Planning Committee (including Former Development Management And Development Quality) - 15/10/2007

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 15th October, 2007.

 

Present:-

 

Lord Provost John R LETFORD

 

 

 

BAILIES

 

Helen WRIGHT

Roderick A J WALLACE

Derek J SCOTT

Willie SAWERS

 

Ian BORTHWICK

 

COUNCILLORS

 

Kevin KEENAN

Fraser MACPHERSON

Andrew DAWSON

Mohammed ASIF

Helen DICK

Bob DUNCAN

Laurie BIDWELL

Ken GUILD

Elizabeth F FORDYCE

Tom FERGUSON

Jim BARRIE

Stewart HUNTER

Brian GORDON

Jimmy BLACK

Ken LYNN

Richard McCREADY

David BOWES

Christina ROBERTS

Joe MORROW

 

Donald HAY

 

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

 

The minute of meeting of this Committee of 17th September, 2007 was held as read.

 

Unless marked thus * all items stand delegated.

 

I PLANNING APPLICATIONS

 

(a) 07-00780-FUL - LAND NORTH OF 534 STRATHMARTINE ROAD - INSTALLATION OF TELECOMMUNICATIONS TOWER AND ASSOCIATED EQUIPMENT TO EXPIRE ON 31ST DECEMBER, 2007 - FOR T MOBILE UK LTD

 

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

 

(i) the proposed development is contrary to Policy 78 - Location of Telecommunications Equipment of the Dundee Local Plan Review 2005 as alternative solutions in terms of location and design have not been submitted. 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 1 of Dundee City Council's adopted Non-Statutory Planning Policies in Relation to Telecommunications Masts and Other Apparatus as an operational justification for the location and design of the structure has not been submitted and no assessment has been made of the cumulative impact of other telecommunications masts located nearby;

 

(iii) the proposed development is contrary to Policy 2 - Residential Areas of Dundee City Council's adopted Non-Statutory Planning Policies in Relation to Telecommunications Masts and Other Apparatus as the operator has not demonstrated that the mast is sensitively located and designed and is the most appropriate option;

 

(iv) the proposed development is contrary to Policy 3 - Industrial Areas of Dundee City Council's adopted Non-Statutory Planning Policies in Relation to Telecommunications Masts and Other Apparatus as the mast is not located and designed to minimise its visual impact; and

 

(v) the proposed development is contrary to Policy 15 - Mast Sharing and Design Issues of Dundee City Council's adopted Non-Statutory Planning Policies in Relation to Telecommunications Masts and Other Apparatus as the operator has failed to match the Council's partnership approach and submit a planning application for the replacement permanent structure in sufficient time to obtain planning permission and ensure that the temporary mast was removed within the statutory period available by legislation.

 

(b) 07-00635-FUL - LAND TO EAST OF MARYFIELD GOODS YARD - ERECTION OF 44 HOUSES - FOR DISCOVERY HOMES LTD

 

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

 

(c) 07-00607-FUL - TAY SPINNERS LTD, ARBROATH ROAD - DEVELOPMENT OF FLATTED DEVELOPMENT WITH UNDERGROUND RESIDENTIAL PARKING - FOR DISCOVERY HOMES LTD.

 

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

 

(d) 07-00609-LBC - TAY SPINNERS LTD, ARBROATH ROAD - DEVELOPMENT OF FLATTED DEVELOPMENT WITH UNDERGROUND RESIDENTIAL PARKING - FOR DISCOVERY HOMES LTD.

 

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

 

(e) 07-00645-FUL - UNICORN HOUSE, 62 DOCK STREET - RESIDENTIAL DEVELOPMENT OF THE SEAMEN'S MISSION INTO 12 FLATS - FOR PETER INGLIS

 

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

 

(f) 07-00727-FUL - REDHOLME, GARDYNE ROAD - DEMOLITION OF EXISTING BUILDING AND ERECTION OF 12 APARTMENTS - FOR BALHOUSIE HOLDINGS

 

The Committee acceded to a request for a deputation to address the Committee in support of the above application. After the deputation had stated its case and answered questions from members of the Committee, it was thanked for its attendance and withdrew.

