Planning Committee (including Former Development Management And Development Quality) - 21/04/2008

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

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 17th March, 2008 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 07-01088-FUL - 6 TOM McDONALD AVENUE - ERECTION OF SINGLE 31M HIGH WIND TURBINE - FOR CYPEX LTD

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

(b) 07-00036-FUL - SOUTH GRAY VILLAGE, DYKES OF GRAY ROAD - ERECTION OF 230 DWELLINGS WITH ASSOCIATED LANDSCAPING, ACCESS AND INFRASTRUCTURE - FOR GLADEDALE LTD

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

(c) 07-00190-FUL - SOUTH GRAY VILLAGE, DYKES OF GRAY ROAD - ENGINEERING WORKS FOR SURFACE WATER OUTFALL - FOR GLADEDALE LTD

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

(d) 07-00442-LBC - BRIDGE OVER LOCHEE BURN, DYKES OF GRAY ROAD - DEMOLITION AND RECONSTRUCTION OF NEW MILL OF GRAY BRIDGE - FOR GLADEDALE LTD

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

(e) 07-00670-COU - 2 ROSEANGLE - CHANGE OF USE FROM HMO TO RESTAURANT/TAKEAWAY WITH ALTERATIONS/EXTENSION - FOR H K DEVELOPMENTS

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

(f) 07-00671-LBC - 2 ROSEANGLE - ALTERATIONS AND EXTENSION TO LISTED BUILDING TO FORM RESTAURANT/TAKEAWAY FACILITY

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

(g) 07-00876-FUL - LAND TO REAR OF 83 TO 105 CHARLESTON DRIVE - PROPOSED HOUSING DEVELOPMENT (16 HOUSES)

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

(h) 07-01010-FUL - ELMWOOD, 3 CROMARTY DRIVE - SINGLE STOREY EXTENSION TO FORM ANCILLARY ACCOMMODATION - FOR MRS A FITZPATRICK

Councillor Morrow declared a non-financial interest in this item by virtue of knowing the applicant, 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.

(i) 07-01053-COU - 9 AND 10 TAY SQUARE - CHANGE OF USE FROM OFFICE TO BAR/RESTAURANT AND EXTERNAL ALTERATIONS - FOR GILLIAN VEAL

Councillor McCready declared a non-financial interest in this item by virtue of knowing one of the objectors, 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 and subject to the additional conditions that:-

"(2) total noise from all mechanical and electrical services shall not exceed NR35 as measured one metre external to the facade of the nearest residential accommodation;

(3) the takeaway facility shall operate only as an ancillary operation to the main use of the restaurant. For the avoidance of doubt, the facility shall only operate during the opening times of the restaurant and shall, at no time, operate independently of the restaurant;

(4) the ventilation system and accompanying details on drawing PO5 shall be made operational prior to the first use of the restaurant and takeaway facility. If the system to be used differs from this in any way, full details will be required to be submitted to the planning authority and approved in writing prior to the commencement of the works; and

(5) the mitigating measures as detailed in paragraph 6 of the Noise Impact Assessment, dated 6th March, prepared by New Acoustics and submitted as part of the hereby approved application shall be fully implemented as part of this development and will be in place before first use of the property as hereby approved;

in order to protect local residents from any noise generated as a result of the uses hereby granted consent."

(j) 07-01054-LBC - 9 AND 10 TAY SQUARE - ALTERATIONS TO FORM BAR/RESTAURANT - FOR GILLIAN VEAL

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

(k) 07-01118-FUL - LAND WEST OF RICHMOND TERRACE - ERECTION OF DWELLINGHOUSE - FOR MRS S ALLEN

The Committee acceded to requests which had been received for deputations to address the Committee relative to objections to the proposal. 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, Councillor Macpherson, seconded by Councillor McCready, moved refusal of the application on the grounds that:-

(i) the pruning and felling of trees for a new house in this prominent location will have a significant adverse impact on the appearance, character and setting of this part of the West End Suburbs Conservation Area contrary to the terms of Policy 61 of the 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 development plan;

(ii) the insertion of a large modern house in the prominent wooded slopes as proposed would not protect or enhance the character or the appearance of the West End Suburbs Conservation Area contrary to the terms of Policy 61 of the 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 development plan;

(iii) the proposed development is contrary to Policy 55 of the Dundee Local Plan Review 2005 by virtue of the design, appearance, scale and materials of the proposed dwellinghouse being inappropriate in the location proposed resulting in an adverse impact on the visual quality of the local environment. There are no material considerations that would justify the approval of the application contrary to the development plan; and

(iv) the proposed development has the potential to displace bat roosts and habitats resulting in an adverse impact on a European protected species of animal which is contrary to the terms of the Wildlife and Countryside Act 1981 as amended.

