Planning Committee (including Former Development Management And Development Quality) - 17/12/2007

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 17th December, 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	Fraser MACPHERSON	Will DAWSON
Mohammed ASIF	Helen DICK	Bob DUNCAN
Laurie BIDWELL	Ken GUILD	Stewart HUNTER
Tom FERGUSON	Jim BARRIE	Christina ROBERTS
Richard McCREADY	Jimmy BLACK	Alan G ROSS
Joe MORROW	David BOWES	Donald HAY
	Andrew DAWSON

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

The minute of meeting of this Committee of 19th November, 2007 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 07-00226-FUL - LAND TO SOUTHEAST OF EXPLORER ROAD, DUNDEE TECHNOLOGY PARK - ERECTION OF NEW HEADQUARTERS - FOR HILLCREST GROUP

Councillor Ferguson declared a non-financial interest in this application by virtue of his previous involvement in the matter during the recent by-election and took no part in the discussion thereof.

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 Convener, seconded by Councillor Keenan, moved deferral of the application.

As an amendment, Councillor Duncan, seconded by Councillor Ross, moved that the application be not deferred.

On a division, there voted for the motion - the Convener, Bailie Regan and Councillors Keenan, Bidwell, Barrie, Black and Will Dawson (7); and for the amendment - Lord Provost Letford, Bailies Wright, Sawers, Scott and Borthwick and Councillors Asif, McCready, Morrow, Macpherson, Dick, Guild, Bowes, Andy Dawson, Duncan, Hunter, Roberts, Ross and Hay (18) - Councillor Ferguson being absent when the vote was taken - whereupon the amendment was declared carried.

Thereafter, Councillor Duncan, seconded by Councillor Ross, moved refusal of the application on the grounds that the proposal fails to comply with Policy 1 (Vibrant and Sustainable Communities) of the Dundee Local Plan Review 2005 by virtue of the failure of the applicants to conclusively demonstrate that the chimney emissions from the biomass facility will not be to the detriment of local air quality. As a result, the applicants have failed to demonstrate that the proposal will not have a significant adverse impact on the environmental qualities currently enjoyed by the local residents. There are no material considerations that are of sufficient weight that would justify the approval of this application contrary to the provisions of the Development Plan.

As an amendment, the Convener, seconded by Councillor Black, 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 Regan, Wright, Sawers, Scott and Borthwick, and Councillors Keenan, Asif, Bidwell, McCready, Morrow, Macpherson, Dick, Guild, Barrie, Bowes, Andy Dawson, Will Dawson, Duncan, Hunter, Roberts, Ross and Hay (23); and for the amendment - the Convener and Councillor Black (2) - Councillor Ferguson being absent when the vote was taken - whereupon the motion was declared carried.

(b) 07-00849-FUL - LAND TO NORTH OF HEBRIDES DRIVE - ERECTION OF FOURTEEN SEMI-DETACHED HOUSES - FOR ANGUS AND TAYSIDE HOMES

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

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

(i) less than 40% of the proposed dwellings will be served by 160 square metres of useable garden ground. This will give an over-developed appearance to the resulting development to the detriment of residential and visual amenity. The proposed development is therefore considered contrary to Policy 1 and Policy 4 of the Dundee Local Plan Review 2005. There are no material considerations that would justify granting planning permission contrary to the Development Plan;

(ii) the two semi-detached dwellings to be located in the south-eastern corner of the application site are considered to be both remote and alien to the layout and form of both existing and proposed dwellings. This would result in dwellings with an orthodox layout and no real private useable garden ground which gives the overall proposal an over-developed appearance. This is not considered to be appropriate in terms of Urban Design and is at odds with the predominant pattern of development in the Hebrides Drive area. The proposed development is therefore considered contrary to Policy 1 and Policy 55 of the Dundee Local Plan Review 2005 and Dundee Urban Design Guide. There are no material considerations that would justify granting planning permission contrary to the Development Plan;

