Planning Committee (including Former Development Management And Development Quality) - 18/01/2010

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 18th January, 2010.

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 14th December, 2009 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 09-00427-OUT - FORMER NCR BUILDING, KINGSWAY WEST - ERECTION OF FOODSTORE, CAFE AND PETROL FILLING STATION WITH ASSOCIATED CAR PARKING, LANDSCAPING AND INFRASTRUCTURE INCLUDING ACCESS ROAD - FOR ASDA STORES AND MACDONALD ESTATES GROUP PLC

Councillors Barrie and Keenan declared a non-financial interest in this item, the former by virtue of having previously expressed an opinion on the matter, and the latter by virtue of his employment by a company who sub-contract work from NCR. Both members left the Chamber during discussion of this application.

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 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.

(b) 09-00425-FUL - LAND AT UIST TERRACE, BARRA TERRACE AND GRUINARD TERRACE, MILL O'MAINS - ERECTION OF 64 DWELLINGS - FOR HOME SCOTLAND

Councillors Bidwell and Gordon declared a non-financial interest in this matter by virtue of their membership of the Area Committee of Home Scotland and in Councillor Gordon's case, also by virtue of the fact that a family member had been allocated a house within the first phase of the proposed development. Both members left the Chamber during discussion of this application.

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

(c) 09-00692-FUL - PARKVIEW CAR SALES, CHARLESTON DRIVE - 9 ADDITIONAL CARS PERMITTED FOR SALE AND DISPLAY - FOR PARKVIEW CAR SALES

Councillor Duncan declared a non-financial interest in this application by virtue of having prior knowledge of the matter and left the Chamber during its consideration.

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 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, Councillor Ross, seconded by Lord Provost Letford, moved refusal of the application on the grounds that the proposal was considered contrary to Policy 1 of the Dundee Local Plan 2005 because the development would result in an over-intensification of the use of the site for the sale and display of cars, which was likely to lead to site access and vehicle manoeuvring difficulties to the detriment of the environmental quality and road traffic safety currently enjoyed by local residents. There were no material considerations of sufficient weight which would justify approval of the application contrary to the provisions of the development plan.

As an amendment, the Convener, seconded by Councillor Keenan, moved approval of the application subject to the conditions recommended by the Director of City Development.

On a division, there voted for the motion - Lord Provost Letford, Councillors Fordyce, Hunter and Ross (4); and for the amendment - the Convener, Bailies Sawers, Regan and Scott and Councillors Guild, Barrie, Black, Bowes, Andy Dawson, Lynn, Melville, Keenan, Asif, Bidwell, Ferguson, Gordon, McCready, Hay and Macpherson (19); Councillor Roberts and Depute Lord Provost Borthwick declining to vote as they had been absent during part of consideration of the item - whereupon the amendment was declared carried.

(d) 09-00719-FUL - SITE OF FORMER JACQUES NIGHTCLUB, THE ESPLANADE, BROUGHTY FERRY - VARIATION OF PLANNING APPLICATION FOR 8 FLATS - FOR GL RESIDENTIAL

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.

(e) 09-00740-FUL - FORMER MARYFIELD HOSTEL, 20B MAINS LOAN - ERECTION OF 10 HOUSES WITH ACCESS ROAD - FOR DUNDEE CITY COUNCIL

Councillor Black declared a non-financial interest in this application by virtue of his position as Convener of the Housing, Dundee Contract Services and Environment Services Committee.

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

(f) 09-00739-FUL - LAND AT JUNCTION OF ANGUS STREET AND LIFF ROAD - ERECTION OF TWO DETACHED SINGLE STOREY HOUSES - FOR DUNDEE CITY COUNCIL

Councillor Black declared a non-financial interest in this application by virtue of his position as Convener of the Housing, Dundee Contract Services and Environment Services Committee.

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

(g) 09-00738-FUL - LAND AT MUNRO PLACE AND ETTRICK CRESCENT - ERECTION OF 11 HOUSES FOR DUNDEE CITY COUNCIL

Councillor Black declared a non-financial interest in this application by virtue of his position as Convener of the Housing, Dundee Contract Services and Environment Services Committee.

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

(h) 09-00765-FUL - LAND WEST OF 38 CRAIGHILL COURT - ERECTION OF FENCE AND USE OF GROUND AS GARDEN GROUND - FOR MR AND MRS BRYSON

Councillor Roberts declared a non-financial interest in this item by virtue of having prior knowledge of the matter, having been approached by an objector, and left the Chamber during its consideration.

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 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.

(i) 09-00677-FUL - SOUTH PLATFORM, BROUGHTY FERRY RAILWAY STATION, GRAY STREET, BROUGHTY FERRY - EXTENSION TO AND CHANGE OF USE TO FORM RESTAURANT - FOR NETWORK RAIL

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

(j) 09-00678-LBC - SOUTH PLATFORM, BROUGHTY FERRY RAILWAY STATION, GRAY STREET, BROUGHTY FERRY - EXTENSION TO AND CHANGE OF USE TO FORM RESTAURANT - FOR NETWORK RAIL

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

(k) 09-00715-FUL - LAND TO THE WEST OF SMITH STREET - CHANGE OF USE FROM BUILDERS WORKSHOP, OFFICE AND YARD TO COMMERCIAL GARAGE - FOR BAKER BRADLEY LTD

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

(l) 09-00654-FUL - LAND TO WEST OF 18 FARADAY STREET, DRYBURGH INDUSTRIAL ESTATE - PERMISSION TO CONTINUE USE AS A FAST FOOD CATERING OUTLET - FOR CRAIG O DOLAN

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

II PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN16-2010 advising the Committee of the undernoted planning appeal decisions.

(a) 7A ROSSIE AVENUE, BROUGHTY FERRY - ERECTION OF DOUBLE GARAGE AND GARDEN WALL/FENCE

Reference was made to the decision of the Council on 2nd July, 2009 under powers delegated to the Director of City Development, to refuse planning permission for the above proposal. The Council considered that the proposed wall and fence would contravene Policy 1 of the Local Plan in terms of road safety and its visual impact, that the proposed garage would result in overdevelopment of the plot and insufficient private garden ground contrary to Policy 14 and that the inadequate set back of the garage would result in cars parking in front of it blocking the footway contrary to Policy 1.

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) DALNACRAIG SPORTS GROUND, 102 ARBROATH ROAD - PROVISION OF TWO ALL-WEATHER PITCHES ON EXISTING PLAYING FIELDS

Reference was made to Article I(a) of the minute of meeting of this Committee of 19th June, 2009, wherein the above proposal was refused planning permission contrary to the Director's recommendation. The Council considered that the proposal 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.

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) LAND TO SOUTH OF DIGHTY AND NORTH OF INCHCAPE ROAD, BROUGHTY FERRY - OUTLINE RESIDENTIAL USE

Reference was made to Article I(a) of the minute of meeting of this Committee of 20th April, 2009, wherein the above proposal was refused planning permission because the Council considered that the provision of housing on this unallocated greenfield site was contrary to the Structure Plan and the Local Plan; the development would have an adverse impact on open space, nature conservation and recreation contrary to the Structure Plan and the Local Plan; and the applicant had failed to demonstrate that the development would not lead to flooding problems contrary to the Local Plan.

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.

III DELEGATED APPLICATIONS

There was submitted Agenda Note AN21-2010, advising the Committee that from 22nd November, 2009 to 21st December, 2009, 45 applications had been decided under delegated powers. Seven of these applications had attracted objections, five of which were approved and two of which were refused.

The Committee noted accordingly.

Roderick A J WALLACE, Convener.