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 Regan, Wright, Scott and Borthwick and Councillors Ferguson, McCready, Macpherson, Dick, Barrie, Will Dawson, Fordyce, Hunter, Lynn and Roberts (15); and for the amendment - the Convener, Bailie Sawers and Councillors Keenan, Asif, Bidwell, Morrow, Black and Duncan (8) - whereupon the motion was declared carried.

(l) 08-00057-FUL - LAND TO SOUTH OF WHITEBURN, CRAIGIE DRIVE - ERECTION OF NEW DWELLINGHOUSE IN GARDEN GROUND AT CRAIGIE DRIVE - FOR MR J WHITE, MISS B WHITE, MRS N PRATT AND MRS G WRIGHT

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

(m) 08-00061-COU - 208-210 PERTH ROAD - CHANGE OF USE FROM UNLICENSED CAFE TO LICENSED RESTAURANT

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

(n) 08-00069-COU - 2 JACK MARTIN WAY, CLAVERHOUSE EAST INDUSTRIAL ESTATE - CHANGE OF USE TO EXISTING BUILDING TO PROVIDE SHOWROOM - FOR STRUAN MOTORS

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

(o) 08-00078-FUL - 20 BARNES AVENUE - ERECTION OF TWO STOREY DWELLINGHOUSE WITHIN GARDEN GROUND - FOR MS E ROBERTSON

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

(i) the design and layout of the proposed house will introduce a building type, boundary treatments and building style that are alien and incongruous to the existing streetscape. The proposal is therefore contrary to the provisions of Policy 4, Policy 15 and Policy 55 of the Dundee Local Plan Review 2005. There are no material considerations that would justify approval of the application contrary to the provisions of the Development Plan; and

(ii) the proposed development by virtue of scale, massing and layout will significantly overshadow the proposed private garden ground as well as overshadow and obscure the neighbouring garden ground from view. This will significantly impact upon the usability of the remaining amount of communal garden ground afforded to the four flats at 20 Barnes Avenue as well as the level of amenity enjoyed by the proposed dwelling. The proposed development is therefore contrary to Policy 4 and Policy 55 of the Dundee Local Plan Review 2005. There are no material considerations that would justify laying aside the provisions of Policy 4 and Policy 55 to grant planning permission.

(p) 08-00083-FUL - 23 WHITEFAULD ROAD - ERECTION OF 6FT HIGH WOODEN FENCE

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 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.

(q) 08-00096-FUL - 49-51 QUEEN STREET, BROUGHTY FERRY - ALTERATIONS TO CAR SHOWROOM TO FORM NEW GLAZED FRONTAGE, ROLLER ACCESS DOOR, FIRE EXIT AND ENTRANCE DOOR; REINSTATEMENT OF WINDOWS ON EAST ELEVATION AND REMOVAL OF RAKED FLOOR, STAGE AND EXIT RAMP - FOR WEST END GARAGE LTD

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

(r) 08-00098-LBC - 49-51 QUEEN STREET, BROUGHTY FERRY - ALTERATIONS TO CAR SHOWROOM TO FORM NEW GLAZED FRONTAGE, ROLLER ACCESS DOOR, FIRE EXIT AND ENTRANCE DOOR; REINSTATEMENT OF WINDOWS ON EAST ELEVATION AND REMOVAL OF RAKED FLOOR, STAGE AND EXIT RAMP - FOR WEST END GARAGE LTD

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

(s) 08-00095-FUL - 1 HERON RISE - FIXING THREE ANTENNAE FACE MOUNTED TO BRICK CHIMNEY STACK, ASSOCIATED HOUSING AND ANCILLARY DEVELOPMENT - FOR T MOBILE (UK) LTD

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

(i) the proposed development would have a detrimental impact on the character and appearance of the Trottick Conservation Area because it would be located on a prominent highly visible centrally located site and disrupt views of the principal elevations of the chimney. As such it is 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 would have a detrimental impact on the setting of the Category A listed building because it would be mounted on the exposed and highly visible faces of the chimney. As such it is contrary to Policy 60 of the adopted Dundee Local Plan Review 2005 and the statutory duty set out in Section 59 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.

