Planning Committee (including Former Development Management And Development Quality) - 18/04/2011

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 18th April, 2011.

Present:-

BAILIES

COUNCILLORS

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

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

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 11-00060-FULL - GARDEN GROUND AT 5 THE ESPLANADE, BROUGHTY FERRY, DUNDEE - PROPOSED NEW HOUSE - FOR MR GARY PATERSON

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 refused the application on the grounds that:-

(i) the proposal is contrary to criteria (a) and (c) of Policy 15 of the Dundee Local Plan Review 2005 as the design of the proposed house does not respect the surrounding buildings and the final proportion of ground covered by hardstandings amounts to more than 40% of the original house and garden. There are no material considerations that would justify approval contrary to the provisions of the development plan;

(ii) the proposal is contrary to Policies 55 and 61 of the Dundee Local Plan Review 2005 as the quality of the design is not of an acceptable standard and the scale and massing of the proposed dwelling do not preserve or enhance the character of the Broughty Ferry Conservation Area. There are no material considerations that would justify approval contrary to the provisions of the development plan;

(iii) the approval of this application would be contrary to the statutory duty set out in Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 as the proposed house does not blend in with surrounding properties and will have an adverse impact on the character of the conservation area; and

(iv) the proposal would remove the opportunity for off-street parking for the sub-divided house at 5 The Esplanade at a location where existing off-street parking is extremely limited and this would detrimentally impact on the residential amenities enjoyed by surrounding occupiers.

(b) 11-00061-FULL - WHITE HORSE INN, HAREFIELD ROAD, DUNDEE - CHANGE OF USE FROM VACANT PUBLIC HOUSE TO TWO RETAIL UNITS AND ONE HOT FOOD TAKEAWAY AND THE CREATION OF ROAD LAYBY - FOR MR COSMO MOLINARO

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 refused the application on the grounds that the proposed development of the site for retail and takeaway facilities would draw trade from and adversely impact on the nearby parade of shops at Strathmore Avenue/Brantwood Avenue and the Lochee District Centre. In addition, the retailing element of the proposal contravenes criteria (a) and (c) of Policy 45 of the Dundee Local Plan Review 2005, as there are suitable sites for retailing in the Lochee District Centre and the proposal will not address a deficiency in shopping provision in this area. There are no material considerations that would justify approval contrary to the provisions of the development plan.

(c) 11-00058-FULL - 78 ROSEBANK STREET, DUNDEE - ERECTION OF 31 BED RESIDENTIAL CARE HOME WITH ACCESS AND PARKING - FOR MR DAVID FYFE

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.

(d) 10-00747-PPL - 42 FREDERICK STREET, DUNDEE - OUTLINE PERMISSION TO ERECT TWO DWELLINGHOUSES - FOR MR AND MRS E JOHNSTON

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

(e) 11-00023-PPL - 204 TO 232 HILLTOWN, DUNDEE - PLANNING PERMISSION, IN PRINCIPLE, FOR THE ERECTION OF 12 FLATS AND ONE SHOP - FOR MR R GILLIS

After considering objections received, the Committee deferred consideration of the application in order to allow further consideration of options for the provision of car parking.

(f) 11-00082-FULL - DICK McTAGGART CENTRE, OLD GLAMIS ROAD, DUNDEE - REPLACEMENT OF EXISTING SPORTS CENTRE WITH ALTERATIONS, EXTENSION, ADDITIONAL CAR PARKING AND BOUNDARY TO FORM NEW GYMNASTICS CENTRE - FOR DIRECTOR OF LEISURE AND COMMUNITIES, DUNDEE CITY COUNCIL

Councillor Duncan declared a non-financial interest in this application by virtue of being Chairman of Dundee Leisure Trust.

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

(g) 11-00027-FULL - ST FRANCIS AMATEUR BOXING AND SPORTING CLUB, BEECHWOOD PARK, KING'S CROSS ROAD, DUNDEE - PROPOSED ERECTION OF 21M HIGH MONOPOLE, INCLUDING THREE 02 ANTENNA, TWO 600M TRANSMISSION DISHES AND EQUIPMENT CABINET WITHIN 1.8M HIGH PALISADE - FOR VODAFONE/02 UK THE CONNECTION

The Committee refused the application on the grounds that:-

(i) 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 in support of the application by investigating all alternative sites and designs in order to minimise the visual impact of the proposals; and

(ii) the proposed development is contrary to Policy 15 of Dundee City Council's adopted Non-Statutory Planning Policies in relation to Telecommunications Masts and Other Apparatus, as although the applicant has provided a mast share solution, it fails to meet the required site location and design controls required elsewhere in these policies.

