Planning Committee (including Former Development Management And Development Quality) - 20/06/2011

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 20th June, 2011.

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 16th May, 2011 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 10-00666-CON - FORMER NCR (SCOTLAND) LTD, KINGSWAY WEST, DUNDEE - MATTERS SPECIFIED IN CONDITIONS OF 09-00427-OUT (CONDITIONS 1, 7, 9, 10, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 25, 26 AND 27) - FOR ASDA STORES LTD AND MACDONALD ESTATES GROUP

Councillor Keenan declared a non-financial interest in the above item by virtue of his employer having a partnering arrangement with NCR (Scotland) Ltd.

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

(b) 11-00198-CON - FORMER NCR (SCOTLAND) LTD, KINGSWAY WEST, DUNDEE - MATTERS SPECIFIED IN CONDITIONS OF 09-00427-OUT (CONDITIONS 31 AND 32) - FOR ASDA STORES LTD AND MACDONALD ESTATES GROUP

Councillor Keenan declared a non-financial interest in the above item by virtue of his employer having a partnering arrangement with NCR (Scotland) Ltd.

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

(c) 11-00139-FUL - LAND OUTSIDE 24 TAYLOR'S LANE, DUNDEE - ERECTION OF ONE DSLAM BROADBAND CABINET (PCP004) 1200 X 450 X 160MM - FOR OPENREACH

The Committee acceded to a request 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, Councillor Macpherson, seconded by Councillor Hay, moved refusal of the application on the grounds that the development was contrary to Policy 61: Development in Conservation Areas of the Dundee Local Plan Review 2005, as it failed to preserve or enhance the character of the surrounding area by reason of the inappropriate size, scale, design and location of the proposed box. For the same reason, it also failed to meet the requirements of Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

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 - Bailies Wright, Scott and Councillors Keenan, Asif, McCready, Hay, Macpherson and Dick (8); and for the amendment - the Convener, Lord Provost Letford, Depute Lord Provost Borthwick, Bailie Sawers and Councillors Barrie, Black, Will Dawson, Duncan, Fordyce, Hunter, Lynn, Melville, Roberts, Bidwell, Ferguson and Gordon (16) - whereupon the amendment was declared carried.

(d) 11-00142-FUL - LAND OUTSIDE BLACKNESS PRIMARY SCHOOL, DUNDEE - ERECTION OF ONE DSLAM BROADBAND CABINET (PCP004) 1200 X 450 X 160MM - FOR OPENREACH

The Committee acceded to a request 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, Councillor Macpherson, seconded by Councillor Hay, moved refusal of the application on the grounds that the development was contrary to Policy 61: Development in Conservation Areas of the Dundee Local Plan Review 2005, as it failed to preserve or enhance the character of the surrounding area by reason of the inappropriate size, scale, design and location of the proposed box. For the same reason, it also failed to meet the requirements of Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

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 - Bailies Wright, Scott and Councillors Keenan, Asif, McCready, Hay, Macpherson and Dick (8); and for the amendment - the Convener, Lord Provost Letford, Depute Lord Provost Borthwick, Bailie Sawers and Councillors Barrie, Black, Will Dawson, Duncan, Fordyce, Hunter, Lynn, Melville, Roberts, Bidwell, Ferguson and Gordon (16) - whereupon the amendment was declared carried.

(e) 11-00124-FUL - LAND TO EAST OF WEST MARKETGAIT, OVERGATE LANE, DUNDEE - PLANNING APPLICATION UNDER SECTION 42 OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED) FOR THE VARIATION OF PLANNING PERMISSION 05-00815-FUL, TO ALLOW ADDITIONAL TIME FOR DEVELOPMENT TO COMMENCE - FOR GVA GRIMLEY

Councillors Duncan and Keenan declared a non-financial interest in the above item by virtue of having made comment in the press regarding the application.

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

(f) 11-00123-LBC - LAND TO EAST OF WEST MARKETGAIT, OVERGATE LANE, DUNDEE - APPLICATION UNDER SECTION 17 OF PLANNING (LISTED) BUILDINGS AND CONSERVATION AREAS (SCOTLAND) ACT 1997 FOR THE VARIATION OF CONDITION 1 OF LISTED BUILDING CONSENT 05-00816-LBC - TO ALLOW ADDITIONAL TIME FOR WORKS TO COMMENCE FOR LAND SECURITIES

Councillors Duncan and Keenan declared a non-financial interest in the above item by virtue of having made comment in the press regarding the application.

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

II DELEGATED ITEMS

There was submitted Agenda Note AN104-2011 advising the Committee that from 22nd April to 31st May, 2011, 43 applications had been decided under delegated powers. Of these, six had attracted objections, four had been approved, and two had been refused.

The Committee noted accordingly.

Roderick A J WALLACE, Convener.