Planning Committee (including Former Development Management And Development Quality) - 17/09/2007

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 17th September, 2007.

 

Present:-

 

Lord Provost John R LETFORD

 

 

 

BAILIES

 

George REGAN

Willie SAWERS

Derek J SCOTT

Helen WRIGHT

Roderick A J WALLACE

Ian BORTHWICK

 

COUNCILLORS

 

Kevin KEENAN

Ken GUILD

Elizabeth F FORDYCE

Mohammed ASIF

Jim BARRIE

Stewart HUNTER

Brian GORDON

Jimmy BLACK

Ken LYNN

Richard McCREADY

David BOWES

Christina ROBERTS

Helen DICK

Andrew DAWSON

Donald HAY

 

Bob DUNCAN

 

 

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

 

The minute of meeting of this Committee of 20th August, 2007 was held as read.

 

Unless marked thus * all items stand delegated.

 

I PLANNING APPLICATIONS

 

(a) 07-00576-FUL - 4 HOLLY ROAD, BROUGHTY FERRY - ERECTION OF NEW FENCE IN GARDEN AND REPLACEMENT OF EXISTING FENCE WITH GATES FOR MR AND MRS SOMERVILLE

 

The Convener declared a non-financial interest in this application by virtue of having been approached by both the applicant and the objectors and took no part in the consideration thereof.

 

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

 

(b) 07-00593-FUL - 36 TO 42 NORTH LINDSAY STREET - CONVERSION AND EXTENSION OF LISTED WAREHOUSE INTO NEW OFFICES WITH INCORPORATION OF PUBLIC ONE-STOP SHOP FACILITY - FOR DUNDEE CITY COUNCIL

 

The Convener and Councillors Keenan, Guild and Black declared a non-financial interest in this application by virtue of being members of the Dundee House Project Board. Councillor Sawers declared a similar interest by virtue of being a former member.

 

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

(c) 07-00594-LBC - 36 TO 42 NORTH LINDSAY STREET - CONVERSION AND EXTENSION OF LISTED WAREHOUSE INTO NEW OFFICES WITH INCORPORATION OF PUBLIC ONE-STOP SHOP FACILITY - FOR DUNDEE CITY COUNCIL

 

The Convener and Councillors Keenan, Guild and Sawers declared a non-financial interest in this application by virtue of being members of the Dundee House Project Board. Councillor Black declared a similar interest by virtue of being a former member.

 

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

 

(d) 07-00160-OUT - LAND ON LINLATHEN ESTATE - PROPOSED DEVELOPMENT COMPRISING OF A CREMATORIUM, CEMETERY AND ASSOCIATED LICENSED PUBLIC HOUSE/RESTAURANT - FOR LINLATHEN DEVELOPMENTS

 

Councillor Duncan declared a non-financial interest in this item by virtue of his employment as a monumental sculptor and took no part in the discussion thereof.

 

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

 

(i) the proposed development is situated in an area allocated as open countryside under Policy 74 of the Adopted Dundee Local Plan Review 2005 and there are no overriding material considerations justifying the approval of this development which is contrary to the provisions of the Development Plan;

 

(ii) the proposed development adversely affects the setting of the scheduled ancient monument known as Cairn Greg contrary to Policy 64 of the Adopted Dundee Local Plan Review 2005 and the advice set out in NPPG5 and there are no overriding material considerations justifying the approval of this development contrary to the provisions of the Development Plan; and

 

(iii) the proposed development is situated in a location that is not accessible to modes of transport other than cars contrary to Transportation Policy 4 of the Dundee and Angus Structure Plan approved 2003 and Policies 71C, 81, 82, 83 of the Adopted Dundee Local Plan Review 2005 and there are no overriding material considerations justifying the approval of this development contrary to the provisions of the Development Plan.

 

Councillor Keenan, seconded by Bailie Wright, 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, Bailies Sawers and Scott and Councillors Guild, Black, Andy Dawson, Fordyce, Roberts and Hay (9); and for the amendment - Lord Provost Letford, Bailies Regan, Wright and Borthwick and Councillors Keenan, Asif, Gordon, McCready, Barrie, Bowes, Hunter and Lynn (12); Councillor Dick declining to vote - whereupon the amendment was declared carried.

