Planning Committee (including Former Development Management And Development Quality) - 18/08/2008

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

Present:-

Lord Provost John R LETFORD

BAILIES

George REGAN	Willie SAWERS	Derek J SCOTT
Helen WRIGHT	Roderick A J WALLACE	Ian BORTHWICK

COUNCILLORS

Kevin KEENAN	Fraser MACPHERSON	Bob DUNCAN
Mohammed ASIF	Helen DICK	Elizabeth F FORDYCE
Laurie BIDWELL	Ken GUILD	Stewart HUNTER
Tom FERGUSON	Jim BARRIE	Ken LYNN
Brian GORDON	Jimmy BLACK	Christina ROBERTS
Richard McCREADY	David BOWES	Alan G ROSS
Joe MORROW	Andrew DAWSON	Donald HAY
	Will DAWSON

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

The minute of meeting of this Committee of 16th June, 2008 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 08-00484-FUL - BALFIELD PARK, JOHNSTON AVENUE - ERECTION OF NEW SCHOOL WITH ASSOCIATED PLAY AREAS AND VEHICLE PARKING - FOR DIRECTOR OF EDUCATION, DUNDEE CITY COUNCIL

The Convener, Bailie Sawers, and Councillors Bidwell and Fordyce declared a non-financial interest in this item by virtue of their membership of the PPP Project Board.

The Committee acceded to a request 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, having considered objections received, Councillor Black, seconded by Councillor Barrie, moved deferral of the application for one month in order that the applicant be given the opportunity to further consider the feasibility of an access from Clepington Road. As an amendment, the Convener, seconded by Councillor Keenan, moved that the application be not deferred.

On a division, there voted for the motion - Bailies Scott and Borthwick, and Councillors Barrie, Black, Bowes, Andy Dawson, Will Dawson, Duncan, Hunter, Roberts, Ross and Hay (12); and for the amendment - the Convener, Lord Provost Letford, Bailies Wright, Regan and Sawers, and Councillors Keenan, Asif, Bidwell, Ferguson, Gordon, McCready, Morrow, Macpherson, Dick, Guild, Fordyce and Lynn (17) - whereupon the amendment was declared carried.

Thereafter, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation, and subject to the additional condition:- (vii) that three eleven-a-side and two seven-a-side replacement football pitches shall be provided at St Saviour's RC Secondary School site to a standard suitable for public access use within eight weeks of the commencement of development. Associated on-site changing facilities within the school building shall also be provided within 18 months of the date of this permission in order to provide suitable replacement football pitches in an area and to a standard that is in accordance with the requirements of Scottish Planning Policy 11 and the Dundee Pitch Strategy 2005/2011.

(b) 08-00338-FUL - BATHING SHELTER, THE ESPLANADE - ERECTION OF SINGLE STOREY RESTAURANT, KIOSK AND FIRST AID ROOM - FOR N K DEVELOPMENTS

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, 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 Policies 1 and 55 of the adopted Dundee Local Plan Review 2005 because the modern design, the blandness of the rear elevation and the choice of finishing materials would relate poorly with the adjoining Victorian style toilet building and nearby listed buildings on Castle Terrace. There are no material considerations that would justify the approval of this application contrary to the provisions of the Development Plan; and

(iii) the proposed development would have a detrimental impact on the character and appearance of the Broughty Ferry Conservation Area because the modern design, the blandness of the rear elevation and the choice of finishing materials would relate poorly with the adjoining Victorian style toilet building and nearby listed buildings on Castle Terrace 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.

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.

(d) 08-00417-FUL - BALGAY BOWLING CLUB - REPLACEMENT OF EXISTING FLAGPOLE WITH 14.2 METRE HIGH FLAGPOLE TYPE TELECOMMUNICATIONS MAST WITH ASSOCIATED GROUND BASED EQUIPMENT - FOR BALGAY BOWLING CLUB