(iii) the applicant has failed to demonstrate that the proposed site layout as submitted can accommodate the required SUDs facility. The proposed development is therefore considered contrary to Policy 75 of the Dundee Local Plan Review 2005. There are no material considerations that would justify granting planning permission contrary to the Development Plan; and

(iv) the proposed erection of fourteen dwellings will lead to the development of a purposed built landscape belt that bounds the northern side of Hebrides Drive. The proposed development will therefore greatly reduce the level of environmental quality and visual amenity currently afforded to the existing residents of Hebrides Drive. The proposed development is therefore considered contrary to Policy 1 and Policy 55 of the Dundee Local Plan Review 2005. There are no material considerations that would justify granting planning permission contrary to the provisions of the Development Plan.

Councillor Ferguson declared a non-financial interest in this application by virtue of having previous knowledge of the objector 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) 07-00901-COU - 8 TO 12 SOUTH WARD ROAD - CHANGE OF USE FROM CAR SALES TO PASSENGER COLLECTION AREA - FOR DUNDEE TAXI COMPANY LTD

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

(e) 07-00915-FUL - MOYNESS, 76 GROVE ROAD - ALTERATIONS AND EXTENSION TO NURSING HOME - FOR MOYNESS NURSING HOME

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

(i) the proposed development contravenes Policies 1, 10(a) and 15(a) and (f) of the adopted Dundee Local Plan Review 2005 because its design would detract from the appearance of the original villa and of the wider area because it would obscure the attractive western elevation and would dominate the original villa and would remove the subtle link between the original villa and the eastern extension. There are no material considerations that would justify the approval of this application contrary to the provisions of the Development Plan;

(ii) the proposed development contravenes Policies 10(f) and 15(b), (d) and (e) of the adopted Dundee Local Plan Review 2005 because of its excessive scale and overdevelopment of the plot, excessive footprint and failure to respect the prevailing densities in the area. There are no material considerations that would justify the approval of this application contrary to the provisions of the Development Plan;

(iii) the proposed development contravenes Policy 15(h) of the adopted Dundee Local Plan Review 2005 because of the extensive felling of trees and the adverse impact of the western extension and car park on mature trees to be retained. There are no material considerations that would justify the approval of this application contrary to the provisions of the Development Plan; and

(iv) the proposed development would have a detrimental impact on the character and appearance of the West Ferry Conservation Area by reason of its adverse impact on the original villa known as Moyness, the overdevelopment of the site and the adverse impact on the mature trees 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.

(f) 07-00932-FUL - 86 MONIFIETH ROAD, BROUGHTY FERRY - CONSERVATORY EXTENSION TO SOUTH ELEVATION - FOR DR E CHESTER

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, Councillor Guild, seconded by Councillor Morrow, moved refusal of the application on the grounds that:-

(i) the proposed conservatory will adversely impact on the residential amenity enjoyed by the occupiers of the flat located above the proposal site as the proposal will frustrate the occupiers ability to clean and maintain their windows and achieve a safe means of escape, contrary to Policy 1 of the Dundee Local Plan 2005. There are no material considerations of sufficient weight and would justify the approval of the application contrary to the provisions of the Development Plan; and

(ii) the proposal is to be constructed in materials that are considered to be inappropriate to the application site's location in the Reres Hill Conservation Area contrary to Policy 61 of the Dundee Local Plan 2005. There are no material considerations of sufficient weight that would justify the approval of the application contrary to the provisions of the Development Plan.

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 - Bailies Sawers, Scott and Borthwick, and Councillors Asif, McCready, Morrow, Dick, Guild, Barrie, Black, Bowes, Andy Dawson, Will Dawson, Duncan, Roberts and Hay (16); and for the amendment - the Convener, Lord Provost Letford and Councillors Keenan, Bidwell, Ferguson, Macpherson and Hunter (7) - Bailie Wright and Councillor Ross declining to vote as they had been absent during part of the deliberations - whereupon the motion was declared carried.

