Planning Committee (including Former Development Management And Development Quality) - 15/12/2008

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

Present:-

BAILIES

COUNCILLORS

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

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

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 08-00195-FUL - 48 ADELAIDE PLACE - ERECTION OF FOUR NEW DWELLINGHOUSES - FOR STRATHEARN HOMES LTD

It was reported that a request had been received for a deputation to address the Committee relative to objections to the above application.

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

(i) the proposed development is considered to be contrary to Policy 4 (Design of New Housing) of the Dundee Local Plan Review 2005 by virtue of the failure of the applicants to adequately demonstrate that each of the new houses will accommodate sufficient useable private garden ground. The applicants have also failed to adequately demonstrate that the development will not adversely impact on the environmental quality currently enjoyed by local residents by increased overlooking of the adjacent properties resulting in a reduction in their privacy. There are no material considerations that would justify setting aside the terms of this policy and approving this application;

(ii) the proposal is considered to be contrary to Policy 61 (Development in Conservation Areas) of the Dundee Local Plan Review 2005 by virtue of the failure of the applicants to adequately demonstrate that the removal of trees from the site would not negatively impact on the character and setting of the Law Terraces Conservation Area. There are no material considerations that would justify the setting aside the terms of this policy and approving the application;

(iii) the proposed development is considered to be contrary to Policy 72 (Trees and Urban Woodland) of the Dundee Local Plan Review 2005 by virtue of the failure of the applicants to adequately demonstrate the survival and retention of trees through the sensitive development of the site. There are no material considerations that would justify setting aside the terms of this policy and approving the application; and

(iv) the applicants have failed to adequately demonstrate that the removal of trees from the south side of the site, which make a significant visual contribution to the area, would not have an adverse impact on the character and appearance of the Law Terraces Conservation Area. The approval of this development would fail to meet the statutory duty set out in Section 64 of the Planning (Listed Building and Conservation Areas) (Scotland) Act 1997.

In the circumstances, the Committee declined to hear the deputation.

(b) 08-00605-FUL - 400 TO 410 PERTH ROAD - FORMATION OF OFFICE ACCOMMODATION IN NEW ROOF SPACE - FOR CLARK THOMSON INSURANCE

It was reported that a request had been received for a deputation to address the Committee in support of 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, Depute Lord Provost Borthwick, seconded by Councillor Duncan, moved approval of the application, subject to the conditions that:-

(i) the development hereby permitted shall be commenced within five years from the date of this permission; and

(ii) before works start on site, samples of the proposed finishing materials shall be submitted to this Planning Authority for written approval and thereafter shall be applied in accordance with such approved samples;

in order to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997, and to ensure that the proposed extension has a satisfactory external appearance in the interests of the visual appearance and character of the surrounding area.

As an amendment the Convener, seconded by Councillor Macpherson, moved refusal of the application on the grounds that:-

(i) the development contravenes Policy 55 and Policy 61 of the Dundee Local Plan Review 2005 by virtue of the inappropriate design and scale of the proposed extension and the adverse impact such a structure would have on the appearance of the existing building and the setting and character of the surrounding conservation area. There are no material considerations of sufficient weight 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 on the character and appearance of the West End Lanes Conservation Area by reason of the provision of an obtrusive extension of an inappropriate scale and design on the roof of a building located on a prominent site within the local area. The approval of this application would fail to meet the statutory duty set out in Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

On a division, there voted for the motion - Depute Lord Provost Borthwick, Bailies Regan, Wright, Sawers and Scott, and Councillors Asif, Dick, Guild, Barrie, Black, Bowes, Andy Dawson, Will Dawson, Duncan, Fordyce, Hunter, Lynn, Roberts and Ross (19); and for the amendment - the Convener, Lord Provost Letford and Councillors Keenan, Bidwell, Ferguson, Gordon and Hay (7) - whereupon the motion was declared carried.

(c) 08-00716-FUL - 123 PERTH ROAD - EXTENSION TO OPENING HOURS UNTIL 10 PM - FOR CAFE SICILIA

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

(d) 08-00790-FUL - 19 ROSSIE TERRACE, BROUGHTY FERRY - EXTENSIONS TO EAST AND WEST OF HOUSE, SUMMERHOUSE TO NORTH OF GARAGE AND NEW DRIVEWAY FROM BOYSACK GARDENS - FOR MR McNALLY

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

(e) 08-00718-FUL - 13 FAIRFIELD ROAD, BROUGHTY FERRY - PROPOSED NEW SINGLE STOREY DWELLINGHOUSE - FOR MRS M MARTIN

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

It was reported that a request had been received for a deputation to address the Committee in support of 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, the Committee refused the application on the grounds that:-

(i) the proposed house by virtue of design and finishing materials will detract from the character and setting of the West Ferry Conservation Area and surrounding B and C(s) listed buildings bounding the application site. The proposals are therefore contrary to the provisions of Policy 4, Policy 15, Policy 55 and Policy 61 of the Dundee Local Plan Review 2005 as well as the statutory duties set out in Sections 59 and 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. There are no other material considerations that would justify laying aside the provisions of the Development Plan or Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to grant planning permission; and

