Planning Committee (including Former Development Management And Development Quality) - 29/06/2009

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 29th June, 2009.

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 18th May, 2009 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 08-00791-FUL - DALNACRAIG SPORTS GROUND, 102 ARBROATH ROAD - PROVISION OF TWO ALL WEATHER PITCHES ON EXISTING PLAYING FIELDS WITH FENCING, FLOODLIGHTING AND PARKING, AND PROVISION OF A PEDESTRIAN CROSSING - FOR HIGH SCHOOL OF DUNDEE

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, Councillor Keenan, seconded by Councillor Lynn, moved refusal of the application on the grounds that the proposed development was contrary to Policy 1 of the Dundee Local Plan due to the effect on the environmental quality enjoyed by local residents by virtue of design, layout parking and traffic movement, noise and smell.

As an amendment, the Convener, seconded by Councillor Duncan, moved approval of the application subject to the conditions recommended by the Director of Planning and Transportation, together with the additional condition (vi) that prior to the commencement of work on-site, details of the proposed replacement gates would be submitted to this Department for written approval and thereafter, the approved gates should be erected in accordance with the stamped approved plans. For the avoidance of doubt, the proposed gates should reflect the scale and design of the original gates bounding the existing vehicular access to Dalnacraig, in the interests of safeguarding the visual amenity of Arbroath Road.

On a division, there voted for the motion - Bailies Sawers, Regan and Wright and Councillors Barrie, Bowes, Andy Dawson, Hunter, Lynn, Roberts, Ross, Keenan, Asif, Bidwell, Ferguson, McCready, Macpherson and Dick (17); and for the amendment - the Convener, Bailie Scott and Councillors Black, Will Dawson, Duncan and Gordon (6) - whereupon the motion was declared carried.

(b) 09-00159-FUL LAND NORTH OF A92, EAST OF LINLATHEN LANE, WEST OF BALMOSSIE BRIDGE, ARBROATH ROAD, BROUGHTY FERRY - ERECTION OF 86 RESIDENTIAL UNITS WITH ASSOCIATED ROADS, FOOTPATHS, GARAGES AND PARKING ON CONSENTED RESIDENTIAL SITES - FOR MILLER HOMES LTD

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

(c) 5 THE ESPLANADE, BROUGHTY FERRY - ALTERATIONS TO EXISTING HOUSE TO FORM TWO FLATS FROM EXISTING BED-SITS - FOR JUNE DUNCAN

This application was withdrawn.

(d) 5 THE ESPLANADE, BROUGHTY FERRY - ERECTION OF DWELLINGHOUSE IN GARDEN GROUND - FOR JUNE DUNCAN

This application was withdrawn.

(e) BALLUMBIE ESTATE, PHASE 6A, BERWICK DRIVE - ERECTION OF HOUSES - FOR D J LAING HOMES LTD

This application was withdrawn.

(f) 09-00180-FUL - LAND SOUTH OF BEECHWOOD PARK, KING'S CROSS ROAD - ERECTION OF RESIDENTIAL CARE FACILITIES COMPRISING OF 21 ASSISTED FLATS, ONE TWIN ROOM, 91 SINGLE ROOMS WITH ANCILLARY FACILITIES, ACCESS AND PARKING - FOR EXECUTIVE CARE GROUP

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

(g) 09-00130-FUL - LAND NORTH OF KIRKCONNEL TERRACE/SOUTH OF SUMMERFIELD AVENUE - ERECTION OF 30 RESIDENTIAL UNITS, INCLUDING FIVE NON-MAINSTREAM FLATS WITH ONE ASSOCIATED CARER'S RESIDENCE - FOR HOME IN SCOTLAND

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

II ARMISTEAD HOUSE - SITE PLANNING BRIEF

There was submitted Agenda Note AN149-2009, making reference to Article III of the minute of meeting of the City Development Committee of 8th June, 2009, wherein inter alia it was agreed to refer the final Site Planning Brief for Armistead House to this Committee as a relevant material planning consideration.

The Committee noted accordingly.

III PERFORMANCE INDICATORS FOR DEVELOPMENT QUALITY 2008/2009

There was submitted Report No 344-2009 by the Director of Planning and Transportation outlining aspects of Development Quality performance for the year 2008/2009 in relation to Scottish Government targets and Key Performance Indicators from the Planning and Transport Service Plan 2007/2011.