Thereafter, having considered objections received, Councillor Macpherson, seconded by Councillor McCready, 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 the development is likely to impact adversely on the environmental quality enjoyed by local residents. 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 61 - Development in Conservation Areas of the Dundee Local Plan Review 2005 as it fails to preserve or enhance the Conservation Area. 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 78 - Location of Telecommunications Equipment of the Dundee Local Plan Review 2005 as there is a failure to mast share or demonstrate that there may be other viable options. 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 2 - Residential Areas of Dundee City Councils adopted Non-Statutory Planning Policies in relation to Telecommunications Masts and Other Apparatus as there is a general presumption against the siting of free standing masts in residential areas; and

(v) the proposed development is contrary to Policy 11 - Conservation Areas of Dundee City Councils adopted Non-Statutory Planning Policies in relation to Telecommunications Masts and Other Apparatus as there is a general presumption against the location of ground based masts in Conservation Areas where by virtue of their location and design they are considered likely to impact adversely on the setting of the Conservation Area.

As an amendment, the Convener moved approval of the application subject to the conditions recommended by the Director of Planning and Transportation, but failed to find a seconder, whereupon the amendment fell, and the motion was declared carried.

(e) 08-00352-FUL - LAND TO WEST OF 97 CLEPINGTON ROAD - INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT AND ERECTION OF 15M COLUMN - FOR ORANGE PCS LTD

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

(f) 08-00086-COU - 22 TO 26 SEAGATE - CHANGE OF USE OF UPPER LEVEL OF AMUSEMENT ARCADE TO CLUB AND BAR AND NEW GROUND FLOOR DOORWAY - FOR SLOT LEISURE

After considering objections received, the Committee refused the application on the grounds that the proposed development contravenes Policy 52 of the adopted Dundee Local Plan Review 2005 by reason of the over concentration of licensed premises at this location and would have an adverse impact on the amenities of nearby residents by reason of noise and disturbance. There are no material considerations that would justify the approval of this application contrary to the provisions of the Development Plan.

(g) 08-00089-LBC - 22 TO 26 SEAGATE - FORMATION OF NEW DOORWAY AND INTERNAL ALTERATIONS - FOR SLOT LEISURE

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

(h) 08-00171-COU - 11, 12 AND 13 SPRINGFIELD - REDEVELOPMENT TO PROVIDE SEVEN FLATS WITH INTERNAL AND EXTERNAL ALTERATIONS - FOR MR DAVID FYFFE

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

(i) 08-00173-LBC - 11, 12 AND 13 SPRINGFIELD - REDEVELOPMENT TO PROVIDE SEVEN FLATS WITH INTERNAL AND EXTERNAL ALTERATIONS - FOR MR DAVID FYFFE

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

(j) FORMER BAKERY, CASTLE STREET - CONVERSION FROM DERELICT BAKERY TO TWO RESIDENTIAL UNITS - FOR GAIRLOCH DEVELOPMENT COMPANY LTD

This item was withdrawn.

(k) LISTED BUILDING CONSENT FOR FORMER BAKERY, CASTLE STREET - CONVERSION FROM DERELICT BAKERY TO TWO RESIDENTIAL UNITS - FOR GAIRLOCH DEVELOPMENT COMPANY LTD

This item was withdrawn.

(l) 08-00288-FUL - LAND EAST OF 4 MARGARET CRESCENT - ERECTION OF DWELLINGHOUSE IN GARDEN GROUND - FOR MR AND MRS R MACDONALD

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

(m) 08-00334-COU - 59 DOCK STREET (FLAT 1/2) - RETROSPECTIVE CHANGE OF USE FROM STOREROOM TO FLATTED DWELLING - FOR MR AND MRS J WILSON

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

(n) 08-00392-COU - TAY SQUARE - CHANGE OF USE OF PUBLIC SPACE TO EXTERNAL CAFE - FOR KAREN MARR PROPERTIES

Lord Provost Letford and Councillors McCready, Hay and Duncan declared a non-financial interest in this item by virtue of being Council representatives on the Dundee Rep Board, who had objected to the proposal.

