Planning Committee (including Former Development Management And Development Quality) - 13/12/2010

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 13th December, 2010.

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 15th November, 2010 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 10-00226-FULL - THE COUNTING HOUSE, 67-71 REFORM STREET - PROPOSED PAVEMENT CAFE FOR MEADOWSIDE FOR THE USE OF CUSTOMERS OF PUBLIC HOUSE, THE USE OF PAVEMENT FOR TABLES, CHAIRS AND PROVISION OF DEMOUNTABLE BANNERS AND STEEL POSTS - FOR MR CHRIS FERRIDAY, J D WETHERSPOON PLC

Councillor Ross declared a non-financial interest in the above application by virtue of the applicant being a friend and former colleague, and left the chamber during its consideration.

Councillor Black, seconded by Councillor Macpherson, moved approval of the application subject to the conditions that (i) the hours of operation of the pavement cafe hereby approved shall be as follows - September to June, open 11.00 am Monday to Saturday and 12.30 pm Sundays, closing at 8.00pm. July and August, open 11.00 am Monday to Saturday and 12.30 pm on Sundays, closing at 9.00 pm and (ii) during the use of the pavement cafe, the seating area shall be surrounded at all times by the barriers hereby granted permission. In addition, the cafe area shall be delineated by surface/flat permanent marker pins or equivalent in the footway in accordance with details that have been agreed in writing with the planning authority prior to the commencement of use of the cafe; in order to protect the amenities of the nearby residential occupiers and in the interests of public safety and to clearly demark the seating areas.

As an amendment, the Convener, seconded by Councillor Bowes, moved refusal of the application on the grounds that the proposed pavement cafe would be detrimental to the amenities of the occupiers of the proposed upper floor flats in terms of noise and disturbance due to the size, location and unrestricted nature of the pavement cafe being proposed. There are no material considerations that would support a decision contrary to this.

On a division, there voted for the motion - Lord Provost Letford, Bailie Sawers, Regan and Wright and Councillors Barrie, Black, Andy Dawson, Will Dawson, Duncan, Fordyce, Hunter, Lynn, Melville, Keenan, Asif, Gordon, Macpherson and Dick (18); and for the amendment - the Convener, Depute Lord Provost Borthwick, Bailie Scott and Councillors Guild, Bowes, Roberts, Bidwell, Ferguson, McCready and Hay (10); Councillor Ross being absent when the vote was taken - whereupon the motion was declared carried.

(b) 10-00332-FULL - LAND SOUTH OF RIVERSIDE AVENUE - ERECTION OF 102 BEDROOM HOTEL WITH RESTAURANT - FORMATION OF ASSOCIATED CAR PARKING AND LANDSCAPING

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, Councillor Barrie, seconded by Councillor Duncan, moved approval of the application subject to the conditions that (i) the development hereby permitted shall be commenced within five years from the date of this permission; (ii) samples of the finishing materials proposed to be used shall be submitted to the Council for approval and, if approved, the development shall be carried out only in accordance with such approved samples; (iii) the development shall be carried out only in strict conformity with the details shown on the approved plans; (iv) a detailed landscape scheme, including a tree survey, shall be submitted to the Council for written approval prior to the commencement of development and, if approved, the proposed development shall be carried out only in full accordance with such approved details; (v) prior to the commencement of the development, details of secure cycle parking and wet changing facilities shall be submitted to and approved in writing by the planning authority. For the avoidance of doubt, these facilities shall be operational prior to the first use of the building; (vi) the hotel and any associated masts, street lighting, or other installations, shall not exceed the height of protected surfaces by Dundee Airport; (vii) if so required by Dundee Airport, the developer shall provide and maintain in perpetuity, a red aircraft warning lamp to airport specification located at an agreed high point on the hotel; (viii) the south and east facing elevations of the hotel shall be so designed as to avoid the distortion of reflection of radio navigation signals transmitted by Dundee Airport; (ix) any floodlighting and illuminated signs shall avoid the bright illumination of external surfaces, shall not allow any light sources to be visible above the horizontal plane. No light source shall flash or be coloured green; (x) all bins and especially all food waste bins shall be wholly enclosed and actively managed to ensure that they do not attract birds; (xi) all built facilities, masts, columns and parked vehicles shall be at least two metres away from the airport security fence to ensure that they do not compromise that security fence; (xii) the operators of the hotel shall not undertake promotions or activities involving the release of balloons, the use of tethered blimps or firework displays; and (xiii) all use of cranes during the construction of the hotel shall be subject to prior consultation with Airport Air Traffic Control staff and carried out only with the agreement and with suitable direct communications available between Air Traffic Control and the crane operator in order to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997, to ensure that the proposed development has a satisfactory external appearance, in the interests of the visual amenities of the area, to ensure that the building maintains a quality of design that is appropriate for the site and the surrounding area to ensure a satisfactory standard of appearance of development, in the interests of the visual amenities of the area, to ensure that appropriate associated facilities for cyclists are made available for both staff members and visitors to the hotel and restaurant, in the interests of air traffic safety and in the interests of security of the airport.

