Planning Committee (including Former Development Management And Development Quality) - 15/09/2008

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 15th September, 2008.

Present:-

BAILIES

COUNCILLORS

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

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

Unless marked thus * all items stand delegated.

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 items I and II on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 1, 12 and 13 of Part I of Schedule 7A of the Act.

I PLANNING CONSENT DECISION

The Committee acceded to requests which had been received for deputations to address the Committee in respect of the above item. After the deputations had stated their cases and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

Thereafter, there was submitted Report No 386-2006 by the Director of Planning and Transportation seeking the Council's endorsement of the delegated decision taken by the Director of Planning and Transportation in respect of the grant of planning permission for alterations and an extension to 10 Victoria Road, Broughty Ferry.

The Committee, having considered objections received, agreed to note and endorse the Director of Planning and Transportation's delegated decision to approve the proposed extension to the property at 10 Victoria Road for the reasons outlined in the report.

II PROPOSED BUILDING PRESERVATION NOTICE

Councillor Macpherson declared a non-financial interest in this item by virtue of having been approached by the applicant and took no part in the discussion thereof.

There was submitted Agenda Note AN176-2008 seeking the Committee's approval for the preparation and service of a Building Preservation Notice on properties at 123-129 Perth Road.

The Committee noted the reasons for this proposal, as well as the powers and financial implications of the serving of the Notice.

The Committee agreed that it be remitted to the Director of Planning and Transportation and the Depute Chief Executive (Support Services) to prepare and serve as a matter of urgency a Building Preservation Notice in respect of the properties at 123-129 Perth Road, Dundee in order to protect the architectural and historic character of the building both internally and externally.

III PLANNING APPLICATIONS

(a) 08-00518-FUL - 21 TO 23 MAINS LOAN - DEMOLITION OF EXISTING HALLS AND ERECTION OF TWO TOWNHOUSES - FOR COLIN BROWN

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

(b) 08-06099-CON - 21 TO 23 MAINS LOAN - DEMOLITION OF EXISTING HALLS AND ERECTION OF TWO TOWNHOUSES - FOR COLIN BROWN

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

(c) 08-00377-FUL - 127A to 129 PERTH ROAD - ALTERATION TO EXISTING PUBLIC HOUSE - FOR COMMERCIAL PUB CO

Councillor Macpherson declared a non-financial interest in this item by virtue of having been approached by the applicant and took no part in the discussion thereof.

The Committee acceded to a request which had been received for a deputation to address the Committee in support of the above application. After the deputation had stated its case, it was thanked for its attendance and withdrew.

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

(i) the application fails to comply with Policies 55 and 61 of the Dundee Local Plan Review 2005 as the works would mean that traditional glazing to the front of the property would be lost which has an important contribution to the character of the property and surrounding area and would therefore have a negative effect upon the character of the conservation area; and

(ii) the application fails to discharge the statutory duties set out in Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 as the works would have a negative effect upon the character and appearance of the conservation area.

(d) 08-00600-FUL - 17 COX GARDENS - ERECTION OF SINGLE STOREY HOUSE EXTENSION - FOR MR K YOUNG

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

(e) 08-00526-FUL - 18 CANISP CRESCENT - DORMER EXTENSION - FOR MR BRAD GIBSON

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

(f) 08-00400-FUL - LOCHEE OLD AND ST LUKE'S CHURCH, 5 BRIGHT STREET - ALTERATIONS TO VACANT CHURCH AND GROUNDS TO FORM RESIDENTIAL ACCOMMODATION - FOR V V A PARTNERSHIP

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

(g) 08-00401-LBC - LOCHEE OLD AND ST LUKE'S CHURCH, 5 BRIGHT STREET - ALTERATIONS TO VACANT CHURCH AND GROUNDS TO FORM RESIDENTIAL ACCOMMODATION - FOR V V A PARTNERSHIP

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

(h) 08-00453-FUL - LOGIE RECREATION CLUB, 64-80 LIFF ROAD - ERECTION OF SHELTER/CANOPY - FOR LOGIE RECREATION CLUB.