The Committee agreed to:-

(a) note the significant improvement in performance of the Development Quality service in that Service Plan targets were achieved or exceeded in many cases whilst acknowledging that a major factor in this improvement related to the fall in the number of applications received;

(b) reaffirm the approach to quality of planning decision making as its predominant requirement, while at the same time seeking the adoption of any measures which will increase the speed of decisions whilst otherwise further improving the standard of service to customers and the service; and

(c) acknowledge the major challenge which the Development Quality service faces in the future in maintaining levels of performance in the face of the issues raised in the report and, in particular, the present and projected increase in the complexity of the development management process as introduced by the Planning etc (Scotland) Act 2006.

IV PLANNING APPEALS PERFORMANCE 2008/2009

There was submitted Report No 349-2009 by the Director of Planning and Transportation advising the Committee of the Council's planning appeals performance for the year 2008/2009.

The Committee noted the contents of the report.

V PLANNING ENFORCEMENT AND TREE PROTECTION PERFORMANCE 2008/2009

There was submitted Report No 350-2009 by the Director of Planning and Transportation advising the Committee of the nature and extent of planning enforcement activity for the year 2008/2009, together with information for the same period on tree preservation work in compliance with the Service Standard indicated at paragraph 2.4 of the Council's Enforcement Charter 2007.

The Committee noted the contents of the report and reaffirmed its approach to planning enforcement and tree preservation.

VI PROPOSED WIND TURBINES AT PORT OF DUNDEE, STANNERGATE

There was submitted Agenda Note AN140-2009, advising that on 24th March, 2009, Atmos Consulting, on behalf of Forth Energy had made a formal request to the Council for a Screening Opinion under the terms of Regulation 5 of Environmental Impact Assessment (Scotland) Regulations 1999, as amended. Forth Energy were proposing a development of three wind turbines each with the capacity of 2-2.5MW and a maximum tip height of 135m.

Atmos Consulting had submitted a report on the proposals in order to assist the Council in the formation of their Screening Opinion.

The report indicated that Forth Ports were seeking to attract new renewable energy companies to the City to form a centre for wind energy manufacturing and that the proposed development would provide a centre for research and development as well as being a provider of green power for the manufacturer. The report noted the nature conservation designations in the Tay Estuary immediately adjacent to the site but concluded that the development would not have a significant impact on these designations.

This request for a screening opinion has 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.

Scottish Natural Heritage have been consulted about this development. In their response, they set out the various issues that need to be addressed by any future application to construct the proposed wind turbines but left it to the Council to decide whether a formal Environmental Impact Assessment is required.

On the basis of the information submitted, the Council considered that the proposal was not likely to give rise to significant environmental effects. However, any planning application for this development would need to provide a substantial amount of information to indicate how the nature conservation interests immediately adjacent to the site would not be adversely affected, and, in particular, the issue of bird ecology needs to be addressed in sufficient detail. On this basis, it is concluded that the submission of a formal environmental statement was not required in this case. The Environmental Assessment Regulations provide that if the party making the request for the screening opinion is not satisfied, they may seek a direction from the Scottish Government. Such a direction may support or alter the local authority's opinion.

The Committee agreed to remit to the Director of Planning and Transportation to issue a screening opinion to Atmos Consulting in the above terms based on the Director's assessment of the proposals.

VII PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN141-2009, advising of the undernoted planning appeal decisions:-

(a) 32 REFORM STREET - CHANGE OF USE FROM AMUSEMENT ARCADE TO CLASS 2 (LICENSED BETTING OFFICE)

Reference was made to Article I(f) of the minute of meeting of this Committee of 16th February, 2009, wherein the above proposal was refused planning permission on the grounds that the change of use did not comply with Policy 34 of the Local Plan which encourages retailing at this part of the City Centre.

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) 107 HIGH STREET, LOCHEE - CHANGE OF USE FROM A VACANT CLASS 1 RETAIL UNIT TO A CLASS 2 BETTING OFFICE

Reference was made to Article I(n) of the minute of meeting of this Committee of 17th November, 2008, wherein the above proposal was refused planning permission on the grounds that the change of use would result in the loss of a large retail unit within the core frontage of Lochee District Centre which is required to support the regeneration aspirations of the Lochee Physical Regeneration and that the proposal would be detrimental to the vitality and viability of the District Centre.

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.

Roderick A J WALLACE, Convener.