Planning Committee (including Former Development Management And Development Quality) - 21/02/2011

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 21st February, 2011.

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 17th January, 2011 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATION

(a) 10-00668-PPL - LAND WEST OF LIBRARY, QUEEN STREET, BROUGHTY FERRY - PLANNING PERMISSION IN PRINCIPLE FOR DEMOLITION OF TWO STOREY DWELLINGHOUSE AND ERECTION OF HOTEL INCORPORATING HEALTH CLUB - FOR BROOMVALE 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 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, having considered objections received, refused the application on the grounds that:-

(i) the proposed hotel development shall be located within 45 metres of neighbouring residential properties. By virtue of noise disturbance from late night/early morning vehicle movements and guests/visitors arriving and leaving the premises, the proposed hotel shall adversely affect the level of environmental quality afforded to neighbouring residential premises. The proposals are therefore contrary to the requirements of Policy 53 (Licensed and Hot Food Premises) of the Dundee Local Plan Review 2005. There are no other material considerations that would justify laying aside the provisions of the Development Plan to grant planning permission;

(ii) by virtue of scale, massing, design and positioning on the application site, the proposed hotel building shall have an overbearing impact upon the B listed former church building to the west of the application site and shall obscure from view the C(s) library building from the junction between Fort Street and Queen Street. The proposed hotel building shall therefore adversely affect the setting of the listed buildings to the east and west of the application site. The proposals are contrary to the requirements of Policy 55 (Urban Design) of the Dundee Local Plan Review 2005 and Section 59 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. There are no other material considerations that would justify laying aside the provisions of the Development Plan to grant planning permission;

(iii) the proposed hotel building by virtue of scale, massing and design shall have a conspicuous appearance that shall overdevelop the application site, detract from the appearance and setting of adjacent listed buildings as well as detract from the setting of the historic Queen Street and Camphill Road streetscapes. The proposed hotel shall therefore adversely affect the setting of the Forthill Conservation Area. The proposed hotel development is contrary to the requirements of Policy 61 (Development in Conservation Areas) of the Dundee Local Plan Review of 2005 and Section 64 of the Planning (Listed Buildings and Conservation Areas (Scotland) Act 1997. There are no other material considerations that would justify laying aside the provisions of the Development Plan to grant planning permission; and

(iv) the proposals shall involve the removal of a significant portion of the existing stone built wall that bounds the site to the north of the application site and also the stone wall bounding the site to the south. These boundary walls contribute significantly to the character and appearance of the historic Camphill Road and Queen Street streetscapes where their removal shall have an adverse affect on the character of the surrounding Forthill Conservation Area. The proposals are therefore contrary to the requirements of Policy 61 (Development in Conservation Areas) of the Dundee Local Plan Review 2005 and Section 64 of the Planning (Listed Buildings and Conservation Areas (Scotland) Act 1997. There are no material considerations that would justify laying aside the provisions of the Development Plan to grant planning permission.

(b) 10-00661-CON - LAND WEST OF LIBRARY, QUEEN STREET, BROUGHTY FERRY - COMPLETE DEMOLITION OF HOUSE IN A CONSERVATION AREA - FOR BROOMDALE 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 refused the application on the grounds that:-

(i) the existing two-storey split level dwellinghouse by virtue of its age, traditional design and finish is an integral part of the historic Camphill Road streetscape, makes a positive contribution to the character of the Forthill Conservation Area and the setting of adjacent listed buildings. In the absence of any reasoned justification for the removal of the existing house on site and the erection of a four storey hotel in its place that shall overdevelop the application site, detract from the setting of adjacent listed buildings as well as adversely affect the character of the surrounding Forthill Conservation Area, the proposals fail to meet the statutory duty set out in Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

(c) 10-00742-FUL - GARDEN GROUND TO SOUTH OF 120 CAMPHILL ROAD, BROUGHTY FERRY - ERECTION OF NEW HOUSE WITHIN GARDEN GROUND - FOR MR AND MRS DUNCAN

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, together with an additional condition (v) that details of the arrangements for construction vehicles accessing the site, and the time periods for deliveries shall be submitted to the Council for approval before any development is commenced and, if approved, the construction of the development shall be carried out only in full accordance with such approved details. The arrangements for construction and delivery vehicles shall ensure that no materials shall be delivered to the application site before 9.00 am and that all vehicles should be escorted to and from the application site to and from Camphill Road.

