Planning Committee (including Former Development Management And Development Quality) - 18/02/2008

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 18th February, 2008.

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 21st January, 2008 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 07-00796-FUL - 113 BUTTARS LOAN - ERECTION OF 48 BED NURSING HOME - FOR ROSEANGLE HEALTHCARE TRUST

The Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation, and subject to an additional condition (12), that "prior to the first use of the building hereby approved, an additional two car parking spaces shall be provided on the west side of the access road in accordance with details which have previously been submitted to the City Council for approval and if approved, the works shall be carried out only in accordance with such approved details in order to ensure adequate off-street car parking in the interests of highway safety and the amenities of nearby residents."

(b) 07-00807-FUL - CLEMENT PARK HOUSE, CLEMENT PARK PLACE - RESTORATION OF CLEMENT PARK HOUSE AND GARDENS TO PROVIDE 10 FLATTED DEVELOPMENT AND THE CONSTRUCTION OF 23 TOWNHOUSES IN PRIVATE WALLED GARDENS - FOR BUDDON LTD

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

(c) 07-00808-LBC - CLEMENT PARK HOUSE, CLEMENT PARK PLACE - RESTORATION OF HOUSE AND GARDENS TO PROVIDE 10 FLATTED DEVELOPMENT AND ALTERATIONS TO WALLED GARDENS - FOR BUDDON LTD

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

(d) 07-01131-FUL - LAND TO NORTH OF HEBRIDES DRIVE - ERECTION OF 12 SEMI-DETACHED DWELLINGHOUSES - FOR ANGUS & TAYSIDE HOMES LTD

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

(e) 07-01122-FUL - INVERCARSE HOTEL, 371 PERTH ROAD - 16 BEDROOM EXTENSION TO EXISTING HOTEL, ADDITIONAL CAR PARKING AND RELOCATION OF WASTE COMPOUND - FOR REDWOOD LEISURE

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

(f) 07-01017-FUL - SEAFIELD HOUSE, 200 PERTH ROAD - DEMOLITION OF GARAGE AND ERECTION OF TWO 3 STOREY APARTMENTS - FOR MR AND MRS VAN DER ESCH

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

(g) 07-00714-FUL - GARDEN GROUND TO SOUTH OF 91 FORFAR ROAD - ERECTION OF TWO STOREY DWELLINGHOUSE - FOR MR AND MRS PRIOR

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

(h) 07-01051-FUL - LAND EAST OF 24 AND WEST OF 22 HERON RISE - ERECTION OF DWELLINGHOUSE - FOR TAYHAUSEN LTD

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

(i) the proposed development is of an unsatisfactory design quality in terms of inadequate car parking and insufficient garden ground contrary to Policies 4 and 88 of the adopted Dundee Local Plan Review 2005. There are no material considerations which would justify laying aside the Development Plan;

(ii) the proposed development is of an unsatisfactory quality in terms of overshadowing of neighbouring land, loss of open space resulting in a reduction of amenity, unacceptable parking and traffic issues and poor quality of building design contrary to Policy 1 of the adopted Dundee Local Plan Review 2005. There are no material considerations which would justify laying aside the Development Plan;

(iii) the proposed development is of an unsatisfactory design quality in terms of its effect on the setting of a listed building and the Trottick Conservation Area contrary to Policies 55 and 61 of the adopted Dundee Local Plan Review 2005 and the requirements of Sections 59 and 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. There are no material considerations which would justify laying aside the Development Plan; and

(iv) the proposed development is of an unsatisfactory design quality in terms of its location in a flood risk zone contrary to Policy 76 of the adopted Dundee Local Plan Review 2005. There are no material considerations which would justify laying aside the Development Plan.

(i) 07-01027-FUL - 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 EN-SUITE - FOR MR N SOLOMON AND MS M STUART

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 case 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.