(ii) the proposed development would disrupt the existing root structure of trees populating the application site. This would inadvertently cause significant damage to the trees which contribute to the character and setting of the West Ferry Conservation Area as well as the wooded garden of the C(s) listed host building "Craigmore", 13 Fairfield Road. The potential loss of trees would significantly alter the appearance, character and setting of both the West Ferry Conservation Area and listed buildings surrounding the application site. The proposed development is therefore contrary to the provisions of Criteria (h) of Policy 15 (Development in Garden Ground) and Policy 61 (Development in Conservation Areas) of the Dundee Local Plan Review 2005 as well as the statutory duties set out in Sections 59 and 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. There are no material considerations that would justify laying aside the provisions of the Development Plan or Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to grant planning permission.

(f) 08-00504-COU - 140 TO 142 ARBROATH ROAD - CHANGE OF USE OF RETAIL UNITS TO CLASSES 1, 2 AND 3 OF THE USE CLASSES ORDER - FOR ALDI STORES

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

(g) 08-00642-FUL - GARDEN GROUND TO EAST OF 4 STRIPS OF CRAIGIE ROAD - ERECTION OF TWO STOREY HOUSE AND GARAGE - FOR MR W GOWANS

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

(i) the proposal fails to comply with Policy 4 of the Dundee Local Plan Review 2005 due to the density, mass, height and position of the proposed house on the site at this prominent location. There are no material considerations in these circumstances that would justify approval of the application contrary to the provisions of the development plan;

(ii) the proposal fails to comply with parts A and D of Policy 15 of the Dundee Local Plan Review 2005 due to the scale, massing and density of the proposed development, which does not satisfactorily integrate with the surrounding environment. There are no material considerations in these circumstances to justify approval of the application contrary to the provisions of the development plan; and

(iii) the introduction of a second vehicular access within close proximity to a major junction will intensify the level of traffic taking access to and from Strips of Craigie Road, which will have a detrimental impact on traffic and pedestrian safety at this busy junction.

(h) 08-00680-OUT - DELTA CAPILLARY PRODUCTS LTD, ALEXANDER STREET - OUTLINE APPLICATION FOR RESIDENTIAL DEVELOPMENT - FOR COLEVILLE LTD

The Committee acceded to a request for a deputation to be heard 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, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

(i) 08-00770-FUL - 11 TRAQUAIR GARDENS - EXTENSION TO DWELLINGHOUSE - FOR MR ALAN McSKIMMING

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

(j) 08-00788-FUL - 6 ALBANY ROAD, BROUGHTY FERRY - TWO STOREY EXTENSION TO THE SOUTH WEST CORNER OF EXISTING BUILDING - FOR MR AND MRS SHAKEEL ISMAIL

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

(k) 08-00794-FUL - 15 HOLLY CRESCENT, BROUGHTY FERRY - SINGLE STOREY GARDEN ROOM EXTENSION TO REAR OF EXISTING DETACHED TWO STOREY HOUSE - FOR MR AND MRS KNIGHT

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

(l) 08-00801-FUL - 10 VICTORIA ROAD, BROUGHTY FERRY - ERECTION OF BOUNDARY FENCING AND DOUBLE GARAGE - FOR MR AND MRS GIBSON

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

II REQUEST FOR APPROVAL TO SERVE SECTION 187 NOTICE - KINGS CROSS ROAD

There was submitted Agenda Note AN223-2008, advising that a complaint had been received regarding unauthorised advertising on boundary fencing facing onto King's Cross Road, Dundee. It was considered the most effective way to ensure its removal was to serve Notices on all interested parties under Section 187 of the Town and Country Planning (Scotland) Act 1997 - Power to Remove or Obliterate Placards and Posters. Once this Notice had been served, the Planning Authority could remove the unauthorised signage after two days.

The Committee authorised the Depute Chief Executive (Support Services) and the Director of Planning and Transportation to serve the Notices and thereafter authorised the Director of Planning and Transportation to allow the Enforcement Officer to enter onto the unoccupied land to exercise the power under Section 187 and enforce the Terms of Notice.

III REQUEST FOR DIRECT ACTION AT 93 TO 95 HIGH STREET, LOCHEE

There was submitted Report No 619-2008 by the Director of Planning and Transportation seeking agreement to the Director of Planning and Transportation, in consultation with the Depute Chief Executive (Support Services), taking appropriate action to seek compliance with a Listed Building Enforcement Notice requiring the removal of roller box shutters and associated boxes in respect of 93-95 High Street, Lochee.

The Committee authorised action under the terms of Section 38 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, to allow the Council to enter onto land and take necessary steps to comply with the terms of the Listed Building Enforcement Notice. Thereafter, any expenses reasonably incurred by the Council taking such action would be recovered from the landowner.

