Planning Committee (including Former Development Management And Development Quality) - 17/03/2008

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 17th March, 2008.

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 18th February, 2008 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 07-00048-FUL - QUEENS HOTEL, 160 NETHERGATE - ERECTION OF 30 BEDROOM EXTENSION OF THREE STOREYS LOCATED IN REAR OF CAR PARK AREA - FOR QUEENS HOTEL

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

(b) 07-00052-LBC - QUEENS HOTEL, 160 NETHERGATE - ALTERATIONS AND THREE STOREY REAR EXTENSION TO FORM ADDITIONAL ACCOMMODATION - FOR QUEENS HOTEL

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

(c) 07-00832-FUL - PITALPIN WORKS, PITALPIN STREET - CONVERSION OF MILL AND STORE TO FORM 18 RESIDENTIAL UNITS, ERECTION OF 11 FLATS AND FORMATION OF ROAD ACCESS - FOR FORMAN CONSTRUCTION

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

(d) 07-00829-LBC - PITALPIN WORKS, PITALPIN STREET - CONVERSION OF MILL AND STORE TO FORM 18 RESIDENTIAL UNITS - FOR FORMAN CONSTRUCTION

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

(e) 08-00012-FUL - WESTBAY, 34 ALBERT ROAD, BROUGHTY FERRY - DEMOLITION OF EXISTING BUILDING AND REDEVELOPMENT OF SITE WITH 12 FLATS - FOR ALAN HUNTER

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

(f) 08-00009-FUL - 21 GRAY STREET - ERECTION OF DETACHED TWO STOREY HOUSE - FOR TAYBANK PROPERTIES LTD

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

(g) CRAIG GOWAN, 42 CAMPHILL ROAD, BROUGHTY FERRY - PROPOSED NEW BUILD DETACHED DWELLINGHOUSE SET WITHIN THE GROUNDS OF CRAIG GOWAN HOUSE - FOR RICHARD MAHER

This item was withdrawn.

(h) CRAIG GOWAN, 42 CAMPHILL ROAD, BROUGHTY FERRY - PROPOSED NEW BUILD DETACHED DWELLINGHOUSE SET WITHIN GARDEN GROUNDS OF CRAIG GOWAN HOUSE, INCLUDING PART DEMOLITION AND REBUILDING OF WEST BOUNDARY WALL (LISTED BUILDING CONSENT) - FOR RICHARD MAHER

This item was withdrawn.

(i) 07-01123-FUL - LAND TO NORTH OF WEST ROAD, LIFF - ERECTION OF DWELLINGHOUSE - FOR DUNCARSE LTD

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

(j) 08-00048-FUL - 40 PERTH ROAD - CONVERSION OF STORES TO TWO MAISONETTE FLATS (LOWER GROUND FLOOR REAR) - FOR TAYSIDE PROPERTY MANAGEMENT

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

(k) 08-00049-LBC - 40 PERTH ROAD - CONVERSION OF STORES TO TWO MAISONETTE FLATS (LOWER GROUND REAR FLOOR) - FOR TAYSIDE PROPERTY MANAGEMENT

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

(l) 08-00046-FUL - 40 PERTH ROAD - CONVERSION OF TWO OFFICES AND STORES TO TWO MAISONETTE FLATS (LOWER GROUND FLOOR FRONT) - FOR TAYSIDE PROPERTY MANAGEMENT

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

(m) 08-00047-LBC - 40 PERTH ROAD - CONVERSION OF TWO OFFICES AND STORES TO TWO MAISONETTE FLATS (LOWER GROUND FLOOR FRONT) - FOR TAYSIDE PROPERTY MANAGEMENT

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

(n) FORMER FILLING STATION, BROUGHTY FERRY ROAD - ERECTION OF TWO STOREY OFFICE - FOR N K DEVELOPMENTS

This item was withdrawn.

(o) 08-00027-FUL - 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 S LYLE

Councillor Macpherson declared an interest in this application by virtue of knowing one of the objectors 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 Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation, and subject to the additional condition (2) "that details of the mutually agreed boundary fence between the application site and 8 Challum Place shall be submitted to the Council for approval before any development is commenced and if approved the development shall be carried out only in full accordance with such approved details, in order to protect the amenities of the occupants/owners of nearby adjacent properties in the locality."

(p) 07-01077-COU - 92 STRATHERN ROAD, BROUGHTY FERRY - CHANGE OF USE FROM GARAGE TO ANCILLARY RESIDENTIAL ACCOMMODATION - FOR MR AND MRS B ANDERSON

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

(q) 08-00003-FUL - 11 DEEPDALE PLACE, BROUGHTY FERRY - DEMOLITION OF EXISTING GARAGE AND ERECTION OF BUILDING CONTAINING BEDROOM/EN-SUITE AND KITCHEN

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

(r) 07-01120-FUL - THE BROADWAY BAR, 20 ERSKINE STREET - ELEVATIONAL ALTERATIONS/ERECTION OF CANOPY OVER DOOR - FOR ROSEMOUNT TAVERNS (SCOTLAND) LTD

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

(i) the proposed development is contrary to Policy 1 - Vibrant and Sustainable Communities of the Dundee Local Plan Review 2005 as the location of the canopy will encourage patrons to congregate at the entrance to the Broadway Bar to the detriment of the amenities enjoyed by local residents in the flats above as a result of increased noise and smell disturbance. 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 55 - Urban Design of the Dundee Local Plan Review 2005 as the finish of the canopy will detract from the visual amenity of the surrounding traditional tenement streetscape. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy.

