Planning Committee (including Former Development Management And Development Quality) - 19/01/2009

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 19th January, 2009.

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 15th December, 2009 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 08-00792-FUL - WIMBERLEY HOUSES, GLAMIS DRIVE - CHANGE OF USE AND ELEVATIONAL ALTERATIONS TO FORM DWELLINGHOUSES AND ASSOCIATED CAR PARKING SPACES - FOR 37 BAKER STREET

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

Thereafter, having considered objections received, Councillor Macpherson, seconded by Councillor Barrie, moved refusal of the application on the grounds that:-

(i) the proposed development contravenes Policy 4 of the Dundee Local Plan Review 2005 by virtue of the failure of the applicants to provide the required level of private useable garden ground and off-street car parking provision within the curtilage area of each new dwellinghouse proposed, resulting in a standard of development that would not be commensurate with the quality of housing located in the surrounding area; and

(ii) the proposed development will result in a significant increase in demand for on-street car parking in the surrounding suburban streets to the detriment of the environmental qualities currently enjoyed by local residents and the road traffic and pedestrian safety of the area.

As an amendment, the Convener, seconded by Councillor Keenan, moved approval of the application subject to the conditions recommended by the Director of Planning and Transportation.

On a division, there voted for the motion - Lord Provost Letford, Bailie Scott and Councillors Asif, McCready, Macpherson, Dick, Barrie, Andy Dawson, Lynn and Hay (10); and for the amendment - the Convener, Depute Lord Provost Borthwick, Bailies Regan and Wright and Councillors Keenan, Bidwell, Ferguson, Gordon, Guild, Black, Will Dawson and Fordyce (12) - whereupon the amendment was declared carried.

(b) 08-00799-FUL - REDHOLME, GARDYNE ROAD - PROPOSED DEVELOPMENT OF NEW CARE HOME FOR THE ELDERLY - FOR REDHOLME DEVELOPMENTS LTD

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 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 is of unsatisfactory design quality principally due to the excessive scale of the building compared with adjoining dwellings and the blandness of the extensive side elevations contrary to Policies 1, 10(a) and (f), 15(a) and 55 of the adopted Dundee Local Plan Review 2005. There are no material considerations that would justify the approval of the application contrary to the provisions of the Development Plan;

(ii) the proposed development is of excessive scale and massing and represents an overdevelopment of the site contrary to Policies 10(f) and 15(b), (c) and (d) of the adopted Dundee Local Plan Review 2005. There are no material considerations that would justify the approval of the application contrary to the provisions of the Development Plan; and

(iii) the proposed development would result in unacceptable overlooking of the garden areas of adjoining dwellings due to the large number of additional windows coupled with the increased height of the new building. The proposed development is therefore contrary to Policies 1 and 10(a) of the adopted Dundee Local Plan Review 2005 and there are no material considerations that would justify the approval of the application contrary to the provisions of the Development Plan.

(c) 08-00808-COU - 8 TO 12 SOUTH WARD ROAD - CONTINUATION OF USE OF FORMER CAR SALES YARD AS PASSENGER COLLECTION AREA - FOR DUNDEE TAXI CAB COMPANY LTD

Councillor Gordon declared a non-financial interest in this item by virtue of being a friend of the applicant and left the Chamber during its consideration.

The Committee acceded to requests which had been received 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) 08-00816-FUL - 5 MARCHFIELD ROAD - PROPOSED DECKING TO THE FRONT OF DWELLING - FOR MR D JOHNSTON

The Committee acceded to requests which had been received 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, and subject to the additional condition (iii) that within three months of the date of this permission, proposals for the screening to the east of the decking shall be submitted to and approved in writing by the Planning Authority. The details agreed shall thereafter be carried out within three months of the date of the agreement letter in order to ensure the amenity of neighbouring occupiers.

(e) 08-00840-FUL - 344 BLACKNESS ROAD - SINGLE STOREY EXTENSION TO EAST ELEVATION TO PROVIDE FAMILY ROOM - FOR MR AND MRS TENNANT

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

Having considered 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.

(f) 08-00814-COU - 13 EXCHANGE STREET - CHANGE OF USE FROM CLOTHES SHOP TO SANDWICH TAKEAWAY BAR SERVING HOT AND COLD FOOD - FOR MR GARY HIBBERT

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

Having considered 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.

(g) 08-00819-FUL - 2 ALBERT ROAD, BROUGHTY FERRY - CONVERSION OF ATTIC SPACE TO FORM LOUNGE, BATHROOM AND PATIO AREA - FOR H SOPALLA

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

Having considered objections received the Committee refused the application on the grounds that:-

(i) the proposed first floor patio by virtue of its exposed and elevated position and the proposed east facing roof lights will significantly overlook neighbouring properties. This will give rise to a serious breach in neighbours' privacy which is contrary to the provisions of Policy 14 Criteria (b) of the Dundee Local Plan Review 2005. There are no material considerations that would justify laying aside the provisions of Policy 14 to grant planning permission.

(ii) by virtue of scale and massing the proposed alternations to the roof will give the house at 2 Albert Road an awkward and unbalances appearance. This will detract from the Albert Road streetscape which is characterised by houses of matching design and finishing materials. Consequently, the proposals will have a significant impact upon the historic character and setting of the West Ferry Conservation Area that surrounds the application site. The proposals are therefore contrary to the provisions of Policy 14 Criteria (a) and (d) and Policy 61 of the Dundee Local Plan Review 2005. There are no other material considerations that would justify laying aside the provisions of the Development Plan to grant planning permissions.