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

(i) 08-00431-FUL - 8 GLAMIS TERRACE - RETROSPECTIVE PERMISSION TO ERECT ADDITIONAL DECKING AREA TO REAR OF DWELLING - FOR MR CHITA

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

(j) 08-00604-FUL - 1 to 3 BRACKEN BRAE - PLATFORM IN TREE FOR CHILDREN'S ZIP WIRE AND WALKWAY TO INCLUDE TREE HOUSE - FOR MR AND MRS CONWAY

After considering objections received, the Committee refused the application on the grounds that use of this play equipment results in an unacceptable impact on the level of privacy enjoyed by neighbours surrounding the site due to the overlooking of the private gardens of houses to the north and east of the site and the overlooking of windows on houses to the east of the site.

(k) 08-00469-FUL - LAND TO THE NORTH OF CRAIGMORE STREET AND SOUTH OF DUNMORE STREET - ERECTION OF 45 HOUSES - FOR SERVITE HOUSING ASSOCIATION/GLADEDALE (PARTNERSHIPS) LTD

Councillor Black declared a non-financial interest in this item by virtue of being a member of Servite Housing Association and took no part in the discussion thereof.

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

(l) 08-00493-FUL - LAND AT DUNHOLM PLACE, NORTH OF SOUTH ROAD AND SOUTH OF DUNHOLM ROAD - ERECTION OF 48 HOUSES - FOR ABERTAY HOUSING ASSOCIATION LTD/GLADEDALE (PARTNERSHIPS) LTD

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

(m) 08-00472-FUL - LAND TO WEST OF BERWICK DRIVE AND EAST OF LONGHAUGH ROAD - ERECTION OF 48 HOUSES - FOR ANGUS HOUSING ASSOCIATION/GLADEDALE (PARTNERSHIPS) LTD

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

(n) 08-00490-COU - LAND TO THE NORTH OF 13 CLIFFBURN GARDENS, BROUGHTY FERRY - CHANGE OF USE FROM OPEN GROUND TO ENCLOSED GARDEN GROUND

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

(o) 08-00515-FUL - 359 PERTH ROAD - REMOVAL OF EXISTING WINDOW AND EXTENSION TO FORM NEW DOOR OPENING - FOR MR AND MRS McHARDY

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

(p) LOCK UPS AT CHURCHILL PLACE, BROUGHTY FERRY - ERECTION OF BOUNDARY WALL - FOR MR M FERRIER

This item was withdrawn.

(q) 08-00527-FUL - 15 CLAYHILLS DRIVE - PROPOSED GULL WING CONSERVATORY TO REAR OF PROPERTY - FOR MR GOPAL

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

(r) 08-00523-COU - 14 BEAULY AVENUE - CHANGE OF USE FROM SHOP TO HOT FOOD TAKEAWAY - FOR ROBERT DAVIE

Councillor Dick, seconded by Councillor Hunter, moved refusal of the application on the grounds that the proposed development is contrary to Policy 53 - "Licensed and Hot Food Premises outwith the City Centre" of the Dundee Local Plan Review 2005 as the site lies within 30 metres of existing housing and the cooking methods exceed the restrictions which are allowed by the policy. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy.

As an amendment, the Convener, seconded by Councillor Asif, 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 Wright and Borthwick and Councillors Keenan, Bidwell, Ferguson, Morrow, Macpherson, Dick, Guild, Bowes, Andy Dawson, Fordyce, Hunter, Roberts and Hay (16); and for the amendment - the Convener, Bailies Sawers and Scott, and Councillors Asif, Gordon, McCready, Barrie, Black, Duncan, Lynn and Ross (11) - whereupon the motion was declared carried.

(s) 08-00529-FUL - RAILWAY LAND BETWEEN 7 AND 9 AMERICANMUIR ROAD - ERECTION OF TWO NEW HOUSES WITH INTEGRAL GARAGES AND ASSOCIATED PRIVATE ACCESS ROADS - FOR RTK DEVELOPMENTS

After considering objections received, the Committee refused the application on the grounds that the proposed development contravenes Policy 4 of the adopted Dundee Local Plan Review 2005 because the development does not respect the prevailing low density of the surrounding area. The proposal also fails to provide suitable private garden ground for the south most house by virtue of the potential of significant overlooking by the proposed new house to the north due to its position, design and the orientation on the site. There are no material considerations of such a weight that would justify the approval of this application contrary to the terms of this Policy.