 

Thereafter, having considered objections received, the Committee refused the application on the grounds that:-

 

(i) the proposed development is of unsatisfactory design quality contrary to Policy 4, 15(a) and 55 of the adopted Dundee Local Plan Review 2005. There are no material considerations that would justify the approval of the application contrary to the provisions of the Development Plan;

 

(ii) the proposed development is contrary to Policy 4 and Appendix 1 of the adopted Dundee Local Plan Review 2005 because it involves the provision of new build flats in a suburban location where no justification has been provided for a flatted development and because it would result in unacceptable overlooking of the private gardens of nearby houses. There are no material considerations that would justify the approval of the application contrary to the provisions of the Development Plan; and

 

(iii) the proposed development contravenes Policy 15(b) of the adopted Dundee Local Plan Review 2005 because the footprint of the proposed house exceeds the maximum limit of one and a half times the footprint of the original house, and Policy 15(f) because a prominent frontage of the original house which has architectural character will be demolished. There are no material considerations that would justify the approval of the application contrary to the provisions of the Development Plan.

 

(g) 07-00237-FUL - LAND TO THE WEST OF 5 EXPLORER ROAD, DUNDEE TECHNOLOGY PARK - ERECTION OF 3 STOREY OFFICE PREMISES AND PROVISION OF 50 ASSOCIATED PARKING SPACES - FOR INSIGHTS LEARNING AND DEVELOPMENT

 

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

 

(h) THOMSON PARK, NAPIER DRIVE - ERECTION OF TERRACE STAND TO NORTH SIDE OF PITCH - FOR LOCHEE UNITED JUNIOR FOOTBALL CLUB

 

This application was withdrawn.

 

(i) 07-00532-FUL - 374 STRATHMARTINE ROAD - SINGLE STOREY EXTENSION TO SOUTH ELEVATIONS - FOR MR STRACHAN

 

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

 

(j) 4 DUNNOTTAR PLACE, BROUGHTY FERRY - ALTERATIONS TO FORM NEW GARAGE AND ADDITIONAL BEDROOMS - FOR MR K McLEOD

 

This application was withdrawn.

 

(k) 07-00661-FUL - 286 STRATHMARTINE ROAD - PROVISION OF LEVEL DECKING, HANDRAIL AND SCREEN WALL - FOR MR AND MRS I WELSH

 

The Convener declared a non-financial interest in the item by virtue of knowing the objector and took no part in its consideration. Councillor Keenan took the chair during consideration of this item only.

 

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to the abovementioned 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 Keenan, seconded by Councillor Morrow, moved approval of the application subject to the conditions recommended by the Director of Planning and Transportation, and subject to the Director of Planning and Transportation reporting back within two months regarding the progress of the proposed development.

 

As an amendment, Councillor Black, seconded by Councillor Duncan, moved approval of the application subject to the conditions recommended by the Director of Planning and Transportation, but with the amendment of condition (ii) with regard to the height of the proposed screen wall to the north of the decking being raised to 2.8 metres.

 

On a division, there voted for the motion - Lord Provost Letford, Bailies Wright, Sawers and Borthwick and Councillors Keenan, Asif, Bidwell, Ferguson, Gordon, McCready, Morrow, Macpherson, Dick, Guild, Andy Dawson, Fordyce, Lynn, Roberts and Hay (19); and for the amendment - Bailie Scott and Councillors Barrie, Black, Bowes, Duncan and Hunter (6); the Convener declining to vote - whereupon the motion was declared carried.

 

(l) 17 PITCAIRN ROAD - EXTENSION TO DWELLINGHOUSE - FOR MR AND MRS J PIGGOTT

 

This item was deferred.

