Planning Committee (including Former Development Management And Development Quality) - 19/09/2011

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 19th September, 2011.

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 15th August, 2011 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 10-00750-FULL - FORMER NCR (SCOTLAND) LTD, KINGSWAY WEST - ERECTION OF FOODSTORE, CAFE AND PETROL FILLING STATION WITH ASSOCIATED CAR PARKING, LANDSCAPING AND INFRASTRUCTURE, INCLUDING ACCESS ROADS - FOR ASDA STORES LTD AND MACDONALD ESTATES GROUP

Councillors Barrie and Keenan declared non-financial interests in the above application, the former, by virtue of the fact that he had expressed a view on the application in the local press, and the latter because his employer had a partnership agreement with NCR (Scotland) Ltd.

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.

(b) 11-00362-FULL - 4 THE ESPLANADE, BROUGHTY FERRY - AMENDMENTS TO APPROVED APPLICATION ( 10-00334-FULL) FOR A SUN ROOM OFF EXISTING KITCHEN - FOR PROFESSOR AND MRS BEGG

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.

(c) 11-00337-FULL - 25 CASTLE STREET, DUNDEE - CHANGE OF USE FROM PAVEMENT TO PAVEMENT CAFE - FOR THE BURGH COFFEE HOUSE

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

(d) 11-00391-FULL - 15A MARYFIELD TERRACE - INSTALLATION OF WINDOW TO NORTH ELEVATION - FOR MR G KNOX

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

(e) 11-00424-FULL - WHITFIELD BOWLING SPORTS CLUB, SUMMERFIELD AVENUE - ERECTION OF SINGLE 15M TALL REPLICA FLAGPOLE TO SUPPORT THREE VODAFONE AND THREE TELEFONICA 3G ANTENNA WITHIN GRP SHROUD, AND ONE OUTDOOR CABINET - FOR VODAFONE/TELEFONICA

The Committee refused the application on the grounds that:-

(i) by virtue of scale, massing and design the proposed 15m high telecommunications mast shall have an adverse impact on the visual amenity of the area of public open space surrounding the application site and the outlook of residential properties on Summerfield Avenue and the immediate north of the Bowling Green. The proposals 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 Telecommunication Masts and Other Apparatus as the applicant has failed to provide sufficient justification for the proposed development in terms of location and design. There are no material considerations that would justify approval of planning permission;

(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 proposals do not demonstrate that the proposed mast has been sensitively designed or located to minimise the impact on the surrounding residential environment;

(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 would adversely impact on the level of environmental quality afforded to neighbouring residential properties; and

(v) the proposed development is contrary to Policy 7 "Public Parks and Public Open Spaces" of the Council's adopted Non-statutory Planning Policies in relation to Telecommunications Masts and Other Apparatus as the design, scale and massing of the proposed telecommunications mast will adversely impact upon the appearance of the Bowling and Sports Club and the landscaped surroundings to the detriment of visual amenity.

II APPEAL DECISIONS

There was submitted Agenda Note AN140-2011, advising of the undernoted planning appeal decisions.

(a) NORTHWOOD, 118 STRATHERN ROAD, BROUGHTY FERRY, DUNDEE

PROPOSAL: ERECTION OF ROOFTOP FLAGPOLE SUPPORTING THREE NO VODAFONE AND THREE NO 02 ANTENNA WITHIN GRP SHROUD

Reference was made to Article I(c) of the minute of meeting of this Committee of 17th January, 2011, wherein the above proposal was refused planning permission because the Council considered that the proposed mast, due to its dimensions, would not appear convincing as a flagpole and would therefore detract from the architectural and historic character of the listed building and the visual amenity of the West Ferry Conservation Area contrary to Policies 60 and 61 of the Local Plan.

It was reported that the applicant had appealed this decision, and the appeal had been dismissed.

(b) 11 STRAWBERRY BANK, DUNDEE

DEVELOPMENT: UNAUTHORISED PARTIAL DEMOLITION OF THE EASTERN BOUNDARY WALL TO FORM A VEHICULAR ACCESS

It was reported that an appeal had been lodged under Section 130 of the Town and Country Planning (Scotland) Act 1997 against an Enforcement Notice served by the Council which required the owner to reinstate the wall, gate piers and pedestrian access to their previous condition and appearance prior to their unauthorised removal (planning permission to retain the breach had previously been refused under delegated powers in January 2011 - Application No 10-00634-FULL refers), and the appeal had been dismissed.

(c) FORTHILL SPORTS CLUB, FINTRY PLACE, BROUGHTY FERRY, DUNDEE

ERECTION OF 17.5M TALL REPLICA TELEGRAPH POLE TO ACCOMMODATE VODAFONE AND O2 ANTENNA WITHIN GRP SHROUD PLUS TWO GROUND LEVEL CABINETS

Reference was made to Article I(a) of the minute of meeting of this Committee of 21st March, 2011, wherein the above proposal was refused planning permission because the Council considered that the proposed mast would adversely affect nearby houses and the school by reason of its scale and design contrary to Policy 1 of the Local Plan; and the proposed mast contravened Policies 1, 2 and 7 of the Council's adopted Non-statutory Planning Policies on Telecommunications Masts as the operator had not demonstrated that the mast was sensitively located and designed or that it was the most appropriate option and because the application site was located within an area of public open space designated by the Local Plan.

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

III DELEGATED ITEMS

There was submitted Agenda Note AN139-2011, advising the Committee that, from 22nd July, 2011 to 21st August, 2011, 38 applications were decided under delegated powers, five of those applications had attracted objections, four of these were approved and one refused.

The Committee noted accordingly.

Roderick A J WALLACE, Convener.