(h) 11-00095-FULL - LAND TO THE NORTHWEST OF 83 MACALPINE ROAD, DUNDEE - ERECTION OF 15M TALL MONOPOLE TO ACCOMMODATE VODAFONE/02 ANTENNA WITHIN GRP SHROUD PLUS GROUND LEVEL CABINET - FOR VODAFONE/02 UK THE CONNECTION

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

(i) 11-00096-FULL - LAND TO THE SOUTH OF BERWICK DRIVE, DUNDEE - REPLACEMENT OF EXISTING 15M TALL 02 3G MONOPOLE TO ACCOMMODATE VODAFONE/02 2G/3T ANTENNA WITHIN GRP SHROUD PLUS TWO ADDITIONAL CABINETS - FOR VODAFONE/02 UK THE CONNECTION

After considering objections received, the Committee refused the application on the grounds that:-

(i) by virtue of scale, massing, design and proximity to existing housing on Salton Crescent, the proposed 17.5m high telecommunications mast shall have an overbearing impact on the suburban streetscape of Berwick Drive and shall adversely affect the outlook of neighbouring residential properties at Salton Crescent and The Hawthorns. The proposals shall adversely affect the level of environmental quality afforded to the suburban neighbourhood surrounding the application site and are 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 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. The level of supporting information submitted does not demonstrate that the proposed mast has been sensitively designed or located to minimise the impact on the surrounding residential environment and visual amenity; 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 because 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 PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN58-2011 advising of the undernoted Planning Appeal Decision:-

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

Reference was made to Article I(b) of the minute of meeting of this Committee of 18th October, 2010, wherein the above proposal was refused planning permission because the Council considered that the development contravened Policy 1 of the Local Plan in terms of parking and traffic movement issues and noise, and Policy 19 in terms of the lack of off-street dropping-off spaces.

It was reported that the decision had subsequently been appealed by the applicant and had been dismissed.

The Committee noted accordingly.

(b) 309 STRATHMARTINE ROAD, DUNDEE - RETROSPECTIVE CHANGE OF USE TO A MIXED USE FAMILY DWELLINGHOUSE AND CHILDREN'S NURSERY FOR 12 CHILDREN

Reference was made to Article I(c) of the minute of meeting of this Committee of 15th November, 2010, wherein the above proposal was refused planning permission because the Council considered that the development contravened Policy 1 of the Local Plan in terms of parking and traffic movement issues and noise, and Policy 19 in terms of being situated on a heavily trafficked road with insufficient off-street dropping-off spaces.

It was reported that the decision had subsequently been appealed by the applicant and had been upheld, subject to conditions restricting the hours of operation and number of children, and increasing boundary enclosures to protect privacy.

The Committee noted accordingly.

(c) DALNACRAIG AND MAYFIELD SPORTS GROUNDS, ARBROATH ROAD, DUNDEE - PROVISION OF TWO ALL-WEATHER PITCHES, FLOODLIGHTING AND EXTENSION TO PARKING FACILITIES

Reference was made to Article I(b) of the minute of meeting of this Committee of 16th August, 2010, wherein the above proposal was refused planning permission contrary to the Director's recommendation. The Council considered that the proposal would have an adverse impact on the environmental quality enjoyed by local residents by virtue of noise disturbance, road safety, light pollution and visual amenity, contrary to Policy 1 of the Dundee Local Plan.

It was reported that the decision had subsequently been appealed by the applicant and the appeal had been upheld, subject to conditions relating to the hours of operation.

The Committee noted accordingly.

III FORMER EASTERN PRIMARY SCHOOL - SITE PLANNING BRIEF

There was submitted Agenda Note AN59-2011 making reference to Article V of the minute of meeting of the City Development Committee of 28th March, 2011, wherein the Committee referred the above mentioned Site Planning Brief to this Committee for approval as supplementary guidance to the Development Plan.

The Committee approved accordingly.

IV DELEGATED ITEMS

There was submitted Agenda Note AN57-2011 advising that from 22nd February, 2011 to 21st March, 2011, 41 applications had been decided under delegated powers. Five of these applications had attracted objections, of these, four were approved and one was refused.

The Committee noted accordingly.

Roderick A J WALLACE, Convener.