Planning Committee (including Former Development Management And Development Quality) - 16/11/2009

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

Present:-

BAILIES

COUNCILLORS

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

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

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 09-00348-FUL - JAMES KEILLER BUILDINGS, 32-34 MAINS LOAN - CHANGE OF USE TO RESIDENTIAL AND THE ERECTION OF 131 DWELLINGS - FOR JAMES KEILLER ESTATES LTD

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

After considering objections received, the Committee approved the application subject to the conditions recommended by the Director of City Development and, the additional condition (xi), that prior to the development commencing on site, the footway on the east side of Mains Loan (from the junction with Clepington Road to the junction with the Kingsway) shall be brought up to an adoptable standard, at no cost to the Council, in accordance with details which have been agreed in writing by the Council, in order to ensure there is adequate and safe footway provision for pedestrians.

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

(b)                                       09-00487-FUL - 110-118 BROWN STREET, BROUGHTY FERRY, DUNDEE - ERECTION OF TWO OFFICES AND TWO FLATS - FOR WALTER D WATT & COMPANY LTD

Councillor Guild declared a non-financial interest in this item by virtue of residing in close proximity to the application site, and took no part in the discussion thereof.

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

After considering objections received, the Committee approved the application subject to the conditions recommended by the Director of City Development and, in the circumstances, declined to hear the deputation.

(c) 09-00500-FUL - THE KNOLL, 35 STRATHERN ROAD, BROUGHTY FERRY, DUNDEE - UPPER FLOOR EXTENSION TO NORTHERN ELEVATION - FOR MR JAMAL

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 mentioned 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 refused the application on the grounds that:-

(i) the proposed extension by virtue of scale, massing and design in combination with the existing extensions to the original house is an over-development of the application site. The resulting building will have an overbearing impact upon neighbouring properties surrounding the application site. The proposals are therefore contrary to the requirements of Criteria (a) of Policy 14 (Alterations and Extensions to Houses) of the Dundee Local Plan Review 2005; and

(ii) the proposed extension by virtue of the second floor window design will overlook neighbouring properties to the north of the application site. This will have a detrimental impact upon the level of privacy and consequently the level of amenity afforded to these properties. The proposals are therefore contrary to the requirements of Criteria (b) of Policy 14 (Alterations and Extensions to Houses) of the Dundee Local Plan Review 2005.

(d) 09-00438-FUL - WEST GREEN PARK, ROYAL LIFF HOSPITAL - CHANGE OF HOUSE TYPES ON 47 PLOTS AND SEVEN ADDITIONAL HOUSES (TOTAL 54 PLOTS) - FOR CALA HOMES (NORTH) LTD

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 mentioned 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 City Development.

(e) 09-00580-FUL - 45B PANMURE STREET, BROUGHTY FERRY, DUNDEE - ERECTION OF SUMMER HOUSE IN REAR GARDEN AREA - FOR MR AND MRS YOUNG

The Committee approved the application subject to the conditions recommended by the Director of City Development.

(f) 08-00408-LBC - LAND TO WEST OF CAMPERDOWN LEISURE PARK, DAYTON DRIVE - DEMOLITION OF THREE STOREY BUILDING STRUCTURE REMAINING FROM PREVIOUS PARTIAL DEMOLITION OF FORMER NCR FACTORY - FOR VICO CAMPERDOWN LTD

Bailie Scott and Councillors Duncan and McCready declared an interest in this item by virtue of their appointment as Directors of Dundee Ice Arena Board, which occupied the adjacent site. Councillor Ferguson declared a non-financial interest by virtue of having previously expressed an opinion on the matter.

None of the above mentioned Councillors took part in discussion of the application.

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

II REQUEST FOR DIRECT ACTION, FORMER FYVIES ICE CREAM HUT, BROUGHTY FERRY

There was submitted Report No 566-2009 by the Director of City Development seeking authority to take appropriate action to seek compliance with an Amenity Notice at 437A King Street, Broughty Ferry, Dundee.

The Committee authorised direct action under the terms of Section 135 of the Town and Country Planning (Scotland) Act 1997 to allow the Council to enter onto land and take the necessary steps to comply with the terms of the Amenity Notice, having noted that any expense reasonably incurred by the Council taking such action would be recovered from the landowners.

III PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN230-2009 detailing the undernoted planning appeal decisions:-

(a) 56 SEYMOUR STREET - CONSTRUCTION OF A NEW THREE BEDROOM, 1.5 STOREY DETACHED DWELLINGHOUSE WITH TWO NEW PARKING SPACES IN THE GARDEN GROUND

Reference was made to Article I(b) of the minute of meeting of this Committee of 18th May, 2009, wherein the above proposal was refused planning permission because the Council considered 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.

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) COACH HOUSE, 474 PERTH ROAD - ERECTION OF DWELLINGHOUSE WITHIN GARDEN GROUND OF EXISTING PROPERTY

It was reported that the above planning application had been received by the Council on 17th April, 2009. It had been intended to refuse it under powers delegated to the Director of City Development due to concerns about the failure to respect the low density character of the area and the setting of the West End Suburbs Conservation Area contrary to the requirements of Policies 15(d) and 61 of the Dundee Local Plan Review 2005.

However, prior to a decision being made, the applicant had appealed the non-determination of the application under the provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997 and the appeal had been dismissed.

(c) GARDEN GROUND AT 9 PARK ROAD - ERECTION OF DETACHED DWELLINGHOUSE

Reference was made to the decision of the Council on 3rd April, 2009 under powers delegated to the Director of City Development, to refuse planning permission for the above application, on the grounds that the form and style of the house did not blend in with surrounding properties, that the development provided inadequate garden ground and failed to respect prevailing densities contrary to the requirements of Policies 4 and 15 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.

(d) 209 BROOK STREET, BROUGHTY FERRY - USE OF LAND TO THE FRONT AND REAR OF CAFE NERO AS OUTDOOR SEATING AREA

Reference was made to the decision of the Council on 4th June, 2009 under powers delegated to the Director of City Development, to refuse planning permission. The Council considered that the outdoor seating area to the rear of 209 Brook Street had an adverse impact upon the level of environmental quality afforded to neighbouring flatted dwellings by virtue of loss of privacy, loss of security and noise disturbance contrary to the requirements of Policy 1 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 upheld and planning permission granted subject to a condition restricting hours of operation from 9.00 am to 6.00 pm.

IV DELEGATED APPLICATIONS

There was submitted Agenda Note AN234-2009 reporting for the information of the Committee that in October 2009, 48 applications had been decided under delegated powers. Six of these applications had attracted objections and all of them had been approved.

The Committee noted accordingly.

Roderick A J WALLACE, Convener.