Planning Committee (including Former Development Management And Development Quality) - 16/06/2008
At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 16th June, 2008.
Present:-
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Lord Provost John R LETFORD |
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BAILIES
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Helen WRIGHT |
Roderick A J WALLACE |
Derek J SCOTT |
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Willie SAWERS |
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Ian BORTHWICK |
COUNCILLORS
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Kevin KEENAN |
Fraser MACPHERSON |
Bob DUNCAN |
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Mohammed ASIF |
Ken GUILD |
Elizabeth F FORDYCE |
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Laurie BIDWELL |
Jimmy BLACK |
Stewart HUNTER |
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Tom FERGUSON |
David BOWES |
Ken LYNN |
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Brian GORDON |
Andrew DAWSON |
Alan G ROSS |
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Richard McCREADY |
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Donald HAY |
Bailie Roderick A J WALLACE, Convener, in the Chair.
The minute of meeting of this Committee of 19th May, 2008 was held as read.
Unless marked thus * all items stand delegated.
I PLANNING APPLICATIONS
(a) 08-00292-FUL - LAND AT FORMER TAY ROPE WORKS, MAGDALEN YARD ROAD - RESIDENTIAL DEVELOPMENT COMPRISING 7 FLATS TO SOUTH, 4 FLATS TO NORTH, 3 HOUSES AND ENVIRONMENTAL IMPROVEMENTS TO BOUNDARY WALLS - FOR DUNCARSE LTD
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, Councillor Macpherson, seconded by Councillor Hay, moved refusal of 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 it fails to minimise the effect on the environmental quality enjoyed by adjacent residents by virtue of design, layout and parking and traffic movement issues. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy;
(ii) the proposed development is contrary to Policy 4 - "Design of New Housing" of the Dundee Local Plan Review 2005 as the proposals fail to adhere to the design standards in Appendix I by the provision of too many flats. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy; and
(iii) the proposed development is contrary to Policy 61 - "Development in Conservation Areas" of the Dundee Local Plan Review 2005 as it fails to preserve or enhance the Conservation Area because the proposed housing bears no relation to the style and character of the adjacent housing in the Perth Road Lanes Conservation Area. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy.
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, Bailie Scott and Councillors Bidwell, Ferguson, Gordon, McCready, Macpherson, Bowes, Andrew Dawson, Fordyce, Hunter, Lynn, Ross and Hay (14); and for the amendment - the Convener, Bailies Sawers and Borthwick, Councillors Keenan, Asif, Guild, Black and Duncan (8); Bailie Wright declining to vote as she had been absent during part of the proceedings - whereupon the motion was declared carried.
(b) 08-00293-LBC - LAND AT FORMER TAY ROPE WORKS, MAGDALEN YARD ROAD - PARTIAL DEMOLITION OF FACADE AND REDEVELOPMENT WITHIN PROPOSED RESIDENTIAL FLATS - FOR DUNCARSE LTD
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, Councillor Macpherson, seconded by Councillor Hay, moved refusal of the application on the grounds that the proposed development is contrary to Policy 60 - "Alterations to Listed Buildings" of the Dundee Local Plan Review 2005 as it fails to have regard to preservation or enhancement of a listed building by the removal of the second storey of the building. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy.
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, Bailie Scott and Councillors Ferguson, Gordon, McCready, Macpherson, Bowes, Andrew Dawson, Fordyce, Hunter, Lynn, Ross and Hay (13); and for the amendment - the Convener, Bailies Sawers and Borthwick, Councillors Keenan, Asif, Bidwell, Guild, Black and Duncan (9); Bailie Wright declining to vote as she had been absent during part of the proceedings - whereupon the motion was declared carried.
(c) 08-00076-FUL - VALENTINE WORKS, KINNOULL ROAD, DUNSINANE INDUSTRIAL ESTATE - ERECTION OF 26 TWO AND THREE STOREY OFFICE PAVILIONS PLUS ASSOCIATED INFRASTRUCTURE WORKS - FOR GLADMAN DEVELOPMENTS LTD
The Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.