 

(m) 07-00673-COU - 23B STEP ROW - CHANGE OF USE FROM 3 BEDROOM FLAT TO 4 BEDROOM HMO - FOR STEVEN REID

 

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 all of the criteria. 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 HMO2 of the Council's Non-Statutory Planning Policy Guidance "Houses in Multiple Occupation" as it will result in a concentration of HMO use in the Census Output Area of more than 12.5% and no justification for granting permission has been submitted; and

 

(iii) the proposed development is contrary to Policy HMO3 of the Council's Non-Statutory Planning Policy Guidance "Houses in Multiple Occupation" as it fails to comply with criteria (a) in respect of being in a tenement, (b) detrimental to traffic safety due to increased parking pressure, and (c) detrimental to residential amenity due to lack of car parking.

 

(n) 07-00675-FUL - 48 NEWHALL GARDENS - 1= STOREY EXTENSION TO WEST OF EXISTING HOUSE - FOR MS W LAING

 

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

 

(o) 07-00705-ADV - LAND OPPOSITE KINLOCH'S STATUE, ALBERT SQUARE, MEADOWSIDE - ERECTION OF FREE STANDING DOUBLE-SIDED ILLUMINATED ADVERT SIGN - FOR CLEAR CHANNEL OUTDOOR

 

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to the abovementioned 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 Lord Provost, seconded by Bailie Borthwick, moved refusal of the application on the grounds that the proposed advertisement structure will have an adverse impact on the amenity of the locality and the structure is 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 - Lord Provost Letford, Bailies Wright, Sawers, Scott and Borthwick and Councillors Asif, Bidwell, Ferguson, Gordon, McCready, Morrow, Dick, Guild, Barrie, Black, Bowes, Andy Dawson, Duncan, Fordyce, Hunter, Lynn, Roberts and Hay (23); and for the amendment - the Convener and Councillors Keenan and Macpherson (3) - whereupon the motion was declared carried.

 

(p) 07-00706-ADV - ALBERT SQUARE AT EUCLID CRESCENT, MEADOWSIDE - ERECTION OF FREE STANDING DOUBLE-SIDED ILLUMINATED ADVERT SIGN - FOR CLEAR CHANNEL OUTDOOR

 

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to the abovementioned 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 Lord Provost, seconded by Bailie Borthwick, moved refusal of the application on the grounds that the proposed advertisement structure will have an adverse impact on the amenity of the locality and the structure is 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 - Lord Provost Letford, Bailies Wright, Sawers, Scott and Borthwick and Councillors Asif, Bidwell, Ferguson, Gordon, McCready, Morrow, Dick, Guild, Barrie, Black, Bowes, Andy Dawson, Duncan, Fordyce, Hunter, Lynn, Roberts and Hay (23); and for the amendment - the Convener and Councillors Keenan and Macpherson (3) - whereupon the motion was declared carried.

 

(q) 07-00709-ADV - LAND OPPOSITE 2-4 HIGH STREET - ERECTION OF FREE STANDING DOUBLE-SIDED ILLUMINATED ADVERT UNIT - FOR CLEAR CHANNEL OUTDOOR

 

After considering objections received, the Lord Provost, seconded by Bailie Borthwick, moved refusal of the application on the grounds that the proposed advertisement structure will have an adverse impact on the amenity of the locality and the structure is 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 - Lord Provost Letford, Bailies Wright, Sawers, Scott and Borthwick and Councillors Asif, Bidwell, Ferguson, Gordon, McCready, Morrow, Dick, Guild, Barrie, Black, Bowes, Andy Dawson, Duncan, Fordyce, Hunter, Lynn, Roberts and Hay (23); and for the amendment - the Convener and Councillors Keenan and Macpherson (3) - whereupon the motion was declared carried.

