Planning Committee (including Former Development Management And Development Quality) - 17/11/2008

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

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 20th October, 2008 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 08-00386-COU - 22 CASTLE STREET - CONVERSION OF PREMISES INTO NINE FLATS - FOR GAIROCH DEVELOPMENT COMPANY

It was reported that a request had been received for a deputation to address the Committee in support of the above application.

The Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation, and in the circumstances, declined to hear the deputation.

(b) 08-00388-LBC - 22 CASTLE STREET - CONVERSION OF PREMISES INTO NINE FLATS - FOR GAIROCH DEVELOPMENT COMPANY

It was reported that a request had been received for a deputation to address the Committee in support of the above application.

The Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation, and in the circumstances, declined to hear the deputation.

(c) 08-00494-FUL - 40-50 BALFIELD ROAD - INSTALLATION OF FOUR VENT FLUES ON ROOF - FOR ARNOLD CLARK AUTOMOBILES

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

(d) 08-00591-FUL - 3-5 RAGLAN STREET - PROPOSED DEMOLITION OF GARAGE AND PART OF EXISTING NURSERY AND ERECTION OF REPLACEMENT NURSERY EXTENSION AND SIX FLATS - FOR MR GORDON BREMNER

It was reported that a request had been received for a deputation to address the Committee in support of the above application.

The Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation, and in the circumstances, declined to hear the deputation.

(e) 08-00624-FUL - 76 GROVE ROAD, BROUGHTY FERRY - DEMOLITION AND REBUILDING OF BOUNDARY WALL - FOR MOYNESS NURSING HOME

The Committee acceded to a request 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 proposed development contravenes Policy 15(h), 61 and 72 of the adopted Dundee Local Plan Review 2005 because of the extensive felling of mature trees which make a significant visual contribution to the character and appearance of the West Ferry Conservation Area. There are no material considerations that would justify the approval of this application contrary to the provisions of the Development Plan; and

(ii) the proposed development would have a detrimental impact of the character and appearance of the West Ferry Conservation Area by reason of the extensive felling of mature trees which make a significant visual contribution to the conservation area. The approval of this development would fail to meet the statutory duty set out in Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

(f) 08-00599-CON - 76 GROVE ROAD, BROUGHTY FERRY - DEMOLITION AND REBUILDING OF BOUNDARY WALL - FOR MOYNESS NURSING HOME

The Committee acceded to a request 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 the demolition of this boundary wall is inextricably linked with a replacement wall which involves the felling of a number of mature trees which make a very significant contribution to the character and appearance of the West Ferry Conservation Area. The proposal would therefore detract from the character and appearance of the conservation area and fail to meet the statutory duty set out in Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

(g) 08-00621-FUL - 77 HIGH STREET - ERECTION OF EXTERNAL SMOKING SHELTER - FOR THE NOBLE ORGANISATION

It was reported that a request had been received for a deputation to address the Committee in support of the above application.

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

(h) 08-00622-LBC - 77 HIGH STREET - ERECTION OF EXTERNAL SMOKING SHELTER - FOR THE NOBLE ORGANISATION

It was reported that a request had been received for a deputation to address the Committee in support of the above application.

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

(i) 08-00631-COU - 123 NETHERGATE - CHANGE OF USE FROM POST OFFICE AND NEWSAGENT TO RESTAURANT AND HOT FOOD TAKEAWAY - FOR HASAN AKAR

It was reported that a request had been received for a deputation to address the Committee in support of the above application.

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

(j) 08-00651-COU - 14-16 ARBROATH ROAD - CONVERSION OF EXISTING TANNING STUDIO INTO BAKERY/CAFE WHICH WILL SERVE HOT AND COLD FOOD AND COOK ON SITE - FOR E & A CEYNAN

The Committee acceded to requests for deputations to address the Committee both in support of and in relation to objections to the above application. After the deputations had stated their cases and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

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

(k) 08-00664-FUL - LAND TO NORTHWEST OF 112 CAMPHILL ROAD, BROUGHTY FERRY - ERECTION OF NEW DWELLING - FOR MR AND MRS G PHILP

Councillor Macpherson declared a non-financial interest in this item by virtue of knowing the objector and took no part in the discussion thereof.