(d) 08-00124-FUL - 44 GRAY STREET - ERECTION OF 18 DWELLINGS - FOR DEANS COURT LTD
After considering representations received, Lord Provost Letford, seconded by Councillor Duncan, moved approval of the application subject to the conditions that:-
(i) the development hereby approved shall be commenced within two years from the date of this permission;
(ii) prior to the commencement of development, the east boundary wall shall be raised in height by one metre in accordance with all required statutory approvals including, for the avoidance of doubt, planning permission and building warrant. These approvals shall have been obtained and thereafter submitted to the Council, together with an Engineer's report on the proposed works, for approval by the Council, prior to the commencement of works. These works shall comply with the specifications in the letter from The Charleton Smith Partnership dated 8th May, 2008. The said boundary wall, as increased in height hereafter, shall be maintained in perpetuity in accordance with these details;
(iii) prior to the commencement of development, the windows to all upper floor bedrooms in the dwellings on Plots 3 - 16, with a direct view of the depot yard to the east, shall be amended 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. For the avoidance of doubt, the submitted details shall comply with the specifications in the letter from The Charleton Smith Partnership dated 8th May, 2008. The windows shall be maintained in perpetuity in accordance with these details and no additional windows shall be installed on the blank face of the projecting window bay; and
(iv) development shall not commence until a full investigation and risk assessment are completed and a scheme to deal with contamination at the site has been submitted to and approved in writing by the planning authority. The scheme shall contain details of proposals to deal with contamination to include:-
7 the nature, extent and type(s) of contamination on the site;
7 measures to treat/remove contamination to ensure the site is fit for the use proposed;
7 measures to deal with contamination during construction works; and
7 condition of the site on completion of decontamination measures.
(v) before any unit is occupied the measures to decontaminate the site, if necessary, shall be fully implemented and a validation report should be submitted to and approved by the planning authority;
(vi) prior to the commencement of development full details of the proposals to deal with surface water drainage shall be submitted to the City Council for approval and, if approved, the works shall be carried out only in accordance with such details. The submitted details should include confirmation by Scottish Water that the submitted scheme is acceptable;
(vii) prior to the occupation of the first of the units hereby approved, the required visitor parking bays shall be provided and shall remain available for use by visitors;
(viii) the dwellings on Plots 3 - 16 shall be constructed in accordance with the internal layouts as detailed in the approved plans;
(ix) prior to the commencement of development, details of the proposed finishing materials shall be submitted to the City Council for approval and, if approved, the works shall be carried out only in accordance with such approved details;
(x) prior to the commencement of development, a comprehensive landscaping scheme for hard and soft landscaping shall be submitted for approval and, if approved, the works shall be carried out only in accordance with such approved details;
(xi) the landscaping scheme as detailed in Condition 10 shall be fully implemented in accordance with the approved details within six months of the completion of the development. Any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within five years of planting shall be replaced by trees or shrubs of similar size and species to those originally required to be planted in terms of this condition;
(xii) the boundary of the private gardens to the dwellings on the north side of the development which abutt Reid's Lane and Gray Street will be formed by means of an 1800mm high brick wall;
(xiii) prior to the first occupation of any of the units hereby approved, a footway of 1.8m minimum width shall be provided ex adverso the site on to Gray Street and Reid's Lane and any existing accesses that are no longer required as part of the proposed development shall be made good as footway to Dundee City Council requirements in accordance with details which have previously been agreed by the Council; and
(xiv) stage 1/2 Safety Audit of all new roads associated with the development must be submitted to Dundee City Council and must be approved prior to the occupation of any unit. For the avoidance of doubt, the works shall include the works required by Condition 13;
in order to comply with Section 58(2) of the Town and Country Planning (Scotland) Act 1997 and in accordance with the terms of Policy 2: Housing Land Release of the Dundee Local Plan Review 2005 and relevant material considerations in order to ensure that the supply of housing land in the locality is managed and to remove a derelict site which has an adverse impact on the environment enjoyed by local residents; in the interests of the amenities of the future occupants of the residential accommodation; to ensure that adequate drainage facilities are available for the satisfactory and proper development of the site; to ensure the satisfactory provision of off-street vehicle parking facilities for visitors in accordance with the Council's standards given the restricted options for on street parking in the vicinity and in the interests of highway safety and the satisfactory development of the site; to ensure that the proposed development has a satisfactory external appearance in the interests of the visual amenities of the area; in the interests of the privacy and security of the future occupants and to match the boundary treatment on the south side of the site; and in the interests of pedestrian safety.