Thereafter, having considered objections received, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

(o) 08-00379-FUL - LAND TO SOUTH OF BALMYLE ROAD, BROUGHTY FERRY - ERECTION OF DWELLINGHOUSE WITH DETACHED GARAGE AND NEW BOUNDARY WALL/FENCE AND DEMOLITION OF EXISTING GARDEN SHED - FOR MR R V MORTON

The Committee acceded to a request which had been received for a deputation to address the Committee in support of this 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 does not blend with the surrounding built form and fails to preserve or enhance the character or appearance of the existing streetscape by virtue of design and layout. The proposals are therefore contrary to Criteria A of Policy 15 (Development in Garden Ground) of the Dundee Local Plan Review 2005. There are no material considerations that would justify a departure to the provisions of the Development Plan in this instance;

(ii) the proposed development fails to preserve or enhance the character or appearance of the West Ferry Conservation Area due to the scale, massing, design and finish of the house and is therefore contrary to 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 a departure to the provisions of the Development Plan in this instance;

(iii) the proposed development by virtue of layout and design will overlook neighbouring properties to the west, significantly impacting upon privacy due to window distances being less than 18m. The proposed development is therefore contrary to the provisions of Appendix 1 of Policy 4 (Design of New Housing) of the Dundee Local Plan Review 2005. There are no material considerations that would justify laying aside the provisions of the Development Plan to grant planning permission; and

(iv) the proposed development will reduce the level of off-street parking afforded to the existing house at 3 Balmyle Road from four spaces to one space. This would lead to increased pressure for on-street parking to the detriment of road safety and the amenity of the suburban environment of Balmyle Road. The proposals are therefore contrary to the provisions of Appendix 1 of Policy 4 of the Dundee Local Plan Review 2005;

(p) 08-00434-FUL LAND TO SOUTH OF BALMYLE ROAD, BROUGHTY FERRY - ERECTION OF DWELLINGHOUSE WITH DETACHED GARAGE AND NEW BOUNDARY WALL/FENCE AND DEMOLITION OF EXISTING GARDEN SHED - FOR MR R V MORTON

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

(i) the proposed development does not blend with the surrounding built form and fails to preserve or enhance the character or appearance of the existing streetscape by virtue of design, layout and finishing materials. The proposals are therefore contrary to Criteria A of Policy 15 (Development in Garden Ground) of the Dundee Local Plan Review 2005. There are no material considerations that would justify a departure to the provisions of the Development Plan in this instance;

(ii) the proposed development by virtue of layout and design will overlook neighbouring properties to the west, significantly impacting upon privacy due to window distances being less than 18m. The proposed development is therefore contrary to the provisions of Appendix 1 of Policy 4 (Design of New Housing) of the Dundee Local Plan Review 2005. There are no material considerations that would justify laying aside the provisions of the Development Plan to grant planning permission;

(iii) the proposed development will reduce the level of off-street parking afforded to the existing house at 3 Balmyle Road from four spaces to one space. This would lead to increased pressure for on-street parking to the detriment of the suburban environment of Balmyle Road. The proposals are therefore contrary to the provisions of Appendix 1 of Policy 4 of the Dundee Local Plan Review 2005; and

(iv) the proposed development fails to preserve or enhance the character or appearance of the West Ferry Conservation Area due to the scale, massing, design and finish of the house and is therefore contrary to 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 a departure to the provisions of the Development Plan in this instance.

(q) 08-00405-FUL - 518 PERTH ROAD - ALTERATIONS AND EXTENSION TO EXISTING DWELLINGHOUSE INCLUDING GARAGE, KITCHEN/DINING ROOM, GARDEN ROOM AND NEW ENTRANCE PORCH - FOR F J ESPOSITO

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

(r) 08-00399-FUL - 66 DALRYMPLE TERRACE - EXTENSION/ALTERATIONS TO DWELLINGHOUSE - FOR MRS MORAG WILKIE

Thereafter, having considered objections received, Lord Provost Letford, seconded by Councillor Morrow, moved approval of the application subject to conditions to be agreed with the Director of Planning and Transportation. As an amendment, the Convener, seconded by Councillor Keenan, moved refusal of the application on the grounds that:-

(i) the proposed extension by virtue of scale, design and massing will block significant levels of sunlight and daylight from the adjacent property to the west. This will have a detrimental impact upon the outlook and consequently the level of residential amenity enjoyed by this neighbouring property. The proposed extension is therefore considered contrary to the provisions of Policy 14 (Alterations and Extensions to Houses) of the Dundee Local Plan Review 2005. There are no other material considerations that would justify laying aside the provisions of Policy 14 to grant planning permission;