(t) 08-00097-LBC - 1 HERON RISE - FIXING THREE ANTENNAE FACE MOUNTED TO BRICK CHIMNEY STACK, ASSOCIATED HOUSING AND ANCILLARY DEVELOPMENT - FOR T MOBILE (UK) LTD

After considering objections received, the Committee refused the application on grounds that the proposed development detracts from the appearance of a Category A listed building and by reasons of design and appearance is considered contrary to the statutory duty as set out in Section 14 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, to have special regard to the desirability of preserving listed buildings and conservation areas.

(u) 08-00091-FUL - 3 CAMBRIDGE STREET - PROPOSED DORMER WINDOWS TO EAST AND WEST - FOR MR M HARKIN

After considering objections received, the Committee refused the application on grounds that the proposed development is contrary to Policy 14 - Alterations and Extensions to Houses of the Dundee Local Plan Review 2005 by virtue of the size and scale of the proposed new dormer having a detrimental impact upon the appearance of the prominent elevation of the existing dwelling to the detriment of the character and integrity of the building. There are no other material conditions which would justify the approval of this application.

(v) 08-00113-FUL - 1 BOYD PLACE, BROUGHTY FERRY - CONSTRUCTION OF TWO STOREY REAR EXTENSION WITH BALCONY - FOR K AND C LESLIE

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

(w) LAND TO EAST OF BALMOSSIE BRAE, BROUGHTY FERRY - ERECTION OF TEMPORARY SALES CABIN - FOR GLADEDALE (NORTH EAST) SCOTLAND LTD

This application was withdrawn.

(x) LAND TO EAST OF BALMOSSIE BRAE - CONSENT TO DISPLAY NON-ILLUMINATED V STACK RESIDENTIAL DEVELOPMENT INFORMATION SIGNAGE - FOR GLADEDALE (NORTH EAST) SCOTLAND LTD.

This application was withdrawn.

(y) 08-00133-FUL - 4B HOME STREET, BROUGHTY FERRY - ROOF FENESTRATION, CHANGES ON THE SOUTH ELEVATION, NEW ROOFLIGHT AND WINDOW REPLACEMENT - FOR MR AND MRS NEAVE

Councillor Bidwell declared a non-financial interest in this item by virtue of having received neighbour notification of this application, 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.

(z) 08-00138-FUL - 14 CARNBANE DRIVE, BROUGHTY FERRY - PROPOSED EXTENSION TO WEST ELEVATION - FOR MR G KELTIE

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

(aa) 08-00164-FUL - 3 ARNHALL GARDENS - RETROSPECTIVE CONSENT FOR FORMATION OF PLAY AREA - REPLACEMENT WINDOW TO EAST ELEVATION OF DWELLING - FOR MRS T HANSARD

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to the proposal. 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 approved the application subject to conditions recommended by the Director of Planning and Transportation.

(bb) 08-00176-FUL - FLAT 11, WELLWOOD COURT, 1 YEAMANS ALLEY - FORMATION OF NEW DORMER TO EAST ELEVATION - FOR MR BATCHELOR

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

II MODERNISING PLANNING APPEALS

There was submitted Report No 176-2008 by the Director of Planning and Transportation seeking to confirm the views of the Council in response to the Consultation Paper "Modernising Planning Appeals" and seeking authority for the Director of Planning and Transportation to issue the response to the Scottish Government by 9th May, 2008.

Councillor Black, seconded by Councillor Sawers, moved approval of the response detailed in the report, subject to the replacement of the response to question 3 with the sentence "The Council believe that the views of planning professionals and informed organisations would be helpful when debating the proposed Scheme of Delegation. The Council supports voluntary consultation on this issue".

As an amendment, the Convener, seconded by Councillor Keenan, moved that the Committee:-

(a) endorse the matters raised in the commentaries throughout this report and the answers to the questions posed by the Scottish Government; and

(b) authorise the Director of Planning and Transportation to issue the report as the Council's formal response to the Scottish Government by 9th May, 2008.

On a division, there voted for the motion - Bailie Sawers and Scott and Councillors Barrie, Black, Will Dawson, Duncan, Fordyce, Hunter, Lynn and Roberts (10); and for the amendment - the Convener, Lord Provost Letford, Bailies Regan, Wright and Borthwick and Councillors Keenan, Asif, Bidwell, Ferguson, McCready, Morrow, Macpherson and Dick (13) - whereupon the amendment was declared carried.

III PERMITTED DEVELOPMENT RIGHTS FOR DOMESTIC MICROREGENERATION EQUIPMENT

There was submitted Report No 198-2008 by the Director of Planning and Transportation seeking to confirm the views of the Council in response to the Consultation Paper "Permitted Development Rights for Domestic Microgeneration Equipment" and seeking authority for the Director of Planning and Transportation to issue a response to Scottish Government by 12th May, 2008.