(g) 07-00756-FUL - 30 SEAFIELD ROAD, BROUGHTY FERRY - REPLACEMENT OF FLAT ROOF WITH MONO PITCHED SLATED ROOF - FOR MR AND MRS W FORD

Thereafter, having considered objections received, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

At this point, the Committee agreed to suspend Standing Order No 26 in order that the meeting could proceed past 9.30pm.

(h) 07-00900-FUL - LAND TO NORTH OF 534 STRATHMARTINE ROAD - ERECTION OF MONOPOLE TELECOMMUNICATIONS MAST WITH FOUR CABINETS - FOR T MOBILE LTD

The Committee acceded to a request which had been received for a deputation to address the Committee in support of the 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 Hunter, seconded by Bailie Borthwick, moved refusal of 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 the location of a third mast in this area will result in a proliferation of masts which will create an unacceptable level of environmental impact in the locality. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the Policy; and

(ii) the proposed development is contrary to Policy 2 of the Dundee City Council's adopted Non-Statutory Planning Policies in Relation to Telecommunications Masts and Other Apparatus as the site is immediately adjacent to existing residential areas and the location of a third mast in this area, which is not sensitively located or designed, will result in an unacceptable proliferation of masts resulting in the loss of residential amenity.

As an amendment, the Convener, seconded by Councillor Morrow, 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, Bowes and Borthwick, and Councillors Keenan, Asif, McCready, Macpherson, Dick, Guild, Barrie, Black, Bowes, Andy Dawson, Will Dawson, Duncan, Hunter, Roberts, Ross and Hay (20); and for the amendment - the Convener, Bailie Scott and Councillors Bidwell and Morrow (4) - Bailie Regan and Councillor Ferguson being absent when the vote was taken - whereupon the motion was declared carried.

(i) 07-00887-OUT - GARDEN GROUND TO THE EAST OF 1 INCHKEITH AVENUE - DEVELOPMENT IN GARDEN GROUND OF ONE AND A HALF STOREY DWELLINGHOUSE - FOR MR AND MRS SMITH

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

(i) the erection of a dwelling in the garden ground of 1 Inchkeith Avenue will result in both the existing and proposed dwellings being served by less than 120 square metres of useable garden ground. This will have a significant impact upon the level of amenity afforded to each dwelling and will significantly depart from the prevailing density of Inchkeith Avenue. The proposed development is therefore contrary to Policy 1 and Policy 15 of the Dundee Local Plan Review 2005. There are no material considerations that would justify granting planning permission contrary to the Development Plan;

(ii) by virtue of design and layout, the final proportion of ground covered by buildings and hardstandings will amount to 50% of the original house and garden whereby only 50% of the remaining plot area will be cultivable garden ground. This will significantly impact upon the visual amenity of the existing and proposed dwellings through overdevelopment of the original building plot at 1 Inchkeith Avenue. The proposed development is therefore considered contrary to Policy 15 of the Dundee Local Plan Review 2005. There are no material considerations that would justify granting planning permission contrary to the Development Plan; and

(iii) the applicant has not demonstrated that the sub-division of 1 Inchkeith Avenue and creation of an additional building plot can satisfactorily accommodate two no off-street car parking spaces, a turning area and garage provision for the existing dwelling. This may lead to an increase of on-street car parking to the detriment of road safety. The proposed development is therefore considered contrary to Policy 1 of the Dundee Local Plan Review 2005. There are no material considerations that would justify granting planning permission contrary to the Development Plan.

(j) 07-00803-FUL - LOCK-UPS, THOMSON STREET - ERECTION OF THREE TWO STOREY TERRACED HOUSES - FOR CHARLESTON HOLDINGS LTD

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

(k) 07-00906-FUL - 27 ARBROATH ROAD - FORMATION OF TWO ADDITIONAL DWELLINGS - FOR H & H PROPERTIES

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

(l) 07-00883-OUT - GARDEN GROUND TO THE EAST OF 14 STRIPS OF CRAIGIE ROAD - ERECTION OF HOUSE AND FORMATION OF DRIVEWAY - FORMATION OF HOUSE AND DRIVEWAY