(t) 08-00533-COU - 111 to 113 CHEVIOT CRESCENT - CHANGE OF USE FROM OPTICIAN'S SHOP/PRACTICE TO HOT FOOD TAKEAWAY

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

(u) 08-00557-FUL - LAND TO REAR OF 43 TO 45 STRATHMARTINE ROAD - PORTACABIN AT REAR OF PUB - FOR JOHN BARLEYCORN

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

(v) 08-00551-FUL - 1 PITEMPTON ROAD - FAMILY ROOM EXTENSION - FOR MR I RAMSAY

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

(w) THE BOAR'S ROCK, 168 ARBROATH ROAD - PROPOSED MOBILE CANOPY - FOR REDWOOD LEISURE LTD

This item was withdrawn.

(x) 08-00573-FUL - 3 EASSIE TERRACE - DEMOLITION OF EXISTING WOODEN GARAGE AND REPLACEMENT WITH BRICK BUILT AND RENDERED FLAT ROOF GARAGE - FOR MR AND MRS F MILNE

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

(y) 08-00574-FUL - 49 BALLUMBIE GARDENS - ERECTION OF SUMMER HOUSE/SHED AND DECKING - FOR GRAHAM AND LINDA KIDD

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

IV LAND TO NORTH WEST OF 112 CAMPHILL ROAD, BROUGHTY FERRY - ERECTION OF NEW DWELLINGHOUSE

There was submitted Agenda Note AN179-2008, making reference to Article I(cc) of the minute of meeting of this Committee of 18th August, 2008, wherein consideration of the above application was deferred for a period of one month in the light of queries with the application site boundary and neighbour/owner notification.

It was reported that following the meeting, discussions with the applicants took place and the application was formally declared invalid by the Council. The applicants accepted this course of action and would submit a new application in due course.

The Committee noted accordingly.

V PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN175-2008 advising the Committee of the outcome of the undernoted Planning Appeals:-

(a) FLAT G/R, 23B STEP ROW, DUNDEE, DD2 1AH - CHANGE OF USE FROM 3 BEDROOM FLAT TO 4 BEDROOM HMO

Reference was made to Article I(m) of the minute of meeting of this Committee of 15th October, 2007, wherein the above proposal was refused planning permission because the Council considered the proposal to be contrary to Policy 11 of the Dundee Local Plan 2005 (flat with a commons stair; limited car parking in the area) and to the Council's non-statutory supplementary planning policy guidance in relation to the location of HMOs (the limit on numbers of HMOs in the Census Output Area exceeded).

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) 86 MONIFIETH ROAD, DUNDEE - CONSERVATORY EXTENSION

Reference was made to Article I(f) 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 proposal would interrupt a safe means of escape from the apartment above and would make the cleaning of the apartment's windows difficult to achieve (Policy 1 of the Dundee Local Plan Review 2005); and that the materials to be used in the construction of the conservatory were inappropriate to the Reres Hill Conservation Area contrary to Policy 61 of the Plan.

It was reported that the decision was subsequently appealed by the applicant under provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997, and had been upheld subject to a condition that the conservatory will be obscurely glazed and retained in perpetuity as such, in order that the privacy of occupiers and neighbours was respected.

VI ENFORCEMENT ACTION - MAST AT 534 STRATHMARTINE ROAD, DUNDEE

There was submitted Agenda Note AN177-2008 making reference to Article II(k) of the minute of meeting of this Committee of 18th August, 2008 when the Committee noted the Reporter's decision to dismiss the above Enforcement Notice appeal and uphold the Enforcement Notice but varying the timescale for compliance from 28 days to two calendar months. The revised Notice came into effect on the date of the appeal decision, 23rd July, 2008 meaning that compliance (ie the removal of the temporary mast) must take place by 23rd September, 2008.

Failure to comply with the Enforcement Notice would constitute an offence. Section 135 of the Act also provides that the Council may enter the land and undertake the steps required by the Enforcement Notice and thereafter to seek recovery of the expenses involved (direct action).

In the event that the Enforcement Notice is not complied with, the Committee agreed to authorise the Director of Planning and Transportation in consultation with the Depute Chief Executive (Support Services) to undertake enforcement proceedings from the options outlined above as may be most appropriate in the circumstances.

VII BUILDING (SCOTLAND) ACT 2003 - DANGEROUS BUILDINGS

There was submitted Report No 442-2008 by the Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during the month of July 2008.

The Committee noted the contents of the report.

Roderick A J WALLACE, Convener.