(d) 10-00685-FUL - 3 GRAY'S LANE, LOCHEE - ERECTION OF 12 FLATS WITH 16 CAR PARKING SPACES - FOR LEADINGHAM, JAMIESON, ROGERS & HYND

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

(e) 10-00752-FUL - ST CLEMENT'S RC PRIMARY SCHOOL, BALGARTHNO PLACE - CONSTRUCTION OF NEW TWO-STREAM PRIMARY SCHOOL INCORPORATING A CHILD AND FAMILY UNIT - FOR DUNDEE CITY COUNCIL

Councillor Hunter declared a non-financial interest in this application by virtue of his son attending one of the schools affected and left the Chambers during its consideration.

The Committee approved the above application subject to the conditions recommended by the Director of City Development, and subject to the additional condition (vi) that details of the arrangements for construction vehicles accessing the site, including the routes taken to access and exit the site, and the time periods for deliveries shall be submitted to the Council for approval before any development is commenced and, if approved, the construction of the development shall be carried out only in full accordance with such approved details.

(f) 10-00706-FUL - LAND TO NORTHEAST OF ROUNDABOUT, NINEWELLS AVENUE - ERECTION OF 14.8 MONOPOLE TO ACCOMMODATE VODAFONE AND/OR ANTENNA WITHIN GRP SHROUDH PLUS GROUND LEVEL CABINET - FOR VODAFONE/02 UK

Councillor Macpherson, seconded by Councillor Hay, moved refusal of 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 development is likely to impact adversely on the environmental quality enjoyed by local residents by reason of design and layout. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy;

(ii) the proposed development is contrary to Policy 78 - "Location of Telecommunications Equipment" of the Dundee Local Plan Review 2005 as there is a failure to demonstrate that there are no other viable options in respect of alternative locations. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy;

(iii) the proposed development is contrary to Policy 1 of Dundee City Council's adopted Non-Statutory "Planning Policies in Relation to Telecommunications Masts and Other Apparatus" as the applicant has failed to investigate all alternative sites in order to minimise the visual impact of the proposals; and

(iv) the proposed development is contrary to Policy 2 "Residential Areas" of Dundee City Council's adopted Non-Statutory "Planning Policies in Relation to Telecommunications Masts and Other Apparatus" as there is a general presumption against the siting of free standing masts in residential areas unless the mast is sensitively designed and sufficient justification is provided.

As an amendment, the Convener, seconded by Councillor Duncan, 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 Wright and Scott, and Councillors Hunter, Ross, Keenan, Asif, Bidwell, Hay, Macpherson and Dick (11); and for the amendment - the Convener, Lord Provost Letford, Bailie Sawers, and Councillors Guild, Black, Bowes, Andy Dawson, Duncan, Fordyce, Lynn, Melville, Roberts, Ferguson, Gordon and McCready (15) - whereupon the amendment was declared carried.

(g) 10-00731-FUL - LAND TO NORTH OF 69 EARN CRESCENT - ERECTION ON FOOTPATH OF 15M TALL MONOPOLE TO ACCOMMODATE VODAFONE/02 ANTENNA WITHIN GRP SHROUD PLUS ONE GROUND LEVEL CABINET - FOR VODAFONE/02 UK

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

II FORMER FIRE STATION, STRATHMORE AVENUE - DRAFT SITE PLANNING BRIEF

There was submitted Agenda Note AN19-2011, making reference to Article IV of the minute of meeting of the City Development Committee of 24th January, 2011, wherein the Committee agreed, inter alia, to refer the above site planning brief to the Development Management Committee as a material planning consideration.

The Committee noted accordingly.

III DELEGATED ITEMS

There was submitted Agenda Note AN20-2011, advising that from 22nd December, 2010 to 21st January, 2011, 33 applications had been decided under delegated powers. Four of these applications had attracted objections, and all four of these had been approved.

The Committee noted accordingly.

Roderick A J WALLACE, Convener.