Planning Committee (including Former Development Management And Development Quality) - 15/08/2011

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 15th August, 2011.

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 20th June, 2011 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 11-00232-FULL - YEW HOUSE, 30C ALBANY ROAD, BROUGHTY FERRY - PROPOSED CARPORT AND GARAGE ROOF EXTENSION WITH EXTERNAL TIMBER STAIR ACCESS - FOR MR R LAMB

Councillor Melville declared a non-financial interest in the above application by virtue of knowing one of the objectors and took no part in the discussion thereof.

It was reported that a request had been received for a deputation to address the Committee relative to objections to the application.

The Committee refused the application on the grounds that:-

(i) by virtue of scale and massing the proposed carport and retrospective garage roof extension shall adversely affect the appearance of the garage relative to the house at 30C Albany Road. The resulting development shall give the application site an over‑developed appearance that shall adversely impact on the setting of the adjacent B listed building at Balnacraig, 30D and 30E Albany Road and the low density wooded environment of the West Ferry Conservation Area. The proposals are therefore contrary to the requirements of Policies 14, 55 and 61 of the Dundee Local Plan Review 2005. There are no material considerations that would justify laying aside the provisions of the Local Plan to grant planning permission;

(ii) the proposed elevated platform providing access from the external stair to the first floor storage space of the garage shall generate instances of intermittent over-looking of the private amenity space afforded to the property at 24A Albany Road to the detriment of residential amenity. Therefore, the proposals are contrary to the requirements of Policy 14 of the Dundee Local Plan Review 2005. There are no material considerations that would justify laying aside the provisions of the Local Plan to grant planning permission; and

(iii) by virtue of scale and massing, the proposed carport, external stair and retrospective garage roof extension shall adversely affect the appearance of the garage relative to the house at 30C Albany Road. The resulting development shall give the application site an over-developed appearance that shall adversely impact on the setting of the adjacent B listed building at Balnacraig, 30D and 30E Albany Road and the low density wooded environment of the West Ferry Conservation Area. The proposals therefore fail to satisfy the requirements of Sections 59 and 60 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

In the circumstances, the Committee declined to hear the deputation.

(b) 11-00283-FULL - 11 TO 24 TAYVIEW DRIVE, LIFF - HOUSING REMIX TO EXISTING DEVELOPMENT TO ERECT TEN DWELLINGS TO NORTH OF TAYVIEW DRIVE, LIFF, COMPRISING FIVE HOUSE TYPES - FOR CALA HOMES EAST LTD

The Committee approved the application subject to the conditions recommended by the Director of City Development and subject to an obligation, under Section 75 of the Town and Country Planning (Scotland) Act 1997 as amended, between the Council and all parties with appropriate interests in the land, being recorded, relating to developer contributions towards Education provision.

II NEW LEGISLATION RELATING TO SECTION 75 PLANNING OBLIGATIONS AND THE IMPLICATIONS FOR UNDETERMINED APPLICATIONS WITHOUTSTANDING LEGAL AGREEMENTS

There was submitted Report No 353-2011 by the Director of City Development, outlining changes to the legislation governing Planning Agreements and Obligations which made provision for applications to be made for Obligations to be modified or discharged and also provided for a right of appeal to Scottish Ministers where a planning authority either refused the application or failed to determine it within two months.

The Committee agreed to:-

(a) authorise the Director of City Development, in conjunction with the Depute Chief Executive (Support Services), to proceed to conclude all the outstanding Section 75 Agreements as Planning Obligations where the applicant is willing to do so, in the knowledge that at a future date, the Obligation may be the subject of an application (and a subsequent appeal) seeking to modify or discharge it; and

(b) authorise the Director of City Development in cases where the applicant no longer wished to pursue the application or enter into the Obligation to seek the withdrawal of the application or, failing that, to report the matter back to Committee seeking further instruction.

III LARCH STREET (FORMERLY LARCHFIELD WORKS) - APPLICATION TO DISCHARGE - SECTION 75 AGREEMENT

The Committee acceded to a request for a deputation to address the Committee relative to this 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, the Committee considered Report No 362-2011 by the Director of City Development advising the Committee of a purported application under S75A(2) of the Town and Country Planning (Scotland) Act 1997 to discharge the terms of a Section 75 Agreement relating to the prohibition of the use of new dwellinghouses in Larch Street, Dundee as Houses in Multiple Occupation, and to seek the views of Committee as to how the application should be considered.