IV PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN222-2008 advising of the outcome of the undernoted planning appeals:-

(a) 210 STRATHMARTINE ROAD - CONVERSION OF AN EXISTING 48 SHEET ADVERTISING DISPLAY TO AN INTERNALLY ILLUMINATED UNIT

Reference was made to the decision of the Council on 26th June, 2008, under powers delegated to the Director of Planning and Transportation, to refuse Advertisement Consent in respect of the above because the Council considered that the proposal was contrary to the provisions of Policy 63 of the Dundee Local Plan Review 2005 in that the proposal, due to its illumination and prominence, would be injurious to the amenity of the area.

It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 182 of the Town and Country Planning (Scotland) Act 1997 and Regulation 21 of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 on the grounds that the Council had failed to reach a determination within the statutory period, a claim not borne out by the circumstances of the case. A decision notice had been issued but appears not to have been received by the applicant.

The Reporter had upheld the appeal and granted Advertisement Consent with the normal statutory conditions plus an additional condition to control levels of illumination.

(b) 3 BALMYLE ROAD, BROUGHTY FERRY - ERECTION OF DWELLINGHOUSE, GARAGE AND ANCILLARY WORKS (ALTERNATIVE PROPOSALS)

Reference was made to Articles I(o) and (p) of the minute of meeting of this Committee of 18th August, 2008, wherein two alternative proposals in the form of separate applications for the development of the above site were refused planning permission on the grounds that the proposals were contrary to Policies 4, 15 and 61 of the Dundee Local Plan Review 2005 (scale, massing, design and finish of the proposal; failure to preserve or enhance the character of the conservation area; overlooking and privacy issues; reduction of on-site parking spaces).

It was reported that the decisions on the two 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 had been dismissed.

(c) LAND TO NORTH EAST OF THE BETTING OFFICE, FINLARIG TERRACE/FINTRY ROAD - OUTLINE APPLICATION FOR A SINGLE STOREY EXTENSION TO AN EXISTING BUILDING TO FORM A NEW RETAIL UNIT

Reference was made to Article I(r) of the minute of meeting of this Committee of 16th June, 2008, wherein the above proposal was refused planning permission because the Committee considered the proposal to be contrary to Policy 1 of the Dundee Local Plan 2005 (likely increased traffic congestion; additional demand on limited parking; pedestrian safety issues).

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 the normal statutory conditions relating to the approval of reserved matters and a condition relating to the construction of an adjacent footway to Council standards.

(d) 102 CHURCH STREET, BROUGHTY FERRY - ERECTION OF TWO SEMI-DETACHED HOUSES IN GARDEN

Reference was made to Article I(s) of the minute of meeting of this Committee of 18th August, 2008, wherein the above proposal was refused planning permission because the Council considered that the proposal was contrary to the provisions of Policies 4 and 15 of the Dundee Local Plan Review 2005 (overlooking, overshadowing, design quality, layout, over-development of the site, car parking and impact on existing buildings and the existing streetscape).

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.

(e) 66 DALRYMPLE TERRACE - EXTENSION TO DWELLINGHOUSE

Reference was made to Article I(r) of the minute of meeting of this Committee of 18th August, 2008, wherein the above proposal was refused planning permission because the Council considered that the proposals failed to comply with Policy 14 of the Dundee Local Plan Review 2005 in respect of the potential loss of sunlight and daylight to an adjacent property; the potential for the loss of privacy in respect of an adjacent property; and the proposed design of the extension which was considered to be out of keeping with the scale and character of the existing property.

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 condition requiring the submission for approval of details relating to the internal secondary access to a bin position within the garage; and details of obscured glazing to a bedroom window, in order to help guard against the unsatisfactory visual impact of potential refuse storage in the front garden and to maintain a reasonable level of privacy at the rear of number 68.

(f) FORMER FILLING STATION, MACALPINE ROAD - NEW FILLING STATION SHOP, CANOPY, PUMP ISLANDS AND TANKS

Reference was made to the decision of the Council on 21st May, 2008, under powers delegated to the Director of Planning and Transportation, to refuse planning permission in respect of the above because the Council considered that the proposal was contrary to the provisions of Policy 44 of the Dundee Local Plan Review 2005 and Scottish Planning Policy 8 - Town Centres and Retailing in that the proposal was likely to have a detrimental effect on the vitality and viability of local shopping provision.

It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997, and had been upheld with conditions attached regarding the discharge of any ground contamination matters.

(g) OLD MILL COMPLEX, BROWN STREET - STUDENT ACCOMMODATION (116 FLATS AND ANCILLARY ACCOMMODATION)

Reference was made to Article III of the minute of meeting of this Committee of 16th June, 2008, wherein the Council agreed the case it wished to be advanced in respect of the above appeals which had been lodged following the Council's failure to determine the applications within the prescribed statutory period. The Council resolved that had it determined the applications for planning and listed building consent it would have refused both applications.

It was reported that the applications were subsequently appealed 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 both been dismissed.

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

There was submitted Report No 572-2008 by the Director of Planning and Transportation advising the members of the action taken in dealing with dangerous buildings during the month of October 2008.

The Committee noted the contents of the report.

Roderick A J WALLACE, Convener.