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

(i) the formation of a residential building plot in the rear garden ground of 14 Strips of Craigie Road will result in the existing dwelling being served by no more than 70 square metres of useable side garden ground. The proposed development will have a significant impact upon the level of environmental quality currently afforded to the existing dwelling to the detriment of amenity. The proposed development is therefore considered contrary to Appendix 1 of Policy 4 of the Dundee Local Plan. There are no other material considerations that would justify the grant of planning permission contrary to the provisions of the Development Plan;

(ii) the formation of a residential building plot in the rear garden ground of 14 Strips of Craigie Road will significantly reduce the development ratio of the existing plot at 14 Strips of Craigie Road from 1:7 to 1:4. Consequently, the proposed development will not respect prevailing building densities and will therefore significantly impact upon the surrounding residential streetscapes and level of amenity afforded to the existing and neighbouring properties. The proposed development is considered contrary to Policy 1, Policy 4 and Policy 15 of the Dundee Local Plan Review 2005. There are no material considerations that would justify the grant of planning permission contrary to the provisions of the Development Plan; and

(iii) although no tree survey has been submitted and the applicant has certified that no trees are to be felled on site, the formation of an access, driveway and parking area will result in the felling of mature trees located along the western and southern boundaries of 14 Strips of Craigie Road. Such felling of trees will significantly impact upon the environmental quality and suburban character of the existing dwelling and surrounding properties. The proposed development is considered contrary to Policy 1 and Policy 15 of the Dundee Local Plan Review 2005. There are no material considerations that would justify the grant of planning permission contrary to the provisions of the Development Plan.

(m) 07-00823-FUL - WEST GREEN PARK, ROYAL DUNDEE LIFF HOSPITAL - SUBSTITUTE HOUSE TYPES FOR FIFTY FOUR PLOTS AT WEST GREEN PARK - FOR DUNCARSE LTD

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

(n) 07-00440-FUL - 365 BLACKNESS ROAD - INSTALLATION OF VELUX ROOFLIGHT WINDOWS - FOR MR AND MRS MACANDREW

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

(o) 07-00379-LBC - 365 BLACKNESS ROAD - INSTALLATION OF VELUX ROOFLIGHT WINDOWS - FOR MR AND MRS MACANDREW

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

(p) 07-00640-COU - CRAIG GOWAN, 42 CAMPHILL ROAD, BROUGHTY FERRY - ALTERATIONS AND REFURBISHMENT TO CHANGE USE OF GRADE B LISTED BUILDING FROM AN HMO TO THREE RESIDENTIAL UNITS - FOR RICHARD MAHER

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

(q) 07-00666-LBC - CRAIG GOWAN, 42 CAMPHILL ROAD, BROUGHTY FERRY - ALTERATIONS AND REFURBISHMENT TO CHANGE USE OF GRADE B LISTED BUILDING FROM AN HMO TO THREE RESIDENTIAL UNITS - FOR RICHARD MAHER

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

(r) 07-00928-COU - 23 SEAFIELD ROAD - CHANGE OF USE, ALTERATIONS AND EXTENSION TO OFFICE BUILDING TO FORM A HOUSE, ERECTION OF GARAGE - FOR M LINTON

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

(s) 07-00927-LBC - 23 SEAFIELD ROAD - ALTERATIONS TO EXTENSION TO OFFICE BUILDING TO FORM A HOUSE - FOR M LINTON

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

(t) 07-00934-COU - 123 PERTH ROAD - CHANGE OF USE FROM LAUNDRETTE TO COFFEE HOUSE - FOR COFFEE CATERING LTD

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

(u) 07-00979-FUL - 2 EMMOCK WOOD CRESCENT - RETROSPECTIVE CONSENT FOR ERECTION OF DECKING TO SOUTH AND EAST OF DWELLING AND ERECTION OF FENCING - FOR RONALD HENRY ANGUS

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

(v) 07-00973-FUL - 36 McLEAN STREET - TWO STOREY EXTENSION TO SOUTH ELEVATION - FOR KERR AND GRANT GARDNER

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

(w) 07-00982-COU - 209 BROOK STREET, BROUGHTY FERRY - CHANGE OF USE FROM VACANT CLASS 1 RETAIL TO CLASS 2 BETTING OFFICE WITH ALTERATIONS TO THE SHOPFRONT - FOR LADBROKES PLC

Councillor Asif declared a non-financial interest in this application by virtue of being a trader in the area and took no part in the discussion thereof.