 

(e) LAND TO SOUTH OF COLDSIDE ROAD AND WEST OF STRATHMARTINE ROAD - ERECTION OF MIXED DEVELOPMENT COMPRISING 35 DWELLINGS, 16 FLATS AND 3 RETAIL UNITS WITH ACCESS ROAD - FOR COLDSIDE DEVELOPMENTS LTD

 

This item was withdrawn.

(f) 07-00575-FUL - LAND TO NORTH OF KINLOCH PARK - ERECTION OF 4 DWELLINGHOUSES - FOR H & H PROPERTIES

 

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 refused the application on the grounds that:-

 

(i) the proposed development would result in the removal of a significant number of trees that are protected by virtue of a Tree Preservation Order that was confirmed in March 2002. This removal of the amount of trees proposed would be contrary to the terms of Policy 72 Trees and Urban Woodland of the Dundee Local Plan Review 2005 that seeks to encourage the survival and retention of existing healthy trees within development sites. There are no material considerations that would justify the approval of this application contrary to the terms of Policy 72 of the Local Plan Review; and

 

(ii) the proposal is contrary to Policy 4 Design of New Housing of the Dundee Local Plan Review 2005 as there is insufficient private usable garden ground provision proposed and insufficient off-street curtilage car parking spaces provided for the proposed new dwellings. There are no material considerations that would justify the approval of this application contrary to the provisions of the development plan.

 

(g) 07-00497-OUT - DARKFALLS, 1 CASTLEROY ROAD, BROUGHTY FERRY - OUTLINE PLANNING PERMISSION TO ERECT 2 DWELLINGHOUSES WITHIN GARDEN GROUND - FOR MR M REID

 

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 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 of the area. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the terms of the policy; and

 

(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(e) because the proposed houses are in front of the existing house. In addition, insufficient details have been provided to assess the proposed development against Policy 15(a) (design), (h) (tree survey) and (i) (new planting) as well as its impact on the Reres Hill Conservation Area. 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 which detracts from the amenities enjoyed by the occupiers of "Darkfalls". There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the terms of the policy.

(h) 07-00578-COU - 36 SOUTH TAY STREET - CHANGE OF USE, WITH ALTERATIONS, OF FORMER CHURCH TO CAFE/RESTAURANT AT GROUND FLOOR LEVEL - FOR FARNELL ESTATES LTD

 

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

 

(i) 07-00605-COU - LOCK-UP AT 60 MAINS ROAD - CHANGE OF USE FROM STORE TO DWELLING WITH ELEVATIONAL ALTERATIONS - FOR DONALD SOUTAR

 

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

 

(j) 07-00251-FUL - PARK HOTEL, 40 COUPAR ANGUS ROAD - EXTENSION TO FIRST FLOOR OF EXISTING HOTEL TO CREATE A CEREMONY ROOM AND EXTERNAL TERRACE - FOR KAREN MARR PROPERTIES

 

After considering objections received, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation, and subject to the additional condition that the hours of operation of the ceremony room hereby approved, shall be 0900 hours to 2100 hours as detailed in the agent's letter of 11th April, in order to protect the amenities of the occupants/owners of adjacent properties in the locality.

 

(k) 07-00173-FUL - NETHERGATE BUSINESS CENTRE - INSTALLATION OF 5 CONDENSING UNITS IN ALLEYWAY - FOR MATTHEW MILROY

 

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

 

(l) 07-00522-FUL - 113 KINGHORNE ROAD - EXTENSION TO NORTH AND EAST ELEVATION AND ROOF CONVERSION - FOR MR AND MRS GOW

 

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

 

(m) 07-00381-LBC - 11 TAY SQUARE - INTERNAL ALTERATIONS - FOR KAREN MARR

 

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

 

(n) 07-00535-FUL - LOCK-UPS AT BURRELTON GARDENS - DEMOLITION OF EXISTING LOCK-UPS AND ERECTION OF RETAIL UNIT - FOR MR D BRUCE

 

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

 

(i) the proposal does not comply with Policy 45 Location of New Retail Developments of the Dundee Local Plan Review 2005 as it fails to satisfy part (a) of this policy as it does not adopt the sequential approach and it is considered that similar sites of this nature are likely to exist in City Centre or District Centre locations; it does not comply with part (c) of this policy as it has not been established that the proposal would address a deficiency in local shopping provision which cannot be met within or on the edge of the City or District Centres; and it does not comply with part (e) of this policy as it is not consistent with other policies within the Local Plan Review 2005;

(ii) it does not comply with Policy 43 Areas of Poor and Inadequate Shopping Provision of the Dundee Local Plan Review 2005 as it is considered that the local area is well provided with local shopping opportunities and that there is adequate provision in terms of both quality and accessibility; and

 

(iii) it is considered that the proposal would be detrimental to the road safety of Laird Street due to the fact that this is a busy road, serving local bus routes.

