Planning Committee (including Former Development Management And Development Quality) - 21/06/2010

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 21st June, 2010.

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 17th May, 2010 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 10-00185-FULL LAND TO NORTH OF ALLOWAY PLACE - ERECTION OF 19 HOUSES AND FOUR FLATS, ACCESS ROAD, ASSOCIATED BOUNDARY TREATMENTS AND LANDSCAPING - FOR DUNDEE CITY COUNCIL HOUSING DEPARTMENT

Councillors Black, Roberts and Melville declared a non-financial interest in this item, the first by virtue of his position as Convener of the Housing, Dundee Contract Services and Environment Services Committee, Councillor Roberts by virtue of the fact that she had been contacted by one of the objectors, and Councillor Melville by virtue of contact with interested parties in the course of his work.

All three left the Chamber during consideration of the application.

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, Councillor Keenan, seconded by Councillor Duncan, moved refusal of the application on the grounds that the proposed development is premature in that the outcome of modelling in respect of drainage and flooding issues is not yet available.

The Convener, seconded by Councillor Barrie, moved approval of the application subject to the conditions recommended by the Director of City Development.

On a division, there voted for the motion - Depute Lord Provost Borthwick, Bailies Wright and Scott, Councillors Duncan, Keenan, Asif, Bidwell, Ferguson, McCready, Hay and Dick (11); and for the amendment - the Convener, Lord Provost Letford, Councillors Guild, Barrie, Bowes, Andrew Dawson, Fordyce, Hunter, Ross, Gordon and Macpherson (11); Councillors Black, Melville and Roberts being absent when the vote was taken - whereupon the Convener gave his casting vote in favour of the amendment which was thereafter carried.

(b) 09-00452-FULL - DUNDEE COLD STORES LTD, WHITTLE PLACE, GOURDIE INDUSTRIAL ESTATE - ERECTION OF 850KW WIND TURBINE WITH 65 METRE TOWER AND 26 METRE BLADES GIVING A TOTAL HEIGHT OF 91 METRES - FOR DUNDEE COLD STORES LTD

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

(c) 10-00095-FULL - FORMER COLDSIDE FILLING STATION, 166 STRATHMARTINE ROAD - CHANGE OF USE FROM FORMER FILLING STATION TO CAR SALES - FOR TAYCARS LTD

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

(d) 10-00155-FULL - 283 PERTH ROAD - CHANGE OF USE FROM ONE TO TWO HOUSES - FOR MS ANN SINCLAIR

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

(e) 10-00228-FULL - BAXTER PARK BOWLING CLUB, WORTLEY PLACE - ERECTION OF TIMBER PAVILION ON SOUTH SIDE OF EXISTING BUILDING - FOR BAXTER PARK BOWLING CLUB

Councillor Melville declared a non-financial interest in this item by virtue of having advised the Bowling Club regarding the planning application, and left the Chamber during its consideration.

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

(f) 10-00273-FULL - ROSEMOUNT, 36C SEAFIELD ROAD, BROUGHTY FERRY - ERECTION OF WALL TOP FENCE (WEST) AND FREESTANDING FENCE AND GATE (NORTH) TO HOUSE - FOR LINDA MOORES

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

(g) 10-00284-FULL - LAND AT GRUINARD TERRACE, BARRA TERRACE AND UIST TERRACE - ERECTION OF 11 HOUSES (INCLUDING 10 CHANGES OF HOUSE TYPE) OVER THREE SITES WITHIN MILL O'MAINS

Councillors Gordon and Bidwell declared a non-financial interest in this item by virtue of their membership of the Home Scotland Area Group, and took no part in the discussion thereof.

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

II PLANNING APPLICATION - VARIATION OF PLANNING APPLICATION - ERECTION OF EIGHT FLATS ON THE SITE OF THE FORMERJACQUES NIGHT CLUB, THE ESPLANADE, BROUGHTY FERRY

There was submitted Agenda Note AN79-2010, making reference to Article I of the minute of meeting of this Committee of 10th November, 2009, wherein the Committee approved planning application 09-00719-FULL, being an application to vary a previous planning permission ( 07-00529-FUL) to erect eight flats on the site of the former Jacques Night Club, the Esplanade, Broughty Ferry, subject to the completion of a Section 75 legal agreement and conditions recommended by the Director of City Development.

It was reported that an existing Section 75 legal agreement was completed by the applicant and the Council which prevented any dwellings built on the site of the former Jacques Night Club from being used as houses of multiple occupation. This agreement was incorporated into planning permissions 06-00405-FUL and 07-00529-FUL.

Advice from the Council's Support Services Legal Services Division had confirmed that no dwellings built on the application site could be converted into Houses of Multiple Occupation due to the existing Section 75 legal agreement.

The Committee therefore agreed to allow the City Development Department to omit the requirement for the completion of a Section 75 legal agreement in respect of planning permission 07-00719-FULL and grant planning permission subject to conditions recommended by the Director of City Development.

III REQUEST FOR DIRECT ACTION

There was submitted Report No 343-2010 by the Director of City Development, seeking authority to take appropriate action to seek compliance with Listed Building and Advertisement Enforcement Notices at 42-44 Commercial Street, Dundee.

The Committee authorised direct action under the terms of Section 38 of the Planning (Listed Building and Conservation Areas) (Scotland) Act 1997 to allow the Council to enter onto land and take the necessary steps to comply with the terms of the Enforcement Notices, having noted that any expense reasonably incurred by the Council taking such action would be recovered from the landowners or lessee.

IV PERFORMANCE INDICATORS FOR DEVELOPMENT MANAGEMENT 2009/2010

There was submitted Report No 330-2010 by the Director of City Development outlining aspects of Development Management performance for the year 2009/2010 in relation to Scottish Government targets and Key Performance Indicators from the City Development Department's Service Plan (the Planning and Transportation Service Plan 2007/2011).

The Committee agreed to:-

(a) note that although there had been a deterioration in performance relating to the determination of planning applications compared with 2008/2009, that this related directly to the reduction in the number of case officers dealing with these applications and to a lesser extent to the extensive changes introduced on 3rd August, 2009 with the Planning etc (Scotland) Act 2006;

(b) note that measures had been put in place to address this deterioration in performance to achieve the targets set in the current service plan and those proposed for the new service plan;

(c) note the achievement of targets relating to the determination of applications for Road Construction Consent;

(d) note the significant drop in the number of planning appeals and that an increasing proportion of appeals were being dismissed;

(e) note a drop in activity relating to planning enforcement and tree protection work;

(f) reaffirm the approach to quality of planning decision making as its predominant requirement while at the same time seeking the adoption of any measures which would increase the speed of decisions whilst otherwise further improving the standard of service to customers and the service; and

(g) acknowledge the major challenge which the Development Management Service faced in achieving satisfactory levels of performance in the face of the issues raised in this report and in particular the complexity of the development management process as introduced by the Planning etc (Scotland) Act 2006.

V QUARRY GARDENS - SITE PLANNING BRIEF

There was submitted Agenda Note AN83-2010, making reference to Article II of the minute of meeting of the City Development Committee of 10th May, 2010, wherein, inter alia, it was agreed to refer the above final site planning brief to the Development Quality Committee as a relevant material consideration.

The Committee noted accordingly.

VI DELEGATED APPLICATIONS

There was submitted Agenda Note AN80-2010, advising that from 22nd April, 2010 to 21st May, 2010, 46 applications were decided under delegated powers. Eight of these had attracted objections and of this total seven were approved and one was refused.

The Committee noted accordingly.

Roderick A J WALLACE, Convener.