As an amendment, the Convener, seconded by Councillor Macpherson, moved refusal of the application on the grounds that (i) the applicants have not fully demonstrated that a sequential approach has been applied to the site selection for this facility and, as a consequence, the proposals are considered to be contrary to the requirements of Structure Plan Town Centres and Retailing Policies 3 and 5 by virtue of the potential adverse impact the proposals would have on the vitality and viability of the city centre. There are no material considerations that would justify the approval of this application contrary to these policies; (ii) the applicants have not fully demonstrated that a sequential approach has been applied to the site selection for this facility and, as a consequence, the proposals are considered to be contrary to Policies 20 and 46 of the Dundee Local Plan Review 2005 by virtue of the potential adverse impact the proposals would have on the vitality and viability of the city centre.

There are no material considerations that would justify the approval of this application contrary to these policies; (iii) the use of the site for purposes outwith Classes 4, 5 and 6 of the Use Classes Order 1997 in this identified Principal Economic Development Area would be contrary to the requirements of Policies 21 and 24 of the Dundee Local Plan Review 2005. It is further considered that the proposal does not qualify as an appropriate ancillary service use within this area and consequently, is contrary to Policy 27 of the Local Plan Review. There are no material considerations that would justify the approval of this application contrary to these policies; and (iv) by virtue of scale and massing the proposed hotel building shall overdevelop the application site providing the hotel with a low level of environmental quality and amenity given the proximity of the site to neighbouring commercial/industrial land uses, the commercial airport and Riverside Avenue. The proposals fail to adhere to the requirements of Policy 55 (Urban Design) of the Dundee Local Plan Review 2005. There are no other material considerations that would justify approval of planning permission contrary to the Development Plan.

On a division, there voted for the motion - Lord Provost Letford, Depute Lord Provost Borthwick, Bailies Sawers and Wright and Councillors Barrie, Black, Andy Dawson, Will Dawson, Duncan, Fordyce, Hunter, Ross and Asif (13); and for the amendment - the Convener, Bailies Regan, Scott and Councillors Guild, Bowes, Lynn, Melville, Roberts, Keenan, Bidwell, Ferguson, Gordon, McCready, Hay, Macpherson and Dick (16) - whereupon the amendment was declared carried.

(c) 10-00532-FULL - 3 DAVIDSON STREET, BROUGHTY FERRY - ERECTION OF GATES TO DAVIDSON STREET AND ERECTION OF FENCE AND GATE TO BALLINARD GARDENS, REPAIRS AND RELOCATION OF DRIVEWAY TO DWELLING WITH INFILLING OF PART OF EXISTING DRIVEWAY AREA TO FORM GARDEN GROUND, EXTENSION OF EXISTING FENCE TO GARDEN BOUNDARY AND ERECTION OF WALL AND FENCE TO MATCH ADJACENT WALL AND FENCE - FOR MR AND MRS E MACLEAN

Bailie Sawers and Councillors Guild and Melville declared a non-financial interest in the above application by virtue of being employed by one of the objectors, 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, the Committee approved the application subject to the conditions recommended by the Director of City Development.

(d) 10-00612-FULL - 1 TO 5 SEAGATE - PART CHANGE OF USE FROM PUBLIC HOUSE TO NIGHTCLUB - FOR BELHAVEN BREWERY CO LTD

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

II DELEGATED ITEMS

There was submitted Agenda Note AN156-2010, advising that from 22nd October, 2010 to 21st November, 2010, 57 applications had been decided under delegated powers. 13 of these applications had attracted objections; of these nine were approved and four were refused.

The Committee noted accordingly.

Roderick A J WALLACE, Convener.