 

(o) 07-00599-FUL - 73 CAMPHILL ROAD, BROUGHTY FERRY - ERECTION OF GARDEN ROOM (RETROSPECTIVE) - FOR KENNETH SOUTAR

 

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

 

(p) 07-00655-COU - 91 ARBROATH ROAD - CHANGE OF USE FROM 3 BEDROOM FLAT TO 4 BEDROOM HMO - FOR MR J HORSICK

 

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

 

(i) the proposed change of use is contrary to criteria a, b 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 where there are significant parking problems in the area and where bin storage and garden ground is inadequate and as a result of this, the development would 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 the policy; and

 

(ii) the proposed change of use is contrary to Policy HMO3 of the Supplementary Planning Guidance, as the development does not comply with criteria a, b and c. This is because it is a flat with a shared entrance, outwith the City Centre where there are significant parking problems in the area and where bin storage and garden ground is inadequate and as a result of this the development would have a detrimental impact on residential amenity.

 

(q) 07-00684-FUL - 18 CEDAR ROAD, BROUGHTY FERRY - CREATION OF FIRST FLOOR ACCOMMODATION, OPENING OF ENTRANCE ON WEST WALL TO FORM NEW ENTRANCE AND REBUILD EXISTING - FOR MR ROGER PRICE

 

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

 

(r) 07-00688-COU - FLAT 4, 14 THOMSON STREET - CHANGE OF USE FROM 3 BEDROOM FLAT TO 4 BEDROOM HMO - FOR GRPL LTD

 

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

 

(i) the proposed development is contrary to Policy 11 Houses in Multiple Occupation of the Dundee Local Plan Review 2005 as it fails to comply with criteria a, b and c. This is because it is a flat with a shared entrance, outwith the City Centre where there are significant parking problems in the area and as a result of this the development would 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 policy; and

 

(ii) the proposed change of use is contrary to Policy HMO3 of the Supplementary Planning Guidance, as the development does not comply with criteria a, b and c. This is because it is a flat with a shared entrance, outwith the City Centre where there are significant parking problems in the area and as a result of this the development would have a detrimental impact on residential amenity.

(s) 07-00416-FUL - 12 BRIARWOOD TERRACE - SKY SATELLITE DISH TO SOUTH ELEVATION OF HOUSE BESIDE EXISTING AERIAL - FOR MR MICHAEL DAILLY

 

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

 

II PROPOSED HOT FOOD TAKEAWAY, 117 ALBERT STREET

 

There was submitted Agenda Note AN226-2007, making reference to Article I(n) of the minute of meeting of this Committee of 20th August, 2007, wherein the determination of the above application was deferred pending the preparation of a detailed ventilation scheme by the applicant for consideration by the Committee prior to their final determination of the application.

 

It was reported that the applicant had undertaken discussions with the Environmental Health and Trading Standards Department and agreement had been reached that the most appropriate method of guaranteeing maximum efficiency in odour disposal was through a flue system. The applicant was currently preparing the design details.

 

It was proposed that the current application be amended to incorporate the flue system and that owner and neighbour notification be undertaken afresh as agreements with tenement owners above the application premises would be necessary.

 

Once all the statutory procedures had been undertaken, the amended application would be reported for determination by the Committee on the basis of an amended report.

 

The Committee noted accordingly.

 

III PLANNING APPEAL DECISIONS

 

There was submitted Agenda Note AN222-2007 relative to the undernoted Planning Appeal Decisions:-

 

(a) 12 AND 18 WHITEHALL CRESCENT, DUNDEE - RETROSPECTIVE LISTED BUILDING CONSENT FOR THE INSTALLATION OF SERVICES AND LISTED BUILDING ENFORCEMENT NOTICES REQUIRING THE UNDERTAKING OF A RANGE OF RESTORATIVE WORKS

 

Reference was made to Article I(a) of the minute of meeting of this Committee of 26th February, 2007, wherein the above proposal to retain the unauthorised works already undertaken within the stairwells of 12 and 18 Whitehall Crescent was refused Listed Building Consent because the Council considered that the proposal was contrary to the provisions of Policy 60 of the Dundee Local Plan Review 2005 and Section 14 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (adverse impact on the character and appearance of the listed building).