The Committee agreed to:-

(a) endorse Appendix A 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 12th May, 2008.

IV DOWNFIELD PRIMARY SCHOOL - SITE PLANNING BRIEF

There was submitted Agenda Note AN88-2008, making reference to Article V of the minute of meeting of the Planning and Transport Committee of 10th March, 2008 wherein, inter alia, it was agreed to refer the above-mentioned site planning brief to this Committee as a relevant material planning consideration.

The Committee noted accordingly.

V MOSSGIEL PRIMARY SCHOOL - SITE PLANNING BRIEF

There was submitted Agenda Note AN89-2008, making reference to Article V of the minute of meeting of the Planning and Transport Committee of 10th March, 2008, wherein, inter alia, it was agreed to refer the above mentioned site planning brief to this Committee as a relevant material planning consideration.

The Committee noted accordingly.

VI REQUEST FOR DIRECT ACTION TO REMOVE UNAUTHORISED CANOPIES FROM THREE PUBLIC HOUSES

There was submitted Report No 112-2008 by the Director of Planning and Transportation seeking authority to take appropriate action to seek compliance with Advertisement Notices and Enforcement Notices at The Cask, 1-5 Albert Street, Murrays, 134-136 Victoria Road and 4J's, 10 Dundonald Street.

The Committee authorised direct action under the terms of Section 135 of the Town and Country Planning (Scotland) Act 1997 to allow the Council to enter onto land and take the necessary steps to comply with the terms of the Enforcement Notices and Advertisement Notices, having noted that any expenses reasonably incurred by the Council taking such action would be recovered from the land owners.

VII PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN69-2008 advising of the outcome of the undernoted planning appeals:-

(a) LAND TO NORTH OF KINLOCH PARK - ERECTION OF FOUR DWELLINGHOUSES

Reference was made to Article I(f) of the minute of the meeting of this Committee of 17th September, 2007, wherein the above proposal was refused planning permission because members considered that the proposals breached Policies 4 and 72 of the Dundee Local Plan Review 2005 (layout and design of new housing and tree protection).

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) FLAT 17, 91 ARBROATH ROAD - CHANGE OF USE FROM DWELLINGHOUSE TO A HOUSE IN MULTIPLE OCCUPANCY

Reference was made to Article I(r) of the minute of meeting of this Committee of 18th June, 2007, wherein the above proposal was refused planning permission because the Council considered that the proposal was in breach of criteria (a) and (c) of Policy 11 of the Dundee Local Plan Review 2005 and Supplementary Planning Guidance Policy HMO3 (flat with a shared entrance outwith the City Centre prejudicial to residential amenity).

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.

(c) 79 ALBERT STREET, DUNDEE - CHANGE OF USE FROM DWELLINGHOUSE TO A HOUSE IN MULTIPLE OCCUPANCY

Reference was made to the decision of the Council on 22nd October, 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 11 of the Dundee Local Plan Review 2005 and Supplementary Planning Guidance Policy HMO3 which set out criteria to be satisfied by such proposals.

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 with a condition relating to the submission of details of refuse storage arrangements.

VIII AMENDMENTS TO PROPOSED SECTION 75 AGREEMENT FOR VILLAGE 1 - WESTERN GATEWAY

There was submitted Agenda Note AN78-2008, making reference to Article I of the minute of meeting of this Committee of 27th October, 2003, wherein the Committee approved a planning application in respect of Village 1 of the Western Gateway development subject to a Section 75 legal agreement between the developers and the City Council to cover a number of requirements including the carrying out of works to Dykes of Gray Road and Swallow Roundabout. Reference was also made to Article VI of the minute of meeting of this Committee of 4th December, 2006, wherein the Committee approved a proposal whereby the developer would contribute towards improvements to the Swallow Roundabout.

It was now proposed that the improvements to Dykes of Gray Road be undertaken by the City Council in order to facilitate the development of the greenfield sites in the Western Gateway and all the developers would be required to make financial contributions to meet the costs of these works. In all other respects, the relevant planning circumstances surrounding the decision of 27th October, 2003 were not materially changed.

The Committee agreed to the amendment of the heads of agreement to require the developer to make this contribution.

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

There was submitted Report No 179-2008 advising the Committee of action taken in dealing with dangerous buildings during February 2008.

The Committee noted the contents of the report.

Roderick A J WALLACE, Convener.