Planning Committee (including Former Development Management And Development Quality) - 18/10/2010

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

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 20th September, 2010 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 309 STRATHMARTINE ROAD - CHANGE OF USE TO MIXED USE OF DWELLING AND CHILDREN'S DAY NURSERY FOR 12 CHILDREN (RETROSPECTIVE) - FOR MRS JANETTE BROWN

The Committee acceded to requests which had been received for deputations to address the Committee both in support of and in relation 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 deferred consideration of the application in order to obtain further information in respect of traffic issues, site history and the Care Commission regulations.

(b) 10-00448-FUL - 11 FREDERICK STREET - RETROSPECTIVE CHANGE OF USE FROM DWELLINGHOUSE TO MIXED USE OF DWELLING AND CHILDREN'S DAY NURSERY FOR 12 CHILDREN - FOR MRS JANETTE BROWN

The Committee acceded to a request which had been received for a deputation to address the Committee in support of the 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 refused the application on the grounds that:-

(i) the proposed development is contrary to Policy 1 - "Vibrant and Sustainable Communities" of the Dundee Local Plan Review 2005 as the use of this semi‑detached house for a mixed use of dwelling and children's day nursery for 12 children fails to comply in respect of parking and traffic movement issues and noise and with other policies in the Plan. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy; and

(ii) the proposed development is contrary to Policy 19 - "Private Day Nurseries" of the Dundee Local Plan Review 2005 as the use fails to comply in respect of lack of off‑street dropping-off spaces. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy.

(c) 10-00499-FUL - THE DOWNFIELD HOTEL, 530 STRATHMARTINE ROAD - ERECTION OF EXTENSION TO SOUTH ELEVATION TO PROVIDE ESCAPE - FOR THE DOWNFIELD HOTEL

Councillor Keenan declared a non-financial interest in this item by virtue of being an occasional patron of the hotel, and left the Chambers during its consideration.

The Committee acceded to requests which had been received for deputations to address the Committee both in support of and in relation 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.

(d) 10-00523-FUL - THE DOWNFIELD HOTEL, 530 STRATHMARTINE ROAD - RETROSPECTIVE ERECTION OF DECKING AND FENCE TO NORTH ELEVATION ‑ FOR THE DOWNFIELD HOTEL

Councillor Keenan declared a non-financial interest in this item by virtue of being an occasional patron of the hotel, and left the Chambers during its consideration.

The Committee acceded to requests which had been received for deputations to address the Committee both in support of and in relation 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 Hunter, seconded by Depute Lord Provost Borthwick, moved refusal of the application on the grounds that the retention of this area of decking would contravene Policies 1 and 53 of the Dundee Local Plan Review 2005 as the area is in close proximity to existing housing and the use of this area adversely affects the amenities of these neighbours by reason of noise and disturbance. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the Development Plan.

The Convener, seconded by Councillor Black, moved approval of the application subject to the conditions recommended by the Director of City Development.

On a division, there voted for the motion - Depute Lord Provost Borthwick, Bailies Sawers and Scott, and Councillors Duncan, Fordyce, Hunter, Roberts, Asif, Hay, Macpherson and Dick (11); and for the amendment - the Convener, Lord Provost Letford, Councillors Guild, Barrie, Black, Bowes, Andy Dawson, Will Dawson, Lynn, Bidwell, Ferguson, Gordon and McCready (13); Councillor Keenan being absent when the vote was taken - whereupon the amendment was declared carried.

(e) GARDEN GROUND TO WEST OF 432 BLACKNESS ROAD - ERECTION OF DETACHED HOUSE IN GARDEN GROUND - FOR MR AND MRS A STEWART

This application was withdrawn.

(f) GARDEN GROUND TO WEST OF 432 BLACKNESS ROAD - DEMOLITION OF GARAGE AND CAR PORT AND ERECTION OF DETACHED HOUSE IN GARDEN GROUND - FOR MR AND MRS A STEWART

This application was withdrawn.

(g) 10-00527-FUL - 137A BROUGHTY FERRY ROAD - DEMOLITION OF FORMER GARAGE, ERECTION OF RESTAURANT AND FORMATION OF CAR PARK - FOR MR CHAN

The Committee acceded to requests which had been received for deputations to address the Committee both in support of and in relation 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.

II PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN125-2010 advising of the undernoted Planning Appeal decisions:-

(a) 44 GRAY STREET, LOCHEE, DUNDEE - S42 APPLICATION TO VARY CONDITION 1 OF PERMISSION 08-00124-FUL TO EXTEND THE TIME PERIOD TO IMPLEMENT THE CONSENT UNTIL 30TH JUNE, 2012

Reference was made to Article I(a) of the minute of meeting of the Development Quality Committee of 17th May, 2010, wherein the above proposal was refused planning permission.

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 granted planning permission with a condition requiring the development to commence before 30th September, 2012.

(b) 11 FREDERICK STREET, DUNDEE - CHANGE OF USE TO A MIXED USE FAMILY DWELLINGHOUSE AND CHILDREN'S NURSERY FOR UP TO 12 CHILDREN

It was reported that four similar appeals had been lodged under Section 182 of the Town and Country Planning (Scotland) Act 1997 against Enforcement Notices served by the Council which required the owners and operators to reduce the number of children being looked after at the dwelling to six.

It was reported that the Reporter had dismissed the ground of appeal that the steps required by the Notice exceeded that which were necessary to remedy the breach of planning control or any injury to amenity caused by the breach but had upheld the ground of appeal relating to the period for compliance and replaced the 90 days suggested by the Council with a period of six months.

III DELEGATED APPLICATIONS

There was submitted Agenda Note AN126-2010 advising that from 22nd August, 2010 to 21st September, 2010, 52 applications were decided under delegated powers. Six of these applications had attracted objections, five had been approved and one refused.

The Committee noted accordingly.

Roderick A J WALLACE, Chairman.