As an amendment, the Convener, seconded by Councillor Keenan, moved refusal of the application on the grounds that:-
(i) the proposed development is contrary to Policy 26 General Economic Development Areas of the Dundee Local Plan Review 2005 as the proposed residential development fails to meet any of the criteria for acceptable residential uses as defined in the policy. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy;
(ii) the proposed development is contrary to Policy 2 Housing Land Release of the Dundee Local Plan Review 2005 as the proposed residential development fails to meet any of the criteria for acceptable housing land release as defined in the policy. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy;
(iii) the proposed development is contrary to Policy 4 Design of New Housing and of the Dundee Local Plan Review 2005 as the proposed residential development fails to meet the criteria for acceptable residential development as defined in Appendix to the policy. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy;
(iv) the proposed development is contrary to Policy 75 Sustainable Drainage Systems of the Dundee Local Plan Review 2005 as the proposed development fails to provide details of a Sustainable Drainage scheme as required by the policy in order to demonstrate that the site can be drained in an acceptable manner. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy; and
(v) the proposed development of this site for residential development is contrary to its inclusion in the Kirk Street Industrial Area in the approved Lochee Physical Regeneration Framework which is a material consideration in the determination of relevant planning applications.
On a division, there voted for the motion - Lord Provost Letford, Bailies Borthwick and Wright and Councillors Asif, Bidwell, Ferguson, Gordon, McCready, Guild, Black, Andrew Dawson, Duncan, Fordyce and Ross (14); and for the amendment - the Convener, Bailies Sawers and Scott and Councillors Keenan, Bowes, Hunter, Lynn and Hay (8); Councillor Macpherson being absent when the vote was called - whereupon the motion was declared carried.
(e) 08-00247-FUL - 55 BURNSIDE STREET - CONVERSION OF FORMER SPORTS HALL TO FORM 39 FLATS WITH PARKING AND LANDSCAPING - FOR WELLBANK ESTATES
Bailie Sawers and Councillors Black, Bowes, Duncan, Hunter and Ross declared a non-financial interest in this application by virtue of knowing the applicant 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.
(f) 08-00248-LBC - 55 BURNSIDE STREET - CONVERSION OF FORMER SPORTS HALL TO 39 FLATS - FOR WELLBANK ESTATES
Bailie Sawers and Councillors Black, Bowes, Duncan, Hunter and Ross declared a non-financial interest in this application by virtue of knowing the applicant 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.
(g) 07-01126-COU - 80 HIGH STREET - CHANGE OF USE TO FORM 24 TWO BEDROOM RESIDENTIAL FLATS - FOR DARCO PROPERTY
The Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.
(h) 07-01127-LBC - 80 HIGH STREET - CHANGE OF USE TO FORM 24 TWO BEDROOM RESIDENTIAL UNITS INCLUDING NEW DORMERS AND ROOF LIGHTS - FOR DARCO PROPERTY
The Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.
(i) LAND TO WEST OF SMITH STREET - DEMOLITION OF EXISTING BUILDING AND ERECTION OF 21 FLATS - FOR BBK ASSOCIATES
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, the applicant withdrew the application.
(j) 08-00186-COU - 7 COMMERCIAL STREET - CHANGE OF USE FROM COMMERCIAL/RETAIL TO FORM 6 FLATS AND RESTAURANT, INCLUDING ELEVATIONAL ALTERATIONS - FOR MR D CRABB
The Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.
(k) 08-00187-LBC - 7 COMMERCIAL STREET - LISTED BUILDING CONSENT FOR INTERNAL AND EXTERNAL ALTERATIONS TO FORM 6 FLATS AND RESTAURANT, INCLUDING ELEVATIONAL ALTERATIONS - FOR MR D CRABB
The Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.
(l) 08-00294-FUL - CRAIG GOWAN, 42 CAMPHILL ROAD - PROPOSED NEW BUILD DETACHED DWELLINGHOUSE SET WITHIN GROUND OF CRAIG GOWAN HOUSE - FOR RICHARD MAHER
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 condition (viii) that the existing footway ex adverso the site on Whinny Brae and continuing southwards to the junction of Whinny Brae and Rowanbank Gardens shall be made up to adoptable standards and a handrail provided all at the developers expense. Details of the upgrading of the footway and the provision of a handrail shall be submitted to the Council for approval before any development is commenced and the approved upgrading shall be fully implemented prior to the completion of the proposed house; in order to provide an adequate footway and handrail in the interests of pedestrian safety and amenity.
(m) 08-00297-LBC - CRAIG GOWAN, 42 CAMPHILL ROAD - PROPOSED NEW BUILD DETACHED DWELLINGHOUSE SET WITHIN GROUND OF CRAIG GOWAN HOUSE - FOR RICHARD MAHER
After considering objections received, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.
(n) LAND TO THE WEST OF 23 RERES ROAD, BROUGHTY FERRY - ERECTION OF NEW HOUSE IN GARDEN GROUND - FOR PROF I SHANKS
This item was withdrawn.