(ii) the proposed window to the first floor which will face east will prejudice the privacy of the rear garden area of the adjoining property. The proposal will give rise to a loss of privacy to the neighbouring occupier as a result of this and therefore fails to comply with this part of Policy 14 (Alterations and Extensions to Houses) of the Dundee Local Plan Review 2005 and there are no material considerations that would justify a decision contrary to this; and

(iii) the extension to the rear will have a large area of flat roof which is not in keeping with the character and scale of the existing dwelling. It is considered that the proposal therefore fails to comply with Policy 14 (Alterations and Extensions to Houses) of the Dundee Local Plan Review 2005 and there are no material considerations that would justify a decision contrary to this.

On a division, there voted for the motion - Lord Provost Letford, and Councillors Asif, Ferguson, Morrow, Black, Bowes, Andy Dawson, Will Dawson, Hunter, Roberts (10); and for the amendment - the Convener, Bailies Sawers and Scott, and Councillors Keenan, Bidwell, Gordon, McCready, Macpherson, Guild, Barrie, Duncan, Fordyce, Lynn, Ross and Hay (15); Bailies Wright and Borthwick declining to vote - whereupon the amendment was declared carried.

(s) 08-00404-FUL - 102 CHURCH STREET, BROUGHTY FERRY - CONSTRUCTION OF TWO SEMI-DETACHED TOWNHOUSES IN GARDEN GROUND - FOR M DAILLY, J LUMGAIR AND R LUMGAIR

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

(i) by virtue of design, scale and massing the proposed development will significantly overlook and overshadow the garden ground and south facing windows of 102 Church Street to the detriment of residential amenity. The proposed development is therefore of a poor design quality that is contrary to the provisions of Appendix 1 of Policy 4 and Criteria A of Policy 15 of the Dundee Local Plan Review 2005. There are no other material considerations that would justify laying aside the provisions of Policy 4 or Policy 15 to grant planning permission;

(ii) the proposed development by virtue of scale, massing, design and layout is considered to overdevelop the rear garden ground of 102 Church Street. Consequently this would lead to a development that overlooks and overshadows 102 Church Street but also provides off-street car parking facilities of an unorthodox layout that will prevent clear access to the rear gardens of existing properties. Consequently, the proposed development would significantly lower the level of amenity currently afforded to the existing properties at 102 and 104 Church Street. The proposed development is therefore contrary to the provisions of Policy 4 and Policy 15 of the Dundee Local Plan Review 2005. There are no other material considerations that would justify laying aside the provisions of Policy 4 and Policy 15 to approve planning permission; and

(iii) the proposed development by virtue of scale, design and massing incorporates several design features that give the building an overcomplicated appearance. The building therefore has a very overbearing impact upon existing buildings that is out of character to the existing streetscape. The proposed development is therefore contrary to the provisions of Policy 4 and Policy 15 of the Dundee Local Plan Review 2005.

(t) 08-00413-FUL - LAND ADJACENT TO 223A-E CLEPINGTON ROAD - RETROSPECTIVE PERMISSION FOR AMENDMENTS TO PLANNING PERMISSION FOR AN ADDITIONAL PARKING SPACE - FOR WARD BUILDING SERVICES

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

(u) 08-00433-FUL - 75 GRAY STREET - FORMATION OF DRIVEWAY - FOR MS M L WADE

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

(v) 08-00440-FUL - LAND TO SOUTH OF 97A-D, DUNDEE ROAD, BROUGHTY FERRY - CONSTRUCTION OF ECO-FRIENDLY HOUSE - FOR STRATHERN HOMES LTD

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

(i) the development does not comply with Policy 4(b) and 15(d) of the adopted Dundee Local Plan Review 2005 because the proposed house does not conform to prevailing densities. There are no material considerations that would justify the approval of this application contrary to the provisions of the Development Plan;

(ii) the proposal does not comply with Policy 15(e) of the adopted Dundee Local Plan Review 2005 because the house is sited in front of and affecting the setting of the main elevation of the original villa. There are no material considerations that would justify the approval of this application contrary to the provisions of the Development Plan;

