Planning Committee (including Former Development Management And Development Quality) - 16/02/2009

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 16th February, 2009.

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 19th January, 2009 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 08-00830-COU - 1 PITKERRO ROAD - CHANGE OF USE TO A COMMUNITY FACILITY TO HOLD DAY SURGERIES BY LOCAL AGENCIES AND FOR USE AS AN EVENING YOUTH FACILITY - FOR MR NEIL ELLIS

Councillor Fordyce declared a non-financial interest in this item by virtue of having previously expressed her support for this proposal.

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.

(b) 08-00863-FUL - THE GLASS PAVILION, THE ESPLANADE - EXTENSION AND REFURBISHMENT OF EXISTING RESTAURANT AND GROUND FLOOR, ERECTION OF TWO NEW STOREYS OF RESIDENTIAL ACCOMMODATION ABOVE CONSISTING OF FOUR HOLIDAY LET APARTMENTS AT FIRST FLOOR AND TWO HOLIDAY LET APARTMENTS AT SECOND FLOOR LEVEL - FOR KENNY NICOLL

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.

(c) 08-00864-LBC - THE GLASS PAVILION, THE ESPLANADE - EXTENSION AND REFURBISHMENT OF EXISTING RESTAURANT AND GROUND FLOOR, ERECTION OF TWO NEW STOREYS OF RESIDENTIAL ACCOMMODATION ABOVE CONSISTING OF FOUR HOLIDAY LET APARTMENTS AT FIRST FLOOR AND TWO HOLIDAY LET APARTMENTS AT SECOND FLOOR LEVEL - FOR KENNY NICOLL

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.

(d) 08-00872-FUL - 5 MARCHFIELD ROAD - RETROSPECTIVE APPLICATION FOR CHANGES TO PREVIOUS PERMISSION, INCLUDING CHANGES TO WINDOW CONFIGURATION AND SIZE AND LOCATION OF EXTENSION - FOR R JOHNSTON

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.

(e) 08-00883-FUL - LOCK UPS, CHURCHILL PLACE, BROUGHTY FERRY - ERECTION OF BOUNDARY WALL AND ACCESS GATES - FOR MR M FERRIER

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.

(f) 08-00825-COU - 32 REFORM STREET - CHANGE OF USE FROM AMUSEMENT ARCADE TO CLASS 2 RETAIL (LICENSED BETTING OFFICE) - FOR GALA CORAL GROUP

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 the proposed change of use is contrary to Policy 34 of the Dundee Local Plan Review 2005 as the use would be an unacceptable Class 2 use in the City Centre Retail Core. There are no material considerations of sufficient strength to support the granting of planning permission contrary to that policy.

(g) 08-00824-FUL - THE COACH HOUSE, 474 PERTH ROAD - CONVERSION OF STABLES INTO DWELLINGHOUSE, DEMOLITION WORKS AND WORKS TO TREE - FOR ST HELENS TRUST

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

(h) 08-00839-FUL - LAND OPPOSITE CARSEVIEW GARDENS ON GLAMIS ROAD - PROPOSED INSTALLATION OF 14.2M HIGH TELEGRAPH POLE TYPE COMMUNICATIONS STRUCTURE, THREE 3G ANTENNAS WITHIN GRP SHROUD, ASSOCIATED EQUIPMENT CABINET, ELECTRICAL MAINS PILLAR AND ANCILLARY DEVELOPMENT - FOR VODAFONE LTD

After considering objections received, Councillor Macpherson, seconded by Councillor Hay, 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 proposed mast will have an adverse impact on the environmental quality enjoyed by local residents by virtue of its inappropriate design. There are no material considerations of sufficient weight 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 character of the West End Suburbs Conservation Area by virtue of the inappropriate size, design, location and appearance of the mast. There are no material considerations of sufficient weight 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 and fully demonstrate that mast share is not a feasible proposition. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy; and

(iv) the proposed development is contrary to Policy 2 "Residential Areas" of Dundee City Council's 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.

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 - Depute Lord Provost Borthwick, Bailie Wright and Councillors McCready, Macpherson, Barrie, Andy Dawson, Duncan, Hunter, Roberts and Hay (10); and for the amendment - the Convener, Lord Provost Letford, Bailie Scott and Councillors Keenan, Asif, Bidwell, Ferguson, Gordon, Guild, Black, Bowes, Will Dawson, Fordyce and Lynn (14) - whereupon the amendment was declared carried.