 

(r) 07-00710-ADV - LAND ADJACENT TO TRINITY HALL, ALBERT SQUARE, MEADOWSIDE - ERECTION OF FREE STANDING DOUBLE-SIDED ILLUMINATED ADVERT SIGN - FOR CLEAR CHANNEL OUTDOOR

 

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to the abovementioned 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 Lord Provost, seconded by Bailie Borthwick, moved refusal of the application on the grounds that the proposed advertisement structure will have an adverse impact on the amenity of the locality and the structure is 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 - Lord Provost Letford, Bailies Wright, Sawers, Scott and Borthwick and Councillors Asif, Bidwell, Ferguson, Gordon, McCready, Morrow, Dick, Guild, Barrie, Black, Bowes, Andy Dawson, Duncan, Fordyce, Hunter, Lynn, Roberts and Hay (23); and for the amendment - the Convener and Councillors Keenan and Macpherson (3) - whereupon the motion was declared carried.

 

(s) 07-00726-FUL - 63A CAMPHILL ROAD, BROUGHTY FERRY - ALTERATIONS TO UPPER STOREY EXTENSIONS TO HOUSE AND GARAGE - FOR MR AND MRS J SMITH

 

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

 

(i) the proposed extension would make the house very prominent when viewed from Camphill Road, thus disrupting the established pattern of development and dominating views of the original house at 63 Camphill Road. It would therefore have a detrimental impact on the character and appearance of this part of the Reres Hill 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. There are no material considerations that would justify the approval of the application contrary to the provisions of the Development Plan; and

 

(ii) the proposed development contravenes Policy 15(c) of the adopted Dundee Local Plan Review 2005 because it would replace a low profile bungalow with a substantial two storey house which would sit in front of and dominate the original house when viewed from Camphill Road. There are no material considerations that would justify the approval of the application contrary to the provisions of the Development Plan.

 

(t) 07-00811-FUL - 7 NEVIS PLACE, BROUGHTY FERRY - ALTERATIONS AND EXTENSION TO REPLACE GARAGE AND PROVIDE UTILITY ROOM AND ADDITIONAL BEDROOM WITH EN-SUITE - FOR MR AND MRS BROWN

 

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to the abovementioned 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 the proposal will adversely impact on the amenities presently enjoyed by residents to the north of the application site by virtue of potential loss of daylight contrary to Policy 14(b) of the Dundee Local Plan Review 2005 and there are no material considerations which would lead to the application being approved contrary to the provisions of this policy.

 

(u) 07-00728-FUL - 40 LAMMERTON TERRACE - ERECTION OF SINGLE STOREY EXTENSION TO SOUTH ELEVATION - FOR MR G FORBES

 

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to the abovementioned 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.

 

(v) 07-00740-FUL - 10 CLATTOWOODS PLACE - 2 STOREY EXTENSION TO WEST ELEVATION - FOR MR J KIDD

 

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

 

(w) UNITS 3, 4, 5 AND 6, BLOCK 2, ANNFIELD ROW - CHANGE OF USE AND EXTERNAL ALTERATIONS TO FORM ENLARGED HOT FOOD TAKEAWAY - FOR CLARK'S BAKERY

 

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 to allow further clarification as to the detail of the planning application.

 

(x) 07-00786-COU - 14 TO 16 ARBROATH ROAD - CHANGE OF USE FROM GREENGROCER TO SUNBED SALON - FOR MR MARK ANDERSON

 

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

 

II PROPOSED DIRECT ACTION AT 6 GLAMIS TERRACE

 

The Committee acceded to a request for a deputation to address the Committee relative to the above. 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 authorised the Director of Planning and Transportation to enter the relevant land and take the steps requested by the Order and recover the expense incurred thereby from the owner, all under Section 149 of the Town and Country Planning (Scotland) Act 1997.

 

III PROPOSED RESIDENTIAL DEVELOPMENT AT 62-63 DOCK STREET AND 13-17 CANDLE LANE

 

There was submitted Agenda Note AN247-2007, making reference to Article 1(b) of the minute of meeting of this Committee of 31st October, 2005, wherein the Committee resolved to grant planning permission for the conversion of the former Seamen's Mission to 8 flats and the erection of 30 new flats on Candle Lane subject to the conclusion of a Section 75 Agreement.