(s) 07-01119-FUL - 71 AMBLESIDE TERRACE - PROPOSED SINGLE STOREY EXTENSION TO REAR OF HOUSE TO FORM NEW SITTING AREA AND SINGLE STOREY EXTENSION TO SIDE OF HOUSE TO FORM UTILITY ROOM - FOR MR AND MRS P McCLEARY

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

(t) 08-00028-FUL - 13 BAYFIELD GARDENS, BROUGHTY FERRY - PROPOSED EXTENSION TO EAST ELEVATION OF DWELLING AND CREATION OF NEW DRIVEWAY - FOR MR AND MRS CHALMERS

Bailies Wallace and Scott declared an interest in this application by virtue of knowing the objector 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 Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

(u) 07-00611-FUL - 36 ALBERT ROAD, BROUGHTY FERRY - ALTERATIONS AND EXTENSION TO SOUTH ELEVATION OF EXISTING BOWLING CLUBHOUSE - FOR BROUGHTY BOWLING CLUB

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

(v) UNITS B8 AND B9, KINGSWAY WEST RETAIL PARK, 467 CLEPINGTON ROAD - PERMISSION TO MODIFY CONDITIONS 16 AND 4 OF PREVIOUS PLANNING APPLICATIONS - FOR RAVENSIDE INVESTMENTS

This item was withdrawn.

(w) 07-00984-FUL - 91A MAGDALEN YARD ROAD - FORMATION OF DRIVEWAY AND CREATION OF HARDSTANDING - FOR A H HAROLD

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

(i) it is considered that the provision of parking within the formal gardens of the listed building would have a detrimental effect upon its setting and that the creation of parking spaces in this area would detract from this attractive feature and is consequently considered to be contrary to Policy 60 (Alterations to Listed Buildings) of the Dundee Local Plan Review 2005; and

(ii) it is considered that the removal of a section of boundary wall would be detrimental to the character of the Conservation Area and in this respect would fail to preserve or enhance the Conservation Area. For this reason, it is considered that the proposal fails to comply with Policy 61 (Development in Conservation Areas) of the Dundee Local Plan Review 2005.

(x) 08-00017-COU - EAST KINGSWAY GARAGE, 172 ARBROATH ROAD - CHANGE OF USE FROM GARAGE WORKSHOPS TO PLANT AND TOOL HIRE - FOR MR BRIAN STEWART

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

II DEVELOPMENT MANAGEMENT - CONSULTATION PAPER

There was submitted Report No 88-2008 by the Director of Planning and Transportation seeking confirmation of the Council's views in response to the Consultation Paper "Development Management" and seeking authorisation for the Director of Planning and Transportation to issue the response to the Scottish Government.

The Committee agreed to:-

(a) endorse the commentary set out in Annex A to the report and the responses to the standard consultation questions set out in Annex 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 2nd April, 2008.

III BUILDING STANDARDS PEER GROUP REVIEWS

There was submitted Agenda Note AN50-2008 advising that the new Building Standards system which was introduced by the Building (Scotland) Act 2003 prohibited Local Authorities from verifying their own building projects. However, Scottish Ministers had appointed Local Authorities as sole verifiers of all building warrants in their areas for a period up to April 2008 to allow the new system to bed in. Scottish Ministers had now confirmed that from 30th April, 2008, Scottish Councils will no longer be permitted to exercise the verification role in any building in which the Council has an interest and would result in one local authority applying to another authority for building warrant approval in such circumstances.

It was reported that the Scottish Association of Building Standards Managers had met with the Building Standards Agency and the Minister and put forward a case for the retention of the verification role for buildings in which the Council has an interest. Consequently, the Minister had agreed to look favourably on the formation of peer group reviews to achieve the Minister's desire for third party checks. If Local Authorities agreed to be part of a peer group review they would be permitted to verify their own buildings. Discussions had taken place with Angus and Perth and Kinross Council regarding the formation of a consortia to carry out these Peer Group Reviews in their joint area and the approval of the Committee was sought for Dundee City Council, Building Standards Team to participate in the consortia.

The Committee approved accordingly.

IV APPEALS DECISIONS

There was submitted Agenda Note AN49-2008 advising the Committee of the undernoted appeal decisions:-

(a) THE CASK, 1-5 ALBERT STREET, DUNDEE - EXTERNAL SEATING AREA ON FOOTPATH ADJACENT TO PUBLIC HOUSE

Reference was made to Article 1(e) of the minute of meeting of this Committee of 4th June, 2007 wherein the above proposal was refused planning permission because the Council considered the proposals to be contrary to Policies 1 and 53 of the Dundee Local Plan 2005 (residential amenity; noise and public safety).

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.

(b) LAND AT CORNER OF BALGRAY PLACE AND BALGRAY STREET, DUNDEE - ERECTION OF FOUR TOWNHOUSES

Reference was made to the decision of the Council on 18th September, 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, 55 and 79 of the Dundee Local Plan Review 2005 (design, contaminated land and noise from adjacent industrial land use).

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.

(c) 10 DUNDONALD STREET - EXTERNAL SEATING AREAS IN FRONT OF PUBLIC HOUSE

Reference was made to Article 1(f) of the minute of meeting of this Committee of 4th June, 2007, wherein the above proposal was refused planning permission because the Council considered the proposals to be contrary to Policies 1 and 53 of the Dundee Local Plan 2005 (residential amenity; noise and public safety).

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.

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

There was submitted Report No 116-2008 by the Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during the month of January 2007.

The Committee noted the contents of the report.

Roderick A J WALLACE, Convener.