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

(i) the proposed change of use would detract from the vitality and viability of Broughty Ferry district shopping centre by introducing a non retail use with a dead frontage at a key location in the retail core area of the centre; and

(ii) the proposed change of use would result in parking and traffic congestion problems, as due to the nature of the use, users of the facility would be likely to park illegally in connection with short visits to the premises in circumstances where there are no parking spaces in the immediate vicinity of the site.

As an amendment, Councillor Duncan, seconded by Councillor Hunter, 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, Bailie Scott and Councillors Keenan, Bidwell, Ferguson, McCready, Macpherson, Dick, Guild, Barrie, Black, Andy Dawson, Roberts, Ross and Hay (15); and for the amendment - Bailies Wright and Sawers, and Councillors Morrow, Bowes, Will Dawson, Duncan and Hunter (7) - Lord Provost Letford, Bailies Regan and Borthwick and Councillor Asif being absent when the vote was taken - whereupon the motion was declared carried.

(x) 07-01000-COU - 1/1, 5 MORGAN PLACE - CHANGE OF USE FROM THREE BEDROOM FLAT TO FOUR BEDROOM HOUSE OF MULTIPLE OCCUPANCY - FOR MS J DIACK

After considering objections received, the Committee refused the application on the grounds that the proposed change of use is contrary to Policy 11 criteria (a) and (c) Houses in Multiple Occupation of the Dundee Local Plan Review 2005. This proposal is contrary to criteria (a) as it involves the change of a tenement flat with a common stair. It is contrary to criteria (c) because there is very limited car parking available in the area of the proposed site and the proposal will add further to the current parking problems. For the same reasons the proposed development contravenes criteria (a) and (c) of HMO3 of the Council's Supplementary Planning Policy Guidance to the Dundee Local Plan Review 2005 approved by the Council in November 2006. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the Development Plan.

(y) 07-00999-FUL - 25 COLLINGWOOD STREET, BROUGHTY FERRY - PROVISION OF BEDROOM AND ENSUITE WITH DORMER IN ATTIC AND REPLACEMENT OF ALL WINDOWS - FOR MR AND MRS K McCRORY

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

II TAY STREET LANE - SITE PLANNING BRIEF

There was submitted Agenda Note AN302-2007, making reference to Article II of the minute of meeting of the Planning and Transport Committee of 12th November, 2007 wherein, inter alia, it was agreed to refer the abovementioned final site planning brief to this Committee as a relevant material planning consideration.

The Committee noted accordingly.

III VARIATION OF SECTION 75 AGREEMENT, WEST GREEN PARK

There was submitted Agenda Note AN303-2007, making reference to Article VII of this Committee of 28th March, 2005, wherein an application was approved subject to a number of conditions and to the signing of a Section 75 Agreement to cover a number of issues including phasing. The phasing incorporated into the Section 75 Agreement provided for four distinct phases comprising both new build and conversion in each phase. Planning permission was also subsequently granted for conversion of the proposed leisure facility to form eight flats and two townhouses in June 2006 and a non-material amendment to the original consent was granted in December 2006 to make amendments to the site layout as a result of site circumstances.

In order to protect the listed buildings as they became vacant, work had proceeded on their conversion at the expense of the new build and the conversions had proven to be more attractive to buyers. This now required to be formally reflected in a variation of the original Section 75 Agreement.

Accordingly, the Committee was asked to approve the Variation Agreement with the developer, as detailed below:-

Original Section 75 phasing:-

1 26 new build and 32 conversions including conversion of Liff House to one single house, and leisure centre.

2 7 new build and 21 conversations, restaurant/cafe and nursery.

3 25 new build and 8 conversions.

4 new build and 21 conversions.