 

The proposed Heads of Agreement were as follows:-

 

(a) the phasing of the development and the restoration of the listed buildings which shall ensure that the listed Seamen's Mission shall be converted into flats and the listed former Seamen's Chapel is made wind and watertight and transferred at nil value to Tayside Building Preservation Trust prior to the commencement of development of the proposed 30 new build flats;

 

(b) the upgrading of the carriageway and footways at Candle Lane to a satisfactory standard; and

 

(c) the prohibition of any of the proposed dwellings becoming a house in multiple occupation.

The Agreement had not yet been concluded. The applicants now wished to convert the former Seamen's Mission to 12 (as opposed to 8) flats and a separate planning application for this conversion proposal was recommended for approval.

 

The applicants had also requested that the requirement in the Section 75 Agreement to convert the former Seamen's Mission under (a) above would take effect prior to the occupation of any of the 30 new build flats as opposed to the commencement of development. This would allow them to continue with the development as a single operation rather than completing it in two distinct phases. It is considered that this change is acceptable and would also avoid the situation where dwellings were occupied in the converted building whilst extensive building works were being carried out on the adjoining land. The other requirements, including those relating to the former Seamen's Chapel, would remain unchanged.

 

The Committee agreed that the Heads of the Section 75 Agreement be amended to reflect the changes sought.

 

IV PLANNING APPEAL DECISIONS

 

There was submitted Agenda Note AN248-2007 advising of the undernoted planning appeal decisions:-

 

(a) LAND SOUTH OF STEVEN'S YARD, SHEPHERD'S LOAN, DUNDEE - ERECTION OF 2 HOUSES (APPEAL AGAINST THE FAILURE OF THE COUNCIL TO DETERMINE THE APPLICATION WITHIN THE STATUTORY PERIOD)

 

Reference was made to Article I of the minute of meeting of this Committee of 20th August, 2007, wherein members agreed to the case which it would make at this appeal based on the decision it would have reached had the application been determined (adverse impact on the setting of the Category A listed High Mill; and the applicant's failure to demonstrate that potential ground contamination could be overcome; and that the proposal was capable of being compliant with local plan design and layout criteria).

 

It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997, and the appeal had been dismissed.

 

(b) LAND AT 56 SEYMOUR STREET, DUNDEE - OUTLINE APPLICATION FOR ERECTION OF HOUSE

 

Reference was made to Article I(i) of the minute of meeting of this Committee of 26th February, 2007, wherein the Committee refused the above planning application because the Council considered that the proposal was contrary to the provisions of Policies 1 and 15 of the Dundee Local Plan Review 2005 (likely adverse impact on the occupiers of neighbouring properties through loss of privacy; inadequacy of access arrangements; inconsistency with prevailing densities in the 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 the appeal had been dismissed.

 

(c) FORMER BLACKNESS NURSERY, PERTH ROAD, DUNDEE - ERECTION OF 20 HOUSES

 

Reference was made to Article IV(c) of the minute of meeting of this Committee of 4th December, 2006, wherein the above proposal was refused planning permission because the Council considered that the proposal was contrary to the provisions of Policies 2, 4, 72 and 75 of the Dundee Local Plan Review 2005 (housing land release, non compliance with development brief, protection of trees and drainage matters).

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 and planning permission granted with a total of twenty conditions relating to tree protection, landscaping, management and maintenance of communal open spaces, finishing materials, boundary treatments, access road and footway details, surface water drainage details and maintenance, and restrictions in respect of permitted developments and the occupation of any of the dwellings as an HMO.

 

(d) 105 CHARLESTON DRIVE, DUNDEE - ADVERTISING ENFORCEMENT NOTICE APPEAL (UNAUTHORISED ILLUMINATED FASCIA BOX SIGN)

 

Reference was made to an Advertisement Enforcement Notice served by the Council on 16th May, 2007 in respect of the display of an illuminated fascia box sign at the above location.

 

It was reported that the decision was subsequently appealed by the applicant under the provisions of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, and the appeal had been dismissed.