(o) 08-00325-FUL - 15 NAVARRE STREET, BROUGHTY FERRY - ERECTION OF CONSERVATORY TO REAR ELEVATION - FOR MRS STURROCK
After considering objections received, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.
(p) 08-00062-COU - 314 TO 315 BROOK STREET, BROUGHTY FERRY - CHANGE OF USE FROM OFFICE TO A PIANO BAR AND RESTAURANT AND ERECTION OF FIRE ESCAPE - FOR MIKE McKAY
The Committee acceded to a request received for a deputation to address the Committee relative to objections to 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 representations received, Councillor Bidwell, seconded by Bailie Scott, moved refusal of the application on the grounds that the proposed development would be detrimental to residential amenity in terms of noise and environmental amenity.
The Convener, seconded by Councillor Guild, 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 Scott and Borthwick and Councillors Bidwell, McCready, Black, Bowes and Hay (7); and for the amendment - the Convener, Lord Provost Letford, Bailies Wright, Sawers and Councillors Keenan, Asif, Ferguson, Gordon, Guild, Andrew Dawson, Duncan, Fordyce, Hunter, Lynn and Ross (15); Councillor Macpherson being absent when the vote was called - whereupon the amendment was declared carried.
(q) 08-00360-FUL - DAYTON WORKS, 30 BALGRAY STREET - FACTORY REDEVELOPMENT WITH ONE SHED TO BE DEMOLISHED AND REPLACED, 2 SHEDS TO BE EXTENDED AND ONE OFFICE BLOCK TO BE CONSTRUCTED - FOR DAY INTERNATIONAL (UK) LTD
The Committee acceded to a request received for a deputation to address the Committee relative to objections to 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 and subject to the additional condition (vi) that before work on site starts, a scheme outlining arrangements for access for construction traffic shall be submitted for approval by the planning authority and when approved shall be implemented in accordance with such approved details; in the interests of safeguarding residential amenity from the likely impacts of the movements of heavy goods vehicles, noise and dust.
(r) 08-00323-OUT - THE OLD POLICE STATION, FINTRY ROAD - OUTLINE CONSENT FOR A SINGLE STOREY EXTENSION TO EXISTING BUILDING TO FORM NEW RETAIL UNIT - FOR SEAFIELD ESTATES
The Committee acceded to a request received for a deputation to address the Committee relative to objections to 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 Andrew Dawson, seconded by Councillor Gordon, moved refusal of the application on the grounds that the proposal is likely to result in increased traffic congestion and additional demand on limited parking opportunities in the locality leading to indiscriminate parking. Both factors are likely to compromise pedestrian safety in the vicinity of the application site contrary to Policy 1 of the Dundee Local Plan 2005. There are no material considerations which would lead to the application being approved contrary to the provisions of the development plan.
As an amendment, the Convener, seconded by Lord Provost Letford, 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 and Borthwick and Councillors Keenan, Asif, Bidwell, Ferguson, Gordon, McCready, Guild, Black, Bowes, Andrew Dawson, Duncan, Fordyce, Hunter and Hay (16); and for the amendment - the Convener, Lord Provost Letford and Councillors Lynn and Ross (4); Bailie Wright and Councillor Macpherson being absent when the vote was called and Bailie Scott declining to vote as he had been absent during part of the proceedings - whereupon the motion was declared carried.
II PLANNING APPEAL DECISIONS
There was submitted Agenda Note AN110-2008 detailing the undernoted planning appeal decisions:-
(a) MOYNESS, 76 GROVE ROAD, BROUGHTY FERRY, DUNDEE - ALTERATIONS TO AND EXTENSION OF NURSING HOME
Reference was made to Article I(e) of the minute of meeting of this Committee of 17th December, 2007, wherein the above proposal was refused planning permission because the Council considered that the proposals would:-
7 detract from the appearance of the original villa and the wider area;
7 constitute an over-development of the plot and fail to respect prevailing densities; and
7 entail the felling of mature trees which contribute to the character and appearance of the conservation 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 dismissed.
(b) FLAT A/1, 11 MORGAN STREET, DUNDEE - CHANGE OF USE FROM 3 BEDROOM FLAT TO 4 BEDROOM HOUSE OF MULTIPLE OCCUPANCY
Reference was made to the decision of the Council on 20th 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 Criteria A, B and C of Policy 11 of the Dundee Local Plan Review 2005 (a flat with a common stair, limited car parking in the area and inadequate refuse storage and garden ground).
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.