The Committee acceded to requests for deputations to address the Committee both in support of and in relation to objections to the above application. After the deputations had stated their cases and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

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

(l) 08-00686-FUL - 92 KINGHORNE ROAD - RETROSPECTIVE CONSENT FOR THE ERECTION OF DECKING TO REAR GARDEN AND ERECTION OF GARDEN SHED - FOR DAVID COUPAR

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

(m) 08-00695-COU - 4 LINFIELD STREET - CHANGE OF USE FROM SIT-IN RESTAURANT TO DWELLINGHOUSE - FOR MR G SQUIRE

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

(n) 08-00737-COU - 107 HIGH STREET, LOCHEE - CHANGE OF USE FROM VACANT RETAIL UNIT TO A CLASS 2 BETTING OFFICE

The Committee acceded to a request 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 raised, the Committee refused the application on the grounds that:-

(i) the proposed change of use from a Class 1 retail use to a Class 2 use as a betting office will result in the loss of a large retail unit within the Core Frontage of the Lochee District Centre which is required to support the regeneration aspirations of the Lochee Physical Regeneration Strategy and to ensure that opportunities are available for retail uses to locate within the Core Area given the proposed changes to the retailing capacity in the area; and

(ii) the proposed change of use from a Class 1 retail use to a Class 2 betting office use would be detrimental to the vitality and viability of the Lochee District Centre by virtue of the further reduction of retail uses from this identified retail frontage.

(o) 08-00705-COU - 33 LAWRENCE STREET, BROUGHTY FERRY - CHANGE OF USE TO HOT FOOD TAKEAWAY - FOR PA PETE'S TAKEAWAY

It was reported that a request had been received for a deputation to address the Committee in support of the above application.

The Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation, and in the circumstances, declined to hear the deputation.

(p) 08-00030-FUL - LAND TO NORTH OF BALGOWAN AVENUE AND WEST OF OLD GLAMIS ROAD - HOUSING DEVELOPMENT COMPRISING 71 UNITS - FOR BALDRAGON HOMES

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

(q) 08-00346-FUL - LAND AT 2A GLENAGNES ROAD AND 215/217 BLACKNESS ROAD - DEMOLITION OF DWELLINGHOUSES AND ERECTION OF TEN FLATS - FOR MR KASHMIRI

Councillor Asif declared a non-financial interest in this item by virtue of knowing the applicant and took no part in the discussion thereof.

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

(r) 08-00669-FUL - 281 PERTH ROAD - CONVERSION OF THREE STOREY TOWNHOUSE INTO TWO FLATS - FOR MR PAUL ALLEN

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

(s) 08-00668-LBC - 281 PERTH ROAD - CONVERSION OF THREE STOREY TOWNHOUSE INTO TWO FLATS - FOR MR PAUL ALLEN

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

(t) 08-00706-FUL - THE BOARS ROCK, 168 ARBROATH ROAD - ERECTION OF MOBILE CANOPY - FOR REDWOOD LEISURE LTD

Bailie Regan 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.

After considering objections received, the Committee refused the application on the grounds that regardless of the applicant's stated intentions for this structure, the proposal to retain this canopy will encourage patrons to continue to congregate at this location, resulting in increased noise disturbance for local residents, particularly at late evening time, to the detriment of their amenity. For this reason, the proposal is contrary to Policy 1 of the adopted Dundee Local Plan review 2005. There are no material considerations that would justify setting aside the development plan to grant planning permission.

(u) 08-00714-FUL - 39 BALLUMBIE DRIVE - ERECTION OF RANCH STYLE GARDEN FENCE - FOR MR KARL SCHJOLBERG

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

II COMMITTEE WORKLOADS AND THE DECISION MAKING PROCESS IN RELATION TO PLANNING APPLICATIONS

There was submitted Report No 491-2008 by the Director of Planning and Transportation considering the options for change in respect of the way in which planning applications were determined with particular reference to the potential for reducing the workload of the Development Quality Committee.

The Committee agreed that the matter be fully discussed at the next Development Quality Forum, and that thereafter, it be remitted to the Director of Planning and Transportation and the Depute Chief Executive (Support Services) to prepare a report to the Policy and Resources Committee seeking amendments to the Scheme of Delegation based the recommendations in the report, and having taken into consideration the views of the Development Quality Forum.

III PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN209-2008 detailing the undernoted Planning Appeal decisions:-

(a) 409 BROOK STREET, BROUGHTY FERRY, DUNDEE - ERECTION OF PIGEON LOFT

Reference was made to Article I(i) of the minute of meeting of this Committee of 19th May, 2008, wherein the above proposal was refused planning permission because the Council considered that the proposals, due to their location and scale, were detrimental to local amenity contrary to Policy 1 of the Dundee Local Plan Review 2005.

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. The Reporter allowed the appeal and determined that planning permission was not required in respect of the proposals shown on the application drawings.

