FORMER TAY ROPE WORKS, 51 MAGDALEN YARD ROAD, DUNDEE - RESIDENTIAL DEVELOPMENT

Reference was made to Article I(a) of the minute of meeting of this Committee of 30th October, 2006, wherein the above proposal was refused planning permission because the Council considered that the proposal was contrary to the provisions of Policies 4, 6 and 61 of the Dundee Local Plan Review 2005 (proportion of flats to houses; town cramming; lack of open space; failure to preserve or enhance the Conservation Area).

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 dismissed.

IV DISCHARGE OF SECTION 50 AGREEMENT OVER LAND TO SOUTH OF SOUTH ROAD

There was submitted Agenda Note AN203-2007, making reference to Article I(v) of the minute of meeting of this Committee of 25th September, 2006, wherein approval was given for a supermarket at South Road, subject to the completion of a Section 75 Agreement.

It was reported that in the process of preparing the Section 75 Agreement with Tesco Stores Ltd, an existing Section 50 Agreement over part of the land covered by the planning application had been identified. This Agreement related to a previous planning permission for a non-food retail unit and contained the standard restrictions imposed on such proposals. Although the Agreement was entered into by the applicants, the unit was never developed. Tesco Stores Ltd being heritable proprietors of the land now wish to discharge this Section 50 Agreement. The area of land bound by this Section 50 Agreement was only a small part of the land covered by the planning application in the south west corner of the site, and the only part of the proposed development to take place on this piece of land was the proposed petrol filling station and some car parking.

Accordingly, the Committee agreed to authorise the discharge of this existing Section 50 Agreement as part of the terms of the proposed Section 75 Agreement.

V PROPOSED ERECTION OF 2 HOUSES, LAND SOUTH OF STEVEN'S YARD, SHEPHERD'S LOAN

There was submitted Report No 379-2007 by the Director of Planning and Transportation advising the Committee that an appeal against a deemed refusal had been lodged in respect of the above application under Section 47(2) of the Town and Country Planning (Scotland) Act 1997 as the Council had not reached a decision on the application within the statutory two month period.

The Committee agreed that:-

(a) the terms of the report appended at Appendix 1 be supported as the decision which the Committee would have reached had this application not been appealed and had come before it for a formal decision; and

(b) the suggested conditions contained in Appendix 2 to the report be approved as those which the Reporter should apply in the event of planning permission being granted on appeal.

VI REQUESTED VARIATION OF KINGSWAY WEST RETAIL PARK EXTENSION SECTION 75 AGREEMENT

There was submitted Report No 397-2007 by the Director of Planning and Transportation seeking agreement to a variation of the Section 75 Agreement applying to the Kingsway West Retail Park Extension, in order to permit the establishment of a unit selling pets and related goods at the park.

The Committee agreed to a variation of the Section 75 Agreement applying to Unit B14 at Kingsway West Retail Park, which would replace the existing range of goods limitations covering the unit with revised limitations which would authorise its use as a pets unit.

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

There was submitted Report No 335-2007 by the Director of Planning and Transportation advising the Committee of actions taken in dealing with dangerous buildings during the months of May and June 2007.

The Committee noted the contents of the report.

Roderick A J WALLACE, Convener.