Planning Committee (including Former Development Management And Development Quality) - 21/03/2011

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

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 21st February, 2011 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 11-00006-FULL - LAND SOUTH OF SCHOOL, FINTRY PLACE, BROUGHTY FERRY, DUNDEE - ERECTION OF 17.5M TALL REPLICA TELEGRAPH POLE TO ACCOMMODATE VODAFONE AND 02 ANTENNA WITHIN GRP SHROUD PLUS TWO GROUND LEVEL CABINETS WITHIN CLOSE BOARDED FENCED COMPOUND - FOR VODAFONE/02 UK

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 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 telecommunications installation by virtue of scale and design shall have an adverse impact on the outlook of houses on Forthill Place and Forthill Drive and Forthill Primary School. The proposed telecommunications installation shall therefore adversely affect the level of environmental quality afforded to the primary school and neighbouring residential properties and is therefore contrary to the requirements of Policy 1 (Vibrant and Sustainable Communities) of the Dundee Local Plan Review 2005. There are no material considerations that would justify laying aside the provisions of the Development Plan to grant planning permission;

(ii) 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 operator has not demonstrated that the mast is sensitively located and designed and is the most appropriate option;

(iii) 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 the operator has not demonstrated that the mast is sensitively located and designed and is the most appropriate option; and

(iv) the proposed development is contrary to Policy 7 - Public Parks and Open Spaces of Dundee City Council's adopted Non-Statutory Planning Policies in relation to Telecommunications Masts and Other Apparatus as the application site is located within an area of public open space designated by the Dundee Local Plan Review 2005.

(b) 10-00756-FULL - RENDEZVOUS, 39 UNION STREET, DUNDEE - PART CHANGE OF USE FROM PUBLIC HOUSE TO NIGHTCLUB - FOR MR JAMES FYFFE

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 agreed to defer consideration of the application in order to obtain further information regarding the control of noise within the proposed nightclub.

(c) 10-00763-FULL - ST AIDAN'S CHURCH HALL, 100 ST VINCENT STREET, BROUGHTY FERRY - PARTIAL DEMOLITION AND CONVERSION OF FORMER CHURCH HALL TO FUNERAL DIRECTORS AND TWO HOUSES, AND ERECTION OF FOUR FLATS - FOR MR DAVID SHEPHERD

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

(d) 10-00766-LBC - ST AIDAN'S CHURCH HALL, 100 ST VINCENT STREET, BROUGHTY FERRY - DEMOLITION OF THE SOUTH HALL AND TWO OUTBUILDINGS ON THE EAST ELEVATION; SMALL EXTENSION ON THE NORTH EAST ELEVATION; ELEVATIONAL ALTERATIONS TO FORM OPENINGS; AND THE ERECTION OF FOUR FLATS ON THE CLEARED SITE TO THE SOUTH - FOR MR DAVID SHEPHERD

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

(e) 11-00055-FULL - LAND TO EAST OF HADDINGTON AVENUE, DUNDEE - NEW LIFE SERVICES BUILDING INCORPORATING SOCIAL WORK, HEALTHCARE, LIBRARY AND RETAIL FACILITIES ALLIED TO PUBLIC OPEN SPACE AND SERVICE ROAD AND CAFE - FOR CITY ARCHITECTURAL SERVICES OFFICER, DUNDEE CITY COUNCIL

Bailie Sawers and Councillors Will Dawson and Gordon declared a non-financial interest in this item by virtue of their membership of the Whitfield Project Board.

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

(f) 11-00021-FULL - THOMSON PARK, NAPIER DRIVE, DUNDEE - ERECTION OF 15M TALL MONOPOLE INCLUDING SIX VODAFONE/02 ANTENNA AND TWO 600M TRANSMISSION DISHES PLUS GROUND LEVEL CABINET WITH PALISADE FENCE - FOR VODAFONE/02 UK

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 due to the unacceptable adverse environmental impact on the area by reason of the scale, design and location of the structure. There are no material considerations that would justify a departure to the provisions of the development plan in this instance;

(ii) 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 provide sufficient justification for the proposed development and has failed to investigate all alternative sites and designs in order to minimise the visual impact of the proposals;

(iii) the proposed development is contrary to Policy 2 - "Residential Areas" of the Council's adopted Non-Statutory Planning Policies in relation to Telecommunications 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; and

(iv) the proposed development is contrary to Policy 15 "Mast Sharing and Design Issues" of the Council's adopted Non-Statutory Planning Policies in relation to Telecommunications Masts and Other Apparatus as the scale and design of the shared mast is considered to be out of character with the surrounding area and to be insensitively located in the residential area.

II WEST FERRY CONSERVATION AREA APPRAISAL

There was submitted Agenda Note AN46-2011 making reference to Article I of the minute of meeting of the City Development Committee of 28th February, 2011, wherein the Committee agreed to approve the West Ferry Conservation Area Appraisal as supplementary guidance to the Local Plan Review and refer the Conservation Area Appraisal to this Committee for approval as a material planning consideration.

The Committee approved accordingly.

III DELEGATED APPLICATIONS

There was submitted Agenda Note AN47-2011 advising that from 22nd January, 2011 to 21st February, 2011, 26 applications were decided under delegated powers. Five of these applications had attracted objections and all five were approved.

The Committee noted accordingly.

Roderick A J WALLACE, Convener.