However, there was a discrepancy between the structures shown on the submitted plans and those which actually existed on-site.

The Committee noted that the development presently on-site required planning permission and that the applicant should be required to make his proposals consistent with the approved plans, or alternatively, seek the Council's approval to retain all the structures on-site. This would require a fresh planning application. Failure to follow either of these courses of action might result in enforcement action.

(b) 20 BARNES AVENUE, DUNDEE, DD4 9AF - ERECTION OF DWELLINGHOUSE IN GARDEN GROUND

Reference was made to Article I(o) of the minute of meeting of this Committee of 21st April, 2008, wherein the above proposal was refused planning permission because the Council considered that the proposals were contrary to Policies 4, 15 and 55 of the Dundee Local Plan Review 2005 (scale, massing, design of the house; layout of the site; and the likely adverse impact on neighbouring properties).

It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997, and had been dismissed.

(c) 6 STIRLING STREET, DUNDEE - CREATION OF TWO ONE BEDROOM FLATS FROM EXISTING TWO BEDROOM UNIT

Reference was made to the decision taken by the Director of Planning and Transportation on 5th June, 2008 under powers delegated by the Council to refuse planning permission in respect of the above because it was considered that the proposal contravened Policy 4 of the Dundee Local Plan 2005 (sub-standard floorspace and less than two bedrooms).

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.

(d) LISTED BUILDING ENFORCEMENT APPEAL DECISION - GROUND FLOOR, 9-11 WHITEHALL CRESCENT - BREACH OF LISTED BUILDING CONTROL: UNAUTHORISED ERECTION OF SIGNAGE

Reference was made to the enforcement notices served by the Council on the owner and tenant on 30th April, 2008 which required that an unauthorised sign at the above location be removed within a period of seven days from the date of the notices.

It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 18 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, and had been dismissed, and listed building consent for the matters covered in the listed building enforcement notices refused, with the notices coming into force on the date of his decision (30th October, 2008).

(e) LAND WEST OF RICHMOND TERRACE - ERECTION OF ONE DWELLINGHOUSE

Reference was made to Article I(k) of the minute of meeting of this Committee of 21st April, 2008, wherein the above proposal was refused planning permission because the Council considered that the proposal breached a number of local plan policies (Policy 61 - adverse impact of the proposed new house and of proposed tree felling on the West End Suburbs Conservation Area; Policy 55 - inappropriate design of the proposal in the context of the local environment). The Council was also concerned at the potential for the development to displace bat roosts.

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 subject to a range of six conditions relating to finishing materials, landscaping, tree retention, potential site contamination and the repetition of the stage two bat survey.

(f) LAND ON LINLATHEN ESTATE, LINLATHEN ROAD, DUNDEE

Reference was made to Article I(d) of the minute of meeting of this Committee of 17th September, 2007, wherein members resolved to grant conditional planning permission for the above proposal subject to the application being referred to Scottish Ministers in accordance with the provisions of the Town and Country Planning (Notification of Applications) (Scotland) Direction 2007. This was because the Council had an interest in the land in circumstances where it proposed to grant permission contrary to the provisions of the Development Plan. In addition, a statutory consultee, Historic Scotland, had objected to the application. On 14th January, 2008, Scottish Ministers directed that the Council refer the application to them for determination.

The application was subsequently considered at a hearing held on 14th May, 2008. The Reporter submitted his report to Scottish Ministers on 8th August, 2008 recommending that planning permission be refused. Scottish Ministers accepted the reasoning and recommendation of the Reporter and issued the decision to refuse planning permission on 8th October , 2008.

IV LOCHEE CONSERVATION AREA

There was submitted Agenda Note AN210-2008 making reference to Article I of the minute of meeting of the Planning and Transport Committee of 27th October, 2008, wherein the Committee agreed, inter alia, that the Lochee Conservation Area and Conservation Area Character Appraisal be approved as supplementary planning guidance to the Dundee Local Plan Review 2005 and as a material consideration in the determination of planning applications.

The Committee noted accordingly.

V FOGGYLEY SITE PLANNING BRIEF

There was submitted Agenda Note AN211-2008, making reference to Article III of the minute of meeting of the Planning and Transport Committee of 27th October, 2008, wherein the Committee agreed, inter alia, that the above mentioned site planning brief be referred to the Committee as a relevant material planning consideration.

The Committee noted accordingly.

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

There was submitted Report No 527-2008 by the Director of Planning and Transportation advising members of the action taken in dealing with dangerous buildings during the month of September 2008.

The Committee noted the contents of the report.

Roderick A J WALLACE, Convener.