Planning Committee (including Former Development Management And Development Quality) - 18/05/2009

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 18th May, 2009.

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 20th April, 2009 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 09-00154-FUL - PETERSON HOUSE, 25 ROSEANGLE - REFURBISHMENT OF FORMER STUDENT RESIDENCES INTO RESIDENTIAL FLATS, PARTIAL DEMOLITION AND THE FORMATION OF A CAR PARK - FOR MR M HAGAN, PETER INGLIS ARCHITECTS

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) 09-00125-FUL - 56 SEYMOUR STREET - CONSTRUCTION OF NEW THREE BEDROOM, 1.5 STOREY DETACHED DWELLINGHOUSE WITH TWO NEW PARKING SPACES IN GARDEN GROUND - FOR RUSSELL MURRAY

Councillor McCready declared a financial interest in this item by virtue of living in the vicinity of the proposed development, and left the Chamber during its consideration.

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 has 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 development would result in a poor standard of amenity for both the proposed dwelling and the existing dwelling by virtue of the mitigation measures necessary to avoid overlooking and access problems associated with a new dwelling in this location.

(c) 09-00098-FUL - 14 TO 16 ARBROATH ROAD - FORMATION OF DOORWAY IN REAR ELEVATION - FOR E CEYHAN

Councillor Lynn declared a non-financial interest in this item by virtue of having prior involvement with the proposed development and left the Chamber during its consideration.

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 question 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.

(d) 09-00152-FUL - EAST WHALE LANE CAR PARK, EAST MARKETGAIT - ERECTION OF 50M LEISURE POOL AND ASSOCIATED FACILITIES, MULTI-STOREY CAR PARK AND GROUND FLOOR RETAIL UNIT - FOR DUNDEE CITY COUNCIL

Bailie Wallace and Councillors Duncan, Hunter and McCready declared a non-financial interest in this item by virtue of their membership of Dundee Leisure Trust.

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

(e) 09-00193-FUL - WILDLIFE CENTRE, CAMPERDOWN PARK - DEMOLITION OF EXISTING ENTRANCE BUILDING FOR A NEW WILDLIFE VISITOR CENTRE, INCLUDING EDUCATION SUITE, SHOP AND CAFE/RESTAURANT - FOR DUNDEE CITY COUNCIL

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

(f) 08-00488-FUL - LAND TO WEST OF LOGAN TERRACE - PROPOSED RESIDENTIAL DEVELOPMENT COMPRISING 39 DWELLINGS AND ASSOCIATED ENGINEERING OPERATIONS - FOR GLADEDALE (CENTRAL SCOTLAND) LTD

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

(g) 08-00480-FUL - 95 SEAGATE - CONVERSIONS AND EXTENSIONS TO EXISTING BUILDING TO FORM 17 RESIDENTIAL APARTMENTS - FOR SEAGATE ESTATES LTD

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

(h) 08-00482-LBC - 95 SEAGATE - CONVERSIONS AND EXTENSIONS TO EXISTING BUILDING TO FORM 17 RESIDENTIAL APARTMENTS - FOR SEAGATE ESTATES LTD

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

(i) 08-00882-COU - FORMER BP GARAGE, KINGSWAY WEST - CHANGE OF USE FROM SERVICE STATION TO HAND CAR WASH - FOR SQUAREWRIGHT LTD

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

(j) 09-00099-COU - 162 NETHERGATE - CHANGE OF USE TO FORM BAR/RESTAURANT - FOR NETHERGATE LTD

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

(k) 09-00100-LBC - 162 NETHERGATE - ALTERATION TO FORM BAR/RESTAURANT - FOR NETHERGATE LTD

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

(l) 09-00115-FUL - 18 ABERTAY STREET - ERECTION OF DECORATIVE GARDEN TRELLISING ALONG EASTERN AND WESTERN BOUNDARIES - FOR ANDREW S MCINROY

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

(m) 09-00128-COU - BALGOWAN, 510 PERTH ROAD - PARTIAL CHANGE OF USE FROM FLAT TO BED AND BREAKFAST ACCOMMODATION

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

II MID-CRAIGIE SCHOOL - SITE PLANNING BRIEF

There was submitted Agenda Note AN123-2009, making reference to Article V of the minute of meeting of the City Development Committee of 27th April, 2009 wherein, inter alia, the Committee agreed to refer the above mentioned site planning brief to this Committee as a material planning consideration.

The Committee noted accordingly.

III LAWSIDE ACADEMY - SITE PLANNING BRIEF

There was submitted Agenda Note AN124-2009, making reference to Article VI of the minute of meeting of the City Development Committee of 27th April, 2009 wherein, inter alia, the Committee agreed to refer the above mentioned site planning brief to this Committee as a material planning consideration.

The Committee noted accordingly.

IV REQUEST FOR DIRECT ACTION TO REMOVE UNAUTHORISED SHELTER FROM THE REAR OF A PUBLIC HOUSE

Councillor Melville declared a non-financial interest in this item by virtue of having prior involvement with the proposed development and left the Chamber during its consideration.

There was submitted Report No 217-2009, seeking authority to take appropriate action to seek compliance with an Enforcement Notice at Boars Rock, 168 Arbroath Road, Dundee.

The Committee authorised direct action under the terms of Section 135 of the Town and Country Planning (Scotland) Act 1987 to allow the Council to enter onto land and take the necessary steps to comply with the terms of the Enforcement Notice, having noted that any expense reasonably incurred by the Council taking such action would be recovered from the landowners.

V PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN122-2009 advising of the undernoted Planning Appeal decisions:-

(a) 330 KING STREET, BROUGHTY FERRY - ATTIC CONVERSION TO PROVIDE TWO BEDROOMS AND SHOWER ROOM

Reference was made to the decision of the Council on 12th January, 2009, under powers delegated to the Director of Planning and Transportation, to refuse planning permission in respect of the above proposed development because the Council considered that the proposal was contrary to the provisions of Policy 61 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, and had been dismissed.

(b) RAILWAY LAND BETWEEN 7 AND 9 AMERICANMUIR ROAD - ERECTION OF TWO NEW HOUSES WITH INTEGRAL GARAGES AND ASSOCIATED PRIVATE ACCESS ROADS

Reference was made to Article III(s) 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 was contrary to the provisions of the Dundee Local Plan Review 2005 in that it failed to respect the prevailing low density of development in the surrounding area and to provide suitable private garden ground for the southmost house (Policy 4); and the design was inappropriate in scale, height and massing and the development failed to respect the prevailing low density of development (Policy 15).

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) 56 WILLIAM FITZGERALD WAY - CHANGE OF USE FROM RETAIL USE TO DAYCARE NURSERY

Reference was made to the decision of the Council on 10th November, 2008, under powers delegated to the Director of Planning and Transportation, to refuse planning permission because the Council considered that the proposal provided inadequate outdoor play space contrary to Policy 19 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, and the appeal had been upheld.

(d) 38H SEAFIELD ROAD - CHANGE OF USE FROM ONE FLAT TO TWO FLATS

Reference was made to the decision of the Council on 14th August, 2008 under powers delegated to the Director of Planning and Transportation, to refuse planning permission because the Council considered that the proposal for the provision of flats below the minimum floor area of 60m2 was contrary to Policy 4 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, and the appeal had been upheld.

Roderick A J WALLACE, Convener.