Planning Committee (including Former Development Management And Development Quality) - 17/08/2009

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 17th August, 2009.

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 29th June, 2009 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 09-00384-CON - 33 SEAFIELD ROAD - DEMOLITION OF BUILDING - FOR TAYLOR BROTHERS (PROPERTY DEVELOPMENT) 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 approved the application subject to the conditions recommended by the Director of City Development.

(b) 08-00522-FUL - BUS STATION WORKSHOP, SEAGATE - DEMOLITION OF BUS GARAGE WORKSHOPS AND ERECTION OF NEW RESIDENTIAL FLATTED DEVELOPMENT INCLUDING ALL ASSOCIATED INFRASTRUCTURE, LANDSCAPING, OPEN SPACES AND PARKING - FOR HBS McKECHNIE LTD AND STRATHTAY SCOTTISH OMNIBUSES LTD

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) by virtue of scale and massing, Block E will be significantly higher than any other building fronting on to Dock Street; this will have an adverse impact upon the appearance and disrupt the urban fabric of Dock Street which is characterised by buildings with uniform ridge heights and building lines; the proposals are therefore contrary to the requirements of Policy 4 (Design of New Housing) and Policy 55 (Urban Design) of the Dundee Local Plan Review 2005 and there are no other material considerations that would justify laying aside the provisions to grant planning permission;

(ii) the proximity of Blocks A-E to each other as well as neighbouring properties will give rise to significant issues of overlooking and would have a significant impact upon the level of environmental quality afforded to neighbouring properties as well as future residents of the proposed development; the proposals were therefore contrary to the requirements of Policy 1 (Vibrant and Sustainable Communities) and Policy 4 (Design of New Housing) of the Dundee Local Plan Review 2005 and there were no other material considerations that would justify laying aside the provisions of the Development Plan to withhold planning permission; and

(iii) the proposed development in combination with the recently completed flatted development to the west of the application site would be afforded 78 car parking spaces which would serve a total of 105 flats; the level of car parking proposed was inadequate to serve the proposed development; the proposals are therefore contrary to the requirements of Appendix 1 of Policy 4 (Design of New Housing) of the Dundee Local Plan Review 2005 and there are no other material considerations that would justify laying aside the requirements of the Development Plan to grant planning permission.

(c) 09-00352-FUL - 14 TO 16 ARBROATH ROAD - CHANGE OF CONDITION OF PREVIOUS CONSENT TO ALLOW OPERATION UNTIL 11.00 PM - FOR ERDOGAN CEYHAN

Councillors Lynn and Hay declared a non-financial interest in this item by virtue of their previous involvement and withdraw 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 questions from members of the Committee, it was thanked for its attendance and withdrew.

Thereafter, the Committee, having considered objections received, approved the application subject to the conditions recommended by the Director of City Development.

(d) LAND NORTH OF PITKERRO ROAD AND EAST OF LONGHAUGH ROAD - ERECTION OF 21 HOUSES, ACCESS ROAD - LANDSCAPING - FOR TUSKER DEVELOPMENTS

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 agreed to defer consideration of this application to allow further discussions to take place.

(e) 09-00339-FUL - LAND WEST OF RICHMOND TERRACE - NEW DWELLING - FOR MRS S ALLEN

After considering objections received, the Committee approved the application subject to the conditions recommended by the Director of City Development.

(f) 09-00370-FUL - LAND TO WEST OF 18 CAMPHILL ROAD - THREE BEDROOM DETACHED ENERGY CONSERVATION HOUSE

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

(i) the proposal is contrary to Policy 4 of the Dundee Local Plan Review 2005 due to the density of the development, which does not reflect the prevailing densities and the lack of privacy within the garden ground area due to overlooking from surrounding properties; there are no material considerations in these circumstances that would justify a departure from the provisions of the development plan;

(ii) the proposal is contrary to criteria D, E and G of Policy 15 of the Dundee Local Plan Review due to the prevailing densities in the area not being respected, the proposed development projecting beyond the building line of the original house at 18 Camphill Road and the breach in a stone boundary wall along Camphill Road; there are no material considerations in these circumstances that would justify a departure from the development plan; and

(iii) the proposal is contrary to Policy 61 of the Dundee Local Plan Review 2005 and Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 as the density of the development and the breach in a stone wall detract from the character of the conservation area; there are no material considerations in these circumstances that justify a departure from the development plan.

II MILL O MAINS MASTERPLAN

Councillor Gordon declared a non-financial interest in this item by virtue of family members being affected by the proposals.

There was submitted Agenda Note AN162-2009 making reference to Article I of the minute of meeting of the City Development Committee of 1st July, 2009, wherein, inter alia, it was agreed to refer the finalised Draft Masterplan for Mill O'Mains to this Committee as a relevant material planning consideration.

The Committee noted the above.

III PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN163-2009, advising the Committee of the undernoted planning appeal decisions:-

(a) THE BOARS ROCK, 168 ARBROATH ROAD - ERECTION OF MOBILE CANOPY

Reference was made to Article I(t) of the minute of meeting of this Committee of 17th November, 2008, wherein the above proposal was refused planning permission because the Council considered that regardless of the applicant's stated intentions for this structure, the proposal to retain this canopy would encourage patrons to continue to congregate at this location, resulting in increased noise disturbance for local residents, particularly late in the evening, to the detriment of their amenity. For this reason the proposal was contrary to Policy 1 of the adopted Dundee Local Plan Review 2005.

It was reported that the decision was 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 concluded that planning permission was not required.

The Committee noted that, in the circumstances, direct action to remove the canopy would no longer be pursued.

(b) 2 ALBERT ROAD, BROUGHTY FERRY - CONVERSION OF ATTIC SPACE TO FORM LOUNGE, BATHROOM AND PATIO AREA

Reference was made to Article I(g) of the minute of this Committee of 19th January, 2009, 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 the first floor patio area would unacceptably overlook the neighbouring properties (Policy 14(b)); and the appearance of the roof alterations would detract from the streetscape of Albert Road (Policies 14(a) and (d)).

It was reported that the decision was 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) 73 CAMPHILL ROAD, BROUGHTY FERRY - CHANGE OF USE OF A SINGLE DWELLINGHOUSE TO FORM TWO DWELLINGHOUSES

It was reported that an appeal had been submitted under the Town and Country Planning (Scotland) Act 1997 against an Enforcement Notice served by the Council which required the reinstatement of the above mentioned premises to a single dwellinghouse.

The Reporter had upheld the appeal and quashed the Enforcement Notice but had refused to grant planning permission for the development.

(d) 437A KING STREET, BROUGHTY FERRY - S179 AMENITY NOTICE

It was reported that an appeal had been lodged under the Town and Country Planning (Scotland) Act 1997 against an Amenity Notice served by the Council which required the replacement of rotten timber on the building, the painting of the walls and roof and the removal of bushes and shrubs on the site, and the appeal had been dismissed.

Roderick A J WALLACE, Convener.