(iii) the proposal does not comply with Policy 15(h) and Policy 72 of the adopted Dundee Local Plan Review 2005 because inadequate information on tree protection has been provided for this site where the trees are protected by a Tree Preservation Order. There are no material considerations that would justify the approval of the application contrary to the provisions of the Development Plan;

(iv) the proposed development would have a detrimental impact on the character and appearance of the West Ferry Conservation Area because of the failure to conform with prevailing densities and the adverse impact on the setting of the original villa 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 in 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

(v) the applicants have failed to demonstrate that minimum private useable garden areas in accordance with Policy 4 of the adopted Dundee Local Plan Review 2005 could be provided for the houses currently being developed to the north of the application site.

(w) 08-00438-FUL - 2 BANNOCH RISE, BROUGHTY FERRY - PROPOSED REPOSITIONING OF 1.8 METRE HIGH WALL AND ERECTION OF 1 METRE HIGH BOUNDARY FENCE - FOR MR AND MRS K McLEISH

Thereafter, having considered objections received, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

(x) 08-00446-COU - 127A TO 129 PERTH ROAD - CHANGE OF USE FROM PAVEMENT TO EXTERNAL SEATING AREA - FOR THE COMMERCIAL PUB COMPANY

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 design and location will encourage patrons to congregate on the footway to the detriment of pedestrian and vehicular safety and the use of the proposed seating will be likely to result in increased noise to local residents. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy; and

(ii) the proposal for three seats and particularly those at the south edge of the seating area, will impede the safe passage of pedestrians in this area.

(y) 56 WILLIAM FITZGERALD WAY - CHANGE OF USE FROM RETAIL UNIT TO DAY CARE NURSERY - FOR MRS MYLES

This item was withdrawn.

(z) 08-00445-FUL - 12 DENNISON ROAD WEST - ERECTION OF DORMER TO REAR OF BUILDING AND REPLACEMENT OF EXISTING DORMER WITH TWO DORMERS TO FRONT OF BUILDING - FOR MR AND MRS DYER

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

(aa) 08-00468-FUL - 16 CEDAR ROAD, BROUGHTY FERRY - WIDENING OF VEHICULAR ENTRANCE GATEWAY ON CEDAR ROAD - FOR PROFESSOR AND MRS M McEWAN

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

(bb) 08-00486-FUL - 26 ST GILES TERRACE - INSTALLATION OF EXTERNAL ATM - FOR A G GRANT CONSTRUCTION

Bailie Borthwick declared a non-financial interest in this item by virtue of having been approached by the objector and knowing a number of supporters of the proposal. Councillor Keenan also declared a non-financial interest in this item by virtue of being employed by a company that produced ATMs.

Thereafter, having considered objections received, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

(cc) LAND TO NORTHWEST OF 112 CAMPHILL ROAD, BROUGHTY FERRY - FOR MR AND MRS C PHILP

This item was deferred for one month.

II PLANNING AND ENFORCEMENT NOTICE APPEAL DECISIONS

There was submitted Agenda Note AN137-2008 advising of the undernoted planning appeal decisions:-

(a) 82 VICTORIA ROAD, DUNDEE - CHANGE OF USE FROM THREE BED FLAT TO FOUR BED HOUSE OF MULTIPLE OCCUPANCY

Reference was made to the decision of the Council on 10th July, 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 (use of tenemental flat with a common stair, and inadequacy of parking, bin storage and amenity ground).

(b) 114 HILLTOWN - CONVERSION OF FORMER MOSQUE TO EIGHT FLATS

Reference was made to the decision of the Council on 19th November, 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 1 and 4 of the Dundee Local Plan Review 2005 (failure to provide any associated off-street car parking spaces and appropriate garden ground/drying area facilities; and failure to provide flats of a floor area greater that the minimum standard required by Appendix 1 to Policy 4).