 

The Council, requiring specific and detailed restorative works to be undertaken, served two Listed Building Enforcement Notices.

 

It was reported that the Listed Building Consent decision and the Enforcement Notices were appealed by the applicant under the provisions of Sections 18 and 35 and Schedule 3 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, and the appeals had been dismissed.

 

(b) 17 ARKLAY STREET, DUNDEE - VARIATION OF CONDITION OF A PREVIOUS PLANNING PERMISSION GRANTED ON APPEAL IN MARCH 2001, PREVENTING THE PLAYING OF AMPLIFIED MUSIC

 

Reference was made to Article I(r) of the minute of meeting of this Committee of 26th March, 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 Noise Breakout Likely to be Detrimental to the Amenities Enjoyed by Nearby Residents.

It was reported that the decision was 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 and planning permission granted for the variation of the condition which substituted Condition 5 of planning permission D24889 (March 2001) with a condition which provides that amplified music may be played subject to the submission of a noise impact assessment and a further noise insulation scheme both for approval by the Council.

 

(c) 17 BALGRAY STREET - OUTDOOR EXTENSION TO CLUB TO PROVIDE A SOCIAL AND DESIGNATED SMOKING AREA

 

Reference was made to Article I(q) of the minute of the Development Quality 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 Policy 1 of the Dundee Local Plan Review 2005 Potential Noise Disturbance to Nearby Residents.

 

It was reported that the decision was 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 and planning permission granted with conditions relating to the submission of boundary wall details for approval; the restriction of the use of the site to prevent the provision of entertainment including music; and the restriction of hours of operation.

 

(d) 71 CHARLESTON DRIVE, DUNDEE - DORMER EXTENSION

 

Reference was made to the decision of the Council on 16th April, 2007, under powers delegated to the Director of Planning and Transportation, to refuse planning permission because the Council considered that the proposal was contrary to the provisions of Policy 14 of the Dundee Local Plan Review 2005 (design, size and appearance of the dormer).

 

It was reported that the decision was 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 and planning permission granted, with the standard five year lifetime condition.

 

(e) 108 KINGHORNE ROAD, DUNDEE - ERECTION OF DWELLINGHOUSE

 

Reference was made to the decision of the Council on 5th December, 2006, under powers delegated to the Director of Planning and Transportation, to refuse planning permission because the Council considered that the proposal was contrary to the provisions of Policies 4 and 15 of the Dundee Local Plan Review 2005 (scale, design, appearance, contrary to prevailing densities, overlooking and reduction in privacy in relation to neighbours).

 

It was reported that the decision was 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.

 

(f) FORMER MOTORCYCLE RIDING CENTRE, OLD KING'S CROSS ROAD - ERECTION OF TELECOMMUNICATIONS MAST

 

Reference was made to Article I(a) 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 would "have an unacceptable adverse environmental impact on the area by reason of scale, design and the proliferation of the structures".

 

It was reported that the decision was 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 conditions relating to the removal of the installation when obsolete or redundant; and the colour of the structure.

(g) FORMER WESTBAY NURSING HOME, 24 ALBERT ROAD, BROUGHTY FERRY, DUNDEE - DEMOLITION OF FIRE DAMAGED NURSING HOME AND REDEVELOPMENT WITH SHELTERED HOUSING

 

Reference was made to Article I(c) of the minute of the Development Quality Committee meeting on 23rd April, 2007, wherein the above proposal was refused planning permission because the Council considered that the proposal was contrary to the provisions of Policies 1, 10, 15 and 61 of the Dundee Local Plan Review 2005 Inadequacies of Design, Massing, Scale, Car Parking, Overlooking and Overshadowing of Neighbouring Properties and Failure to Preserve or Enhance the Character or Appearance of the Conservation Area.

 

It was reported that the decision was 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.

 

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

 

There was submitted Report No 418-2007 by the Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during July 2007.

 

The Committee noted the contents of the report.

 

 

 

 

Roderick A J WALLACE, Convener.