Planning Committee (including Former Development Management And Development Quality) - 21/01/2008

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 21st January, 2008.

Present:-

BAILIES

COUNCILLORS

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

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

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) ST RONANS, DALKEITH ROAD - DEMOLITION OF EXISTING BUILDING AND ERECTION OF SIXTEEN TOWNHOUSES WITH ASSOCIATED ACCESS ROAD - CAR PARKING - FOR STUART MILNE HOMES

This application was withdrawn.

(b) 07-00580-FUL - 78 ROSEBANK STREET - ERECTION OF FOUR DWELLINGHOUSES - FOR LONGHOUSE RESIDENTIAL

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

(c) 07-00072-FUL - TAY HOTEL, WHITEHALL CRESCENT - CHANGE OF USE OF EXISTING HOTEL AND NIGHTCLUBS (VACANT) TO FORM A MIXED USE DEVELOPMENT CONSISTING OF FLATS/MAISONETTES, APARTHOTEL AND CAFE/BAR - FOR MEC SERVICES INTERNATIONAL LTD

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

(d) 07-00073-LBC - TAY HOTEL, WHITEHALL CRESCENT - ALTERATIONS TO FORMER HOTEL TO FORM APARTHOTEL AND RESIDENTIAL UNITS - FOR MEC SERVICES INTERNATIONAL LTD

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

(e) 07-01023-FUL - 18 ROCKFIELD STREET - DEMOLITION OF HOUSE AND ERECTION OF TWO DETACHED TWO STOREY HOUSES - FOR SOLERA ASSOCIATES

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

(f) 07-00933-FUL - LAWSIDE WORKS, 29 PATERSON STREET - AMENDMENTS TO APPROVED REDEVELOPMENT TO PROVIDE TWO FLATS WITH PARKING - FOR HILLCREST HOUSING ASSOCIATION

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

(g) 07-00855-FUL - GARDYNE CAMPUS, GARDYNE ROAD - OVERCLADDING OF EXISTING BUILDING AND CREATION OF NEW COVERED ENTRANCE AND ATRIUM AND SURFACING AND LIGHTING OF WEST CAR PARK - FOR DUNDEE COLLEGE

Councillor Ferguson declared a non-financial interest in this item by virtue of being a member of the Board of Dundee College and its Property Committee, and left the Chamber during its consideration.

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

(h) 07-00972-FUL - BATHING SHELTER, THE ESPLANADE - DEMOLITION OF EXISTING SHELTER AND ERECTION OF TWO STOREY RESTAURANT, FUNCTION SUITE, KIOSK AND LIFEGUARD STATION - FOR N K DEVELOPMENTS LTD

The Convener declared a non-financial interest in this item by virtue of having been contacted by an objector regarding procedural advice.

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 Policies 1 and 53 of the adopted Dundee Local Plan Review 2005 because of its proximity to houses and the adverse impacts of its design, cramped layout, inadequate parking provision and late night noise and disturbance. There are no material considerations that would justify the approval of this application contrary to the provisions of the Development Plan;

(ii) the design of the proposed development contravenes Polices 1 and 55 of the adopted Dundee Local Plan Review 2005 because of the excessive scale of the building and overdevelopment of the plot, its incongruous relationship with the adjoining Victorian style toilet building, the blandness of the side and rear elevations and the choice of inappropriate finishing materials. 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 would have a detrimental impact on the character and appearance of the Broughty Ferry Conservation Area by reason of its poor design, excessive scale of the building and overdevelopment of the plot, its incongruous relationship with the adjoining Victorian style toilet building, the blandness of the side and rear elevations and the choice of inappropriate finishing materials 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

(iv) the proposed development would have a detrimental impact on the Green Circular Cycle and Pedestrian Route as it passes in front of the application site by reason of the inadequate width provided for pedestrians and cyclists and the removal of secure cycle parking facilities contrary to Policies 81 and 82 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.

(i) 07-00971-CON - BATHING SHELTER, THE ESPLANADE - DEMOLITION OF EXISTING SHELTER AND ERECTION OF TWO STOREY RESTAURANT, FUNCTION SUITE, KIOSK AND LIFEGUARD STATION - FOR N K DEVELOPMENTS LTD

After considering objections received, the Committee refused the application on the grounds that in the absence of acceptable proposals for the redevelopment of the site, the demolition of this building does not comply with the requirements of Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and Policy 62 of the Dundee Local Plan Review 2005.

(j) 07-00860-FUL - CARRIAGEWAY WIDENING, NEW CAR PARK ACCESS, TROLLEY BAY RENEWAL AND LIGHTING REPAIRS/UPGRADE - FOR ASDA STORES LTD

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

(k) 07-01040-FUL - 58 KINGSWAY EAST - SINGLE STOREY EXTENSION TO SOUTH OF EXISTING HOUSE - FOR MR AND MRS McLEAN

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

(l) 07-01022-FUL - ALTERATIONS TO EXISTING BUILDING - ADDITION TO FORM NEW CHURCH HALL (SEATING CAPACITY 150) - FOR SEVENTH DAY ADVENTIST CHURCH

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

(m) 07-01024-FUL - 592 PERTH ROAD - ERECTION OF DOUBLE GARAGE - FOR MR G BANKS

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

(n) 81 CLATTOWOODS PLACE - PROPOSED SINGLE STOREY EXTENSION TO REAR OF HOUSE AND TWO STOREY EXTENSION TO SIDE OF HOUSE TO FORM ATTACHED GARAGE WITH BEDROOM AND ENSUITE - FOR MR N SOLOMON AND MS M STUART

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, the Committee deferred consideration of the application for one month to allow dialogue between the applicant and the objectors.

II DRAFT LOCHEE PHYSICAL REGENERATION FRAMEWORK - REPORT ON CONSULTATION

There was submitted Agenda Note AN11-2008, making reference to Article II of the minute of meeting of the Planning and Transport Committee of 10th December, 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 PLANNING APPEAL DECISION

There was submitted Agenda Note AN12-2008 relative to the undernoted Planning Appeal decision:-

3-5 Raglan Street - Demolition of Garage and Part Nursery and Erection of Replacement Nursery and Eight Flats

Reference was made to the decision of the Council on 6th June, 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 Policies 4 and 19 of the Dundee Local Plan Review 2005 (flatted development; inadequacy of parking and bike storage facilities; inadequacy of staff parking, dropping-off facilities and outdoor play space in relation to the nursery element of the proposals).

It was noted 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 BUILDING (SCOTLAND) ACT 2003 - SECTIONS 29 AND 30 - DANGEROUS BUILDINGS

Councillor Lynn declared a non-financial interest in the above item by virtue of being an employee of Dundee Cyrenians.

There was submitted Report No 2-2008 by the Director of Planning and Transportation advising members of the action taken in dealing with dangerous buildings during November 2007.

The Committee noted the contents of the report.

Roderick A J WALLACE, Convener.