(c) TOP FLOOR FLAT (A/0), 91 ARBROATH ROAD, DUNDEE - CHANGE OF USE FROM THREE BEDROOM FLAT TO A FOUR BEDROOM HOUSE IN MULTIPLE OCCUPATION (RETROSPECTIVE)

Reference was made to Article I(p) of the minute of meeting of this Committee of 17th September, 2007, wherein the above proposal was refused planning permission because the Council considered that the proposed development was contrary to Policy 11 - Houses in Multiple Occupation of the Dundee Local Plan Review 2005 because it is a flat with a shared entrance, outwith the city centre. There were significant parking problems in the area and as a result of this the development would have a detrimental impact on residential amenity. There were no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy. For similar reasons, the proposal contravened the Councils Supplemental Planning Guidance in respect of the establishment of HMOs.

(d) 39 BALDOVAN TERRACE - SUB-DIVISION OF FLAT TO REINSTATE ORIGINAL TWO FLATS

Reference was made to the decision of the Council on 10th 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 Policy 4 of the Dundee Local Plan Review 2005. The proposed sub-division would result in the provision of a small single bedroomed flat at this location which would contravene local plan policy. The aim of the Council, through the consistent application of this policy, is to ensure that larger flats with a good standard of residential accommodation are achieved by new developments both internally and externally. It was the Councils opinion that there were no material planning considerations that would justify the approval of this application contrary to the provisions of the Development Plan.

(e) 137A BROUGHTY FERRY ROAD - ERECTION OF TWO STOREY RESTAURANT AND CAR PARK

Reference was made to Article I(n) 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 contrary to the provisions of Policies 1 and 53 of the adopted Dundee Local Plan Review 2005 (proximity and disturbance from the development). There were no material considerations that justified approving the application contrary to the provisions of the Development Plan.

(f) FLAT 1/0, 12 CLEGHORN STREET, DUNDEE - CHANGE OF USE FROM A THREE BEDROOM FLAT TO A FOUR BEDROOM HOUSE IN MULTIPLE OCCUPATION (RETROSPECTIVE)

Reference was made to the decision of the Council on 12th September, 2007 under powers delegated to the Director of Planning and Transportation to refuse planning permission because the Council considered the proposed development was contrary to Policy 11 - Houses in Multiple Occupation of the Dundee Local Plan Review 2005 because it is a flat with a shared entrance, outwith the city centre where there were significant parking problems in the area and as a result of this the development would have a detrimental impact on residential amenity. There were no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy. For similar reasons, the proposal contravened the Councils Supplementary Planning Guidance in respect of the establishment of HMOs.

(g) FLAT 3/0, 12 CLEGHORN STREET, DUNDEE - CHANGE OF USE FROM A THREE BEDROOM FLAT TO A FOUR BEDROOM HOUSE IN MULTIPLE OCCUPATION

Reference was made to the decision of the Council on 12th September, 2007 under powers delegated to the Director of Planning and Transportation, to refuse planning permission because the Council considered that the proposed development was contrary to Policy 11 - Houses in Multiple Occupation of the Dundee Local Plan Review 2005 because it is a flat with a shared entrance, outwith the city centre where there were significant parking problems in the area and as a result of this the development would have a detrimental impact on residential amenity. There were no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy. For similar reasons the proposal contravened the Councils Supplementary Planning Guidance in respect of the establishment of HMOs.

(h) 77 HIGH STREET, DUNDEE - CONSTRUCTION OF EXTERNAL CANOPY AND CONSTRUCTION OF EXTERNAL SMOKING CANOPY CONTAINING AMUSEMENT MACHINES

Reference was made to Articles I(a) to (d) of the minute of meeting of this Committee of 18th June, 2007, wherein the above proposals were both refused planning permission and listed building consent because the Council considered that the proposed developments would detract from the setting of the Category A listed buildings at 77-78 High Street to the east and 75-76 High Street to the west by reason of its design and finishing materials, contrary to Policies 55 and 60 of the adopted Dundee Local Plan Review 2005 and the statutory duty set out in Sections 14 and 59 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to have special regard to the desirability of preserving the setting of listed buildings. There were no material considerations that would justify the approval of the applications contrary to the provisions of the Development Plan.

It was reported that the decisions on all four applications were subsequently appealed by the applicant under the provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997 and Section 18 and Schedule 3 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, and had been dismissed.