The total conversions were 82 and new build 62.

Liff House should have been additional to the original 32 conversions which raised the total conversions to 83. One conversion in Greystanes House was completed in Phase 1 rather than Phase 2. The leisure centre which forms part of Greystanes House was subsequently granted approval to be converted to 10 units.

Proposed new phasing:-

1 new build and 33 conversions and conversion of Liff House.

2 30 conversions.

3 new build and 21 conversions.

4 54 new build and 8 conversions.

The total conversions are 93 and new build 61.

Due to amendments to the layout as a result of site circumstances, the total number of new build units to be included in this Section 75 has been reduced by one.

In addition, the layout plan in terms of the Non-Material Amendment erroneously identified sites for two new build houses which did not form part of the non-material amendment and for the avoidance of doubt, the Variation Agreement will confirm that no development will take place on these areas in terms of the Consent.

The Committee approved accordingly.

IV APPEAL DECISIONS

There was submitted Agenda Note AN304-2007, advising of the undernoted appeal decisions:-

(a) FLAT A, 3 VICTORIA ROAD - RETROSPECTIVE CHANGE OF USE FROM BEAUTY SALON TO FLAT

Reference was made to the decision of the Council on 30th March, 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 4 of the Dundee Local Plan Review 2005 (standards for new residential development) and because the granting of permission would conflict with the Council's air quality objectives by virtue of the flat's location at ground floor level in an area subject to high pollutant levels.

An appeal was also lodged against an enforcement notice issued in respect of the unauthorised use.

It was reported that the decisions were subsequently appealed by the applicant under the provisions of Sections 47, Schedule 4 and Section 130 of the Town and Country Planning (Scotland) Act 1997, and had been upheld.

(b) UPPER FLOORS, 53 GELLATLY STREET - CONVERSION OF WAREHOUSE AND OFFICE TO FORM EIGHT FLATS WITH RETAINED GROUND FLOOR WAREHOUSE

Reference was made to the decision of the Council on 6th July, 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 4 of the Dundee Local Plan Review 2005 (the proposal was deficient in design quality, size of individual units, adequacy of cycle storage, lack of natural light and potential for noise disturbance).

It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 47 and Schedule 3 of the Town and Country Planning (Scotland) Act 1997, and had been dismissed.

Reference was made to the decision of the Council on 15th May, 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 the following policies of the Dundee Local Plan Review 2005: Policy 26 (residential development not supported in general economic development areas) and four (non-compliance with design standards of new residential development).

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) LAND NORTH OF FALKLAND CRESCENT, BROUGHTY FERRY - ERECTION OF THREE HOUSES

Reference was made to Article 1(j) of the minutes of the Development Quality Committee of 18th June, 2007, wherein the above proposal was refused planning permission because the Council considered that the proposal:-

(a) would lead to pedestrian and traffic safety problems;

(b) would overlook and overshadow adjacent properties contrary to Policy 4 of the Dundee Local Plan Review 2005;

(d) would involve the loss of valuable open space.

(e) LAND WEST OF WOODCROFT, 69 DUNDEE ROAD, WEST FERRY - ERECTION OF DETACHED DWELLINGHOUSE

Reference was made to Article I(o) of the minute of meeting of this Committee of 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, 4, 15 and 61 of the Dundee Local Plan Review 2005 (the design and layout of new housing is required to be of high quality respecting prevailing densities; the respecting of criteria for developments in garden ground; and the preservation and enhancement of the conservation area).

(f) FLAT 2/0, 7 CANNING STREET - REINSTATEMENT OF PROPERTY TO TWO X ONE BEDROOM FLATS

Reference was made to the decision of the Council on 10th August, 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 4 of the Dundee Local Plan Review 2005 (sub-standard quality of residential accommodation) in that two small single bedroom flats were proposed.

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

There was submitted Report No 583-2007 by the Director of Planning and Transportation advising the Committee of action taken in dealing with dangerous buildings during the month of October 2007.

The Committee noted the contents of the report.

Roderick A J WALLACE, Convener.

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