(j) 08-00008-FUL - 6 ALBANY ROAD, BROUGHTY FERRY - DEMOLITION OF GARAGE AND ERECTION OF TWO STOREY EXTENSION TO THE SOUTH AND WEST AND SINGLE STOREY PORCH TO NORTH - FOR MR AND MRS ISMAIL

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

(k) 7 CHALLUM PLACE, BROUGHTY FERRY - DEMOLITION OF ATTACHED GARAGE, ERECTION OF TWO STOREY EXTENSION TO CREATE TWO BEDROOMS AND BATHROOM, TO UPPER FLOOR WITH LOUNGE AND SINGLE GARAGE TO GROUND FLOOR - FOR MR AND MRS LYLE

This item was withdrawn.

(l) 07-01071-FUL - 300 BROUGHTY FERRY ROAD - DORMER CONVERSION TO REAR OF HOUSE - FOR MR D McINTOSH

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

(m) 07-01086-FUL - 41 AND 43 CEDAR ROAD, BROUGHTY FERRY - REAR EXTENSION TO HOUSE AT 41 AND 43 CEDAR ROAD - FOR DR AND MRS ANDERSON

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

(n) ACADEMY TERRACE, 30 FORFAR ROAD - INSTALLATION OF RAILINGS TO FRONT OF HOUSE AND PAVING SLABS - FOR SUSAN MARSHALL

This item was withdrawn.

(o) 07-00970-COU - 27 CRAIGOWAN ROAD - CHANGE OF USE FROM SHOP TO HOT FOOD TAKEAWAY - FOR MR MOHAMMED IQBAL

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

(i) the proposed development is contrary to Policy 1 - Vibrant and Sustainable Communities in the Dundee Local Plan Review 2005 as the development will be likely to have an unacceptable adverse affect on the environmental quality enjoyed by local residents by reason of parking and traffic movement issues and potential noise and smell. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the terms of the Development Plan; and

(ii) the proposed development is contrary to Policy 53 - Licensed and Hot Food Premises outwith the City Centre in the Dundee Local Plan Review 2005 as the development will be within thirty metres of existing housing and will operate after 7pm. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the terms of the Development Plan.

(p) 07-01031-FUL - 128 GRAY STREET, BROUGHTY FERRY - INSTALLATION OF CONDENSER UNITS IN PEND - FOR MDC AIR CONDITIONING

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

II PLANNING APPEAL DECISION

There was submitted Agenda Note AN30-2008 advising of the outcome of the undernoted Planning Appeal:-

LAND TO WEST OF PITKERRO MILL, KELLAS ROAD, DUNDEE - ERECTION OF SIX DWELLINGHOUSES AND GARAGES

Reference was made to Article I(g) of the minute of meeting of this Committee of 18th June, 2007, wherein the above proposal was refused planning permission because the Committee considered that the proposals would add to potential flooding problems; adversely affect the nature conservation value of the site; add to traffic safety and congestion problems; and would detract from the visual amenity of 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 had been upheld and granted planning permission with a range of conditions relating to landscaping, tree protection, drainage, land contamination, design and public transport issues.

III PLANNING ENFORCEMENT REGULATIONS 2007 - CONSULTATION PAPER

There was submitted Report No 28-2008 by the Director of Planning and Transportation seeking confirmation of the views of the Council in response to the consultation paper "Planning Enforcement Regulations 2007" and seeking authority for the Director of Planning and Transportation to issue the response to the Scottish Government by 20th February, 2007.

The Committee agreed to:-

(a) endorse the recommendations contained in Appendix B to the report as the Council's formal response to the consultation paper; and

(b) authorise the Director of Planning and Transportation to issue the formal response to the Scottish Government by 20th February, 2008.

IV DRAFT REGULATIONS ON THE PLANNING HIERARCHY - CONSULTATION PAPER

There was submitted Report No 59-2008 by the Director of Planning and Transportation seeking confirmation of the views of the Council in response to the consultation paper "Draft Regulations on the Planning Hierarchy" and seeking authority for the Director of Planning and Transportation to issue the response to the Scottish Government by 21st March, 2008.

The Committee agreed to:-

(a) endorse the recommendations in Appendix B to the report as the Council's formal response to the Consultation Paper; and

(b) authorise the Director of Planning and Transportation to issue the formal response to the Scottish Government by 20th February, 2008.

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

There was submitted Report No 58-2008 by the Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during December 2007.

The Committee noted the contents of the report.

Roderick A J WALLACE, Convener.