(i) 08-00859-FUL - 23 SEAFIELD ROAD, BROUGHTY FERRY - FORMATION OF ENTRANCE GATE IN NORTH BOUNDARY WALL AND PATH TO HOUSE - FOR M LINTON

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

(j) 08-00860-LBC - 23 SEAFIELD ROAD, BROUGHTY FERRY - FORMATION OF ENTRANCE GATE IN NORTH BOUNDARY WALL AND PATH TO HOUSE - FOR M LINTON

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

(k) 08-00861-FUL - 23 SEAFIELD ROAD, BROUGHTY FERRY - SUBSTITUTION OF MATERIAL ON CONSERVATORY ROOF FROM GLAZED ROOF TO SLATE ROOF - FOR M LINTON

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

(l) 08-00862-LBC - 23 SEAFIELD ROAD, BROUGHTY FERRY - SUBSTITUTION OF MATERIAL ON CONSERVATORY ROOF FROM GLAZED ROOF TO SLATE ROOF - FOR M LINTON

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

(m) 08-00868-FUL - 23 SEAFIELD ROAD, BROUGHTY FERRY - INSTALLATION OF SOLAR PANELS ON GARAGE ROOF - FOR M LINTON

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

(n) 09-00003-COU - DOWNFIELD PRIMARY SCHOOL, EAST SCHOOL ROAD - CHANGE OF USE FROM PRIMARY SCHOOL TO CLASS 4 OFFICE USE, INCLUDING MINOR EXTERNAL REPAIR WORK AND ASSOCIATED WORKS FOR CAR PARKING AND SECURE CYCLE RACKING - FOR ECONOMIC DEVELOPMENT DEPARTMENT, DUNDEE CITY COUNCIL

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

(o) 08-00857-FUL - LAND WEST RERESMOUNT PLACE, BROUGHTY FERRY - ERECTION OF HARD LANDSCAPED AREAS - FOR MR B CRUICKSHANK

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

(p) 09-00018-FUL - 11 ALFORD GARDENS, BROUGHTY FERRY - ERECTION OF TWO STOREY EXTENSION TO NORTH ELEVATION - FOR MR HABIB CHOWDHURY

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

II HOUSEHOLDER PERMITTED DEVELOPMENT RIGHTS

There was submitted Report No 40-2009 by the Director of Planning and Transportation seeking to confirm the views of the Council in response to the consultation paper Householder Permitted Development Rights issued by the Scottish Government on 3rd December, 2008.

The Committee approved the report as the Councils formal response to the consultation paper and authorised the Director of Planning and Transportation to issue the formal response to the Scottish Government by 13th March, 2009.

III PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN40-2009 advising the Committee of the undernoted planning appeal decisions:-

(a) BALGAY BOWLING CLUB, MELVILLE TERRACE - REPLACEMENT OF 8M FLAGPOLE WITH 14.2M HIGH TELECOM FLAGPOLE-LIKE STRUCTURE SUPPORTING THREE 3G ANTENNAE AND GROUND BASED EQUIPMENT CABINETS AND ANCILLARY DEVELOPMENT

Reference was made to Article I(d) 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 likely to adversely impact on the environmental qualities enjoyed by local residents; the proposal would fail to preserve or enhance the conservation area; the applicants had failed to demonstrate mast share or the viability of other options; and there was a general presumption against the siting of free standing masts in residential areas or conservation areas.

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.

(b) BATHING SHELTER, THE ESPLANADE, BROUGHTY FERRY - DEMOLITION OF EXISTING BATHING STATION AND ERECTION OF A SINGLE STOREY RESTAURANT, KIOSK AND FIRST AID ROOM

Reference was made to Article I(b) and (c) of the minute of meeting of this Committee of 18th August, 2008, wherein the above proposal was refused both planning permission and conservation area consent because the Council considered that the proposal contravened Policies 1, 53 and 55 of the Dundee Local Plan Review 2005 because of its proximity to housing and the adverse impact of its design, the inadequacy of parking and the likely late night noise disturbance; would have a detrimental impact on the character and appearance of the conservation area because of its poor design in relation to nearby listed buildings; and lacked the design quality required to justify the grant of conservation area consent contrary to Policy 62 of the Dundee Local Plan Review 2005.

It was reported that both decisions 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.

(c) 1 - 3 BRACKENBRAE, BROUGHTY FERRY, DUNDEE, DD5 1RX - PLATFORM IN TREE FOR CHILDRENS ZIP WIRE IN GARDEN AND WALKWAY TO INCLUDE TREE HOUSE (RETROSPECTIVE)

Reference was made to Article II(j) of the minute of meeting of this Committee of 15th September, 2008, wherein the above proposal was refused planning permission because the Council considered that the proposal would result 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.

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 the Reporter had dismissed that part of the appeal relating to the tree house and its associated platform and access structure, but upheld that part of the appeal relating to the zip wire and its related platform, granting planning permission for these elements only.

Roderick A J WALLACE, Convener.