(i) FLAT 4, 14 THOMSON STREET, DUNDEE - CHANGE OF USE FROM A THREE BEDROOM FLAT TO A FOUR BEDROOM HOUSE IN MULTIPLE OCCUPATION

Reference was made to Article I(t) of the minute of meeting of this Committee of 17th September, 2007, wherein the above proposal was refused planning permission because the Council considered that the proposed development was contrary to Policy 11 - Houses in Multiple Occupation of the Dundee Local Plan Review 2005 because it is a flat with a shared entrance, outwith the city centre where there were significant parking problems in the area and as a result of this the development would have a detrimental impact on residential amenity. There were no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy. For similar reasons the proposal contravened the Councils Supplementary Planning Guidance in respect of the establishment of HMOs.

(j) TRADES BAR, 40 UNION STREET, DUNDEE - EXTERNAL WINDOW CANOPIES ON EACH STREET FRONTAGE

Reference was made to Articles I(p) and (q) of the minute of meeting of this Committee of 20th August, 2007, wherein the above proposal was refused both planning permission and listed building consent. The Council considered that the proposals were contrary to Policy 60 of the Dundee Local Plan 2005 and Section 14 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (adverse impact on the conservation area and the listed building; the proposal would obscure CCTV coverage and be detrimental to pedestrian safety as a result of the potential for the footway to be obstructed).

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 Section 18 and Schedule 3 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, and had been dismissed.

(k) LAND AT 534 STRATHMARTINE ROAD, DUNDEE - CONTINUED SITING AND OPERATION OF A 22.6 METRE TELECOMMUNICATIONS TOWER AND ASSOCIATED EQUIPMENT

Reference was made to Article I(a) of the minute of meeting of this Committee of 15th October, 2007, wherein the above proposal was refused planning permission because the Council considered that the applicants had not demonstrated that alternative solutions in terms of design and location had been explored (Dundee Local Plan Review 2005 - Policy 78); and because of the masts design and visual impact (Non-Statutory Planning Policies in Relation to Telecommunications Masts - Policies 2, 3 and 15). At the time of the submission of the application the mast had been in place since January 2007 and the period for this existence as a temporary structure under permitted development rights had already expired. The application sought to extend the period of installation until 31st December, 2007. The decision was not appealed.

However, the applicant subsequently appealed under Section 182 of the Town and Country Planning (Scotland) Act 1997 against an Enforcement Notice served by the Council which required the removal of the temporary mast and equipment by 8th February, 2008, and this appeal was dismissed.

(l) FLAT 1/1, 5 MORGAN PLACE, DUNDEE - CHANGE OF USE OF A THREE BEDROOM FLAT TO A MULTIPLE OCCUPANCY FOR FOUR PERSONS

Reference was made to Article I(x) of the minute of meeting of the Development Quality Committee of 17th December, 2007, wherein the above proposal was refused planning permission because the Council considered that the proposal was contrary to the provisions of criteria (a) and (c) of Policy 11 of the Dundee Local Plan Review 2005 (involves the change of a tenement flat with a common stair; because there is very limited car parking available in the area of the proposed site; because the proposal will add further to the current parking problems). For the same reasons the proposed development contravened criteria (a) and (c) of HMO3 of the Councils Supplementary Planning Policy Guidance to the Dundee Local Plan Review 2005 approved by the Council in November, 2006. There were no material considerations of sufficient strength to justify the granting of planning permission contrary to the Development Plan.

It was reported that the planning application 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 the Enforcement Notice was appealed under the provisions of Section 130 of the Town and Country Planning (Scotland) Act 1997, and both appeals had been dismissed.

III BUILDING (SCOTLAND) ACT 2003 - DANGEROUS BUILDINGS

There were submitted and noted Report Nos 332-2008 and 358-2008 advising the Committee of the action taken in dealing with dangerous buildings during the months of May and June 2008.

The Committee resolved under Section 50(a)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraphs 1, 12 and 13 of Part I of Schedule 7A of the Act.

IV PLANNING CONSENT DECISION

This item was deferred for one month.

Roderick A J WALLACE, Convener.

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