 

(e) LAND NORTH AND SOUTH OF DONALD'S LANE, DUNDEE - RESIDENTIAL DEVELOPMENT OF 33 DWELLINGS

 

Reference was made to Article I(e) of the minute of meeting of this Committee of 19th June, 2006, wherein the Committee refused the above planning application because the Council considered that the proposal was contrary to the provisions of Policy 72 of the Dundee Local Plan Review 2005 (the proposal would involve the removal of healthy mature trees subject to the protection of a TPO).

 

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) HALLEYS BAR, 22 STRATHMARTINE ROAD, DUNDEE - ERECTION OF CANOPY AND SECURITY FENCING

 

Reference was made to the decision of the Council on 28th February, 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 1 of the Dundee Local Plan Review 2005 (detrimental impact on the amenity of local residents by virtue of noise and smell).

 

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 and planning permission granted with conditions relating to the submission of details of the CCTV and self-closing door mechanism, and the prohibition of amplified music or vocals in the well area.

 

(g) HIGH MILL, HIGH MILL COURT, DUNDEE - CHANGE OF USE AND LISTED BUILDING CONSENT APPLICATIONS FOR THE ALTERATION OF LOWER GROUND FLOOR SHELL UNITS TO FORM 4 FLATS

 

Reference was made to Articles I(f) and (g) of the minute of meeting of this Committee of 26th February, 2007, wherein the above proposals were refused planning permission and Listed Building Consent because the Council considered that the proposal was contrary to the provisions of Policies 1, 4 and 60 of the Dundee Local Plan Review 2005 and the provisions of Sections 15 and 59 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (lack of off-street car parking, overlooking, noise, location of flues, adverse impact on a Category A listed building due to the introduction of additional openings).

It was reported that the decisions subsequently were appealed by the applicant under the provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997 and Section 18 and Schedule 3 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and had been upheld and granted planning permission and Listed Building Consent (except in respect of the gas boiler flues and ventilation grilles) with conditions relating to the submission of a scheme relating to the treatment of potential contamination; samples of materials including glazing; the installation of non-opening windows; and refuse storage and recycling).

 

(h) LAND NORTH OF REID SQUARE, DUNDEE - THE ERECTION OF 10 FLATS AND ASSOCIATED ACCOMMODATION FOR SUPPORT STAFF (DESCRIPTION OF DEVELOPMENT AMENDED DURING COURSE OF THE PUBLIC INQUIRY)

 

Reference was made to Article I(f) of the minute of meeting of this Committee of 22nd January, 2007, wherein consideration of the above application was deferred to allow the applicants the opportunity to appeal as a deputation before the Committee. The report by the Director of Planning and Transportation to that Committee recommended approval of the application with conditions.

 

It was reported that appeal under the provisions of Section 47 and Schedule 4 was subsequently lodged against the failure of the Council to issue a decision within the prescribed period, and had been upheld and planning permission granted for the erection of 10 flats and associated accommodation for support staff. The permission was limited to 10 flats to ensure that given the nature of the facilities, including the level of car parking provision, the development remains in non-mainstream residential use in accordance with Policy 10 of the Dundee Local Plan Review 2005. Conditions were applied relating to finishing materials, landscaping, tree protection, site contamination, waste recycling and security measures.

 

(i) LAND SOUTH OF RIVERSIDE DRIVE, DUNDEE - APPEAL AGAINST THE IMPOSITION OF CONDITION 3 ON PLANNING PERMISSION IN RESPECT OF A HOTEL AND RESTAURANT DEVELOPMENT

 

Reference was made to Article I(i) of the minute of meeting of this Committee of 26th March, 2007, wherein the above proposal was granted planning permission subject to a condition to the effect that the development should be carried out only in strict conformity with the details shown in the approved plans. The reason for the condition was to ensure that the building maintained a quality design appropriate to the site and the surrounding area.

 

The imposition of the condition was subsequently appealed by the applicant under the provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997 and the appeal had been upheld.

 

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

 

There was submitted Report No 470-2007 by the Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during August 2007.

 

The Committee noted the contents of the report.

 

 

 

 

Roderick A J WALLACE, Convener.