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

(h) 08-00778-FUL - 20 BALLANTRAE ROAD - EXTENSION TO EXISTING DWELLINGHOUSE - FOR MR AND MRS LEES

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

(i) 08-00810-FUL - PERTH ROAD - ERECTION OF CCTV MAST AND CAMERA EQUIPMENT - FOR DIRECTOR OF ECONOMIC DEVELOPMENT, DUNDEE CITY COUNCIL

The Convener and Councillors Gordon and Macpherson declared a non-financial interest in this item by virtue of being members of TACTRAN and left the Chamber during its consideration. Councillor Keenan took the chair during consideration of this item only.

The Committee acceded to a request which had been received 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, the Committee approved the application subject to the conditions recommended by Director of Planning and Transport.

(j) 08-00966-FUL - AYSTREE, 26 VICTORIA ROAD, BROUGHTY FERRY - ALTERATIONS TO CONVERT EXISTING BUILDING INTO SIX RESIDENTIAL UNITS, CONVERSION OF EXISTING STABLE BLOCK INTO ONE RESIDENTIAL UNIT, RENOVATION AND EXTENSION OF EXISTING GATEHOUSE TO FORM ONE RESIDENTIAL UNIT - FOR MORTON PROPERTIES

Depute Lord Provost Borthwick declared a non-financial interest in this item by virtue of being a Trustee of the applicant's Charity Trust and took no part in the consideration thereof.

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

(k) 08-00768-LBC - AYSTREE, 26 VICTORIA ROAD, BROUGHTY FERRY - ALTERATIONS TO CONVERT EXISTING BUILDING INTO SIX RESIDENTIAL UNITS, CONVERSION OF EXISTING STABLE BLOCK INTO ONE RESIDENTIAL UNIT, RENOVATION AND EXTENSION OF EXISTING GATEHOUSE TO FORM ONE RESIDENTIAL UNIT - FOR MORTON PROPERTIES

Depute Lord Provost Borthwick declared a non-financial interest in this item by virtue of being a Trustee of the applicant's Charity Trust and took no part in the consideration thereof.

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

II AMENDMENTS TO THE SCHEME OF DELEGATION ON DEVELOPMENT QUALITY MATTERS

This item was withdrawn.

III FUTURE CEMETERY PROVISION IN DUNDEE

There was submitted Agenda Note AN13-2009, making reference to Article II of the Planning and Transportation Committee of 12th January, 2009 wherein the Committee approved Report No 5-2009 "Future Cemetery Provision in Dundee - Site Profiles and Preliminary Assessment". The report was recommended to this Committee as a material consideration for development control purposes in guiding future planning applications, and the Committee noted accordingly.

IV PROPOSED WIND TURBINE AT SMEATON ROAD, WESTER GOURDIE INDUSTRIAL ESTATE, DUNDEE

There was submitted Agenda Note AN14-2009, advising that R D Energy Solutions had made a formal request to the Council for a Screening Opinion under the terms of Regulation 5 of the Environmental Impact Assessment (Scotland) Regulations 1999 (as amended). The request had been made on behalf of Dundee Cold Stores Ltd who were proposing to submit a planning application for the development of a medium scale wind turbine on their site on Smeaton Road, Wester Gourdie Industrial Estate, Dundee.

At this stage, it was proposed to install a medium scale wind turbine on an area of ground adjacent to the main Dundee Cold Storage Warehouse to the east of Smeaton Road. A specific type of turbine had not been selected at this stage but it was expected to range from approximately 66 metres from ground to blade tip to approximately 91 metres from ground to blade tip depending on the type and brand chosen.

R D Energy Solutions had submitted an Environmental Study Report in order to assist the Council in the formation of their Screening Opinion, describing the proposed development and outlining a range of environmental issues which the proposed development was likely to raise.

This request for a Screening Opinion had been assessed in terms of the Regulations including Schedule 3 to the Regulations and the advice offered by the Scottish Government in Circular 8/2007. On the basis of the information submitted it had been concluded that the proposal was not likely to give rise to significant environmental effects. Accordingly, it was considered that the submission of a formal Environmental Statement was not required in this case and in respect of the proposed development outlined in the submitted study. The Regulations provide that if the party making the request for the Screening Opinion is not satisfied, they may seek a Direction from the Scottish Ministers. Such a Direction may support or alter the local authorities opinion.

The Committee remitted to the Director of Planning and Transportation to issue a Screening Opinion to R D Energy Solutions in the above terms and based on the Director's assessment of the proposals.

V PLANNING APPEAL DECISION - 1 HERON RISE (SELECT FIREPLACE CO LTD) - FIXING OF THREE ANTENNAE TO BRICK CHIMNEYSTACK, ASSOCIATED HOUSING AND ANCILLARY DEVELOPMENT

There was submitted Agenda Note AN16-2009, making reference to Articles I(s) and I(t) of the minute of meeting of this Committee of 21st April, 2008, wherein the above proposal was refused planning permission and listed building consent because the Council considered that the proposal would have a detrimental impact on the character and appearance of the conservation area and on the Category A listed structure to which the antennae and other apparatus would be applied (Policies 60 and 61 of the Dundee Local Plan Review 2005 and Sections 59 and 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997).

It was reported that the decisions were subsequently appealed by the applicant and both appeals had been upheld and granted planning permission and listed building consent with conditions relating to the colour of the antennae and exposed cables, the concealment of the cable routes within the chimney and details of the methods of fixing.

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

There was submitted Report No 3-2009 by the Director of Planning and Transportation advising the Committee of the action taken in dealing with dangerous buildings during November 2009.

The Committee noted the contents of the report.

Roderick A J WALLACE, Convener.