The Committee agreed to:-

(a) determine that this application was incompetent as it sought to discharge an agreement concluded prior to 1st February, 2011 using legislative provisions that do not have retrospective effect and remit the Director City Development to challenge any purported appeal to Scottish Ministers by the applicant or the acceptance by Scottish Ministers of any such appeal as competent on this basis; and

(b) agree that even if the application were competent, it should be refused for the reasons set out in the report.

IV WHITFIELD SITE 6 - SITE PLANNING BRIEF

There was submitted Agenda Note AN116-2011, making reference to Article III of the minute of meeting of the City Development Committee of 27th June, 2011, wherein the Committee agreed to approve the above mentioned site planning brief and to refer it to this Committee as a relevant material planning consideration.

The Committee noted accordingly.

V FORMER MENZIESHILL MULTIS - SITE PLANNING BRIEF

There was submitted Agenda Note AN117-2011, making reference to Article IV of the minute of meeting of the City Development Committee of 27th June, 2011, wherein the Committee agreed to approve the above-mentioned site planning brief and to refer it to this Committee as a relevant material planning consideration.

The Committee noted accordingly.

VI APPEAL DECISIONS

There was submitted Agenda Note AN124-2011, advising the Committee of the outcome of the undernoted planning appeals.

(a) LOCATION: TAYMILLS, 19 BROWN STREET, DUNDEE

PROPOSAL: LISTED BUILDING CONSENT FOR ALTERATIONS TO FORM 25 STUDENT STUDIO APARTMENTS

Reference was made to the decision of the Council on 21st January, 2011 under powers delegated to the Director of City Development to refuse listed building consent for the above proposal on the grounds that the proposals would adversely affect the historic character and architectural features of the A listed building thus failing to satisfy the requirements of Policy 59 (Alternative Uses of Listed Buildings) and Policy 60 (Alterations to Listed Buildings) of the Dundee Local Plan Review 2005 as well as the requirements of Section 14 of the Planning (Listed Building and Conservation Areas) (Scotland) Act 1997 as amended.

It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 18 and Schedule 3 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, and the appeal had been allowed and consent granted subject to conditions.

(b) LOCATION: TAYMILLS, 19 BROWN STREET, DUNDEE

PROPOSAL: CHANGE OF USE TO FORM 25 STUDENT STUDIO APARTMENTS

Reference was made to Article I(a) of the minute of meeting of this Committee of 17th January, 2011, wherein the above proposal was refused planning permission on the grounds that the development was contrary to Policy 9 of the Local Plan because the applicants had not justified the additional student accommodation on an unallocated site and had not provided a transport assessment; the proposals would adversely affect the Category A listed building; and the proposed apartments would be afforded a low level of environmental quality due to poor air quality and noise disturbance.

It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997, and the appeal had been allowed and consent granted subject to conditions and to the conclusion of a legal agreement restricting the use of the apartments to students.

(c) LOCATION: LAND SOUTH OF RIVERSIDE AVENUE, DUNDEE

PROPOSAL: ERECTION OF 102 BEDROOM HOTEL

Reference was made to Article 1(b) of the minute of meeting of this Committee of 13th December, 2010, wherein the above proposal was refused planning permission on the grounds that the proposal was contrary to the Structure Plan and the Local Plan because the applicants had not fully demonstrated that a sequential approach had been applied to the site selection and as a result, the development would have an adverse impact on the city centre; the use of the site for purposes outwith business and industry contravened the Local Plan; and the proposal represented an over-development of the site contrary to the Local Plan.

It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 47 and schedule 4 of the Town and Country Planning (Scotland) Act 1997, and the appeal had been dismissed and planning permission refused.

(d) LOCATION: UNIT A1, KINGSWAY WEST RETAIL PARK

PROPOSAL: CONSENT TO DISPLAY ADVERTISEMENT

Reference was made to the decision of the Council on 21st January, 2011 under powers delegated to the Director of City Development, to refuse advertisement consent for the above proposal on the grounds that the proposed advertisement would be detrimental to the visual amenity of the area detracting from the uniformity of the signage evident in the Retail Park and therefore contrary to Policy 63 (Advertising) of the Local Plan.

It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 182 of the Town and Country Planning (Scotland) Act 1997 and Regulation 21 of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, and the appeal had been allowed and consent granted.

VII DELEGATED ITEMS

There was submitted Agenda Note AN118-2011, advising the Committee that from 22nd May, 2011 to 21st July, 2011, 81 applications were decided under delegated powers. Eleven of these applications attracted objections and nine of these were approved and two were refused.

The Committee noted accordingly.

Roderick A J WALLACE, Convener.