Planning Committee (including Former Development Management And Development Quality) - 24/10/2011

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 24th October 2011.

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 19th September, 2011 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 11-00249-FULL - LAND TO THE SOUTH OF FAIRMUIR ROAD, DUNDEE - ERECTION OF A CHEMIST BUILDING WITH DISPENSARY AND CONSULTATION ROOMS (CLASS 1) AND STORAGE AND DISTRIBUTION FACILITIES (CLASS 6) AND FORMATION OF ASSOCIATED VEHICLE ACCESS AND CAR PARKING - FOR CLEPINGTON ROAD LLP

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, Bailie Wright, seconded by Councillor Asif, moved refusal of the application on the grounds that the retailing element of the proposed development is contrary to Policy 45 of the adopted Dundee Local Plan Review 2005 and there are no material considerations that would justify approving this application contrary to the provisions of the Development Plan.

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 and Scott, Depute Lord Provost Borthwick, Councillors Keenan, Asif, and Hay (6); and for the amendment - the Convener, Lord Provost Letford, Bailie Sawers and Councillors Guild, Barrie, Black, Bowes, Andy Dawson, Duncan, Fordyce, Hunter, Lynn, Melville, Roberts, Ross, Bidwell, Ferguson, Gordon, McCready and Macpherson (23) - whereupon the amendment was declared carried.

(b) 11-00395-FULL - DUDHOPE BOWLING CLUB, ADELAIDE PLACE, DUNDEE - ERECTION OF A 15M TALL REPLICA FLAG POLE TO ACCOMMODATE VODAFONE AND TELEFONICA ANTENNA AND TWO GROUND LEVEL CABINETS AND ANCILLARY WORKS FOR VODAFONE/TELEFONICA

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

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

(i) the proposed development is contrary to Policy 1 - Vibrant and Sustainable Communities of the Dundee Local Plan Review 2005 as the scale, design, massing and location of the proposed telecommunications mast will have an incongruous appearance that will adversely affect the environmental quality enjoyed by local residents. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to policy.

(ii) the proposed development is contrary to Policy 1 of Dundee City Councils adopted Non-Statutory Planning Policies in relation to Telecommunications Masts and Other Apparatus as the supporting statement fails to adequately justify why alternative sites are not suitable and hence justify the site selection process.

(iii) the proposed development is contrary to Policy 2 Residential Areas of Dundee City Councils adopted Non-Statutory Planning Policies in relation to Telecommunications Masts and Other Apparatus as there is a general presumption against the siting of free standing masts in residential areas unless the proposal is sensitively sited and designed. By reason of the scale, design, massing and location, the proposed telecommunications mast will have an incongruous appearance and fails to comply with this requirement.

(iv) the proposed development is contrary to Policy 15 Mast Sharing and Design Issues of Dundee City Councils adopted Non-Statutory Planning Policies in relation to Telecommunications Masts and Other Apparatus as the proposal fails to meet the location and design controls exercised by the Council by reason of the scale, design, massing and location, the proposed telecommunications mast will have an incongruous appearance in relation to the surrounding area and it is not considered appropriate for the application site.

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

(c) 11-00392-FULL - NETHERGATE BUSINESS CENTRE, 80 NETHERGATE, DUNDEE (CHANGE OF USE FROM CLASS 4 BUSINESS FOR AVIVA INVESTORS)

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.

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

(d) 11-00572-FULL - 7 DUNDARROCH GARDENS, BROUGHTY FERRY, DUNDEE - EXTENSION TO HOUSE FOR MR AND MRS AL-SAFFAR

The Committee acceded to a request for a deputation to address the Committee 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.

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

(e) 11-00546-FULL - 108 SEAGATE, DUNDEE - ERECTION OF NINE FLATS OVER EXISTING SHOP UNIT - FOR VALMARSHI PROPERTIES 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 to the Director of City Development.

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

(f) 11-00446-FULL - 8 SMITH STREET, DUNDEE - CHANGE OF USE FROM OFFICE/STORAGE/CAR PARK TO VEHICLE REPAIRS WITH OFFICE/STORAGE (RETROSPECTIVE) - FOR BAKER BARDLEY LTD

After considering objections received, the Committee approved the application subject to the conditions recommended by the Director of City Development, and also subject to the additional condition:-

"The car parking area to the south of the building shall be kept at all times for the parking of vehicles associated with the proposed development and all staff vehicles and vehicles being serviced shall be parked in this area and not on Smith Street, to ensure that vehicles do not park on Smith Street in the interests of residential amenity."

(g) 11-00336-PPL - 22 ALBANY ROAD, BROUGHTY FERRY, DUNDEE - PROPOSED DWELLINGHOUSE IN GARDEN GROUND - FOR MR AND MRS DMH MITCHELL

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

(h) 11-00425-FULL - FOOTBALL GROUND - NORTH SIDE OF STREET, ARBROATH ROAD, DUNDEE - FORMATION OF ASTRO TURF TRAINING PITCH WITH ASSOCIATED FENCING AND 12M HIGH FLOODLIGHTS - FOR DUNDEE EAST COMMUNITY SPORTS CLUB

The Convener and Councillors Duncan, Hunter and Gordon declared non-financial interests in the above application by virtue of their positions on the Leisure and Culture Dundee Board. Councillor McCready declared a non-financial interest in the above application by virtue of his former role as Convener of Leisure, Arts and Communities Committee.

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

II PLANNING APPEAL DECISION

There was submitted Agenda Note AN152-2011 advising of the undernoted planning appeal decision.

(i) 224-232 HILLTOWN, DUNDEE - PLANNING PERMISSION, IN PRINCIPLE, FOR THE ERECTION OF 12 FLATS AND ONE SHOP

Reference was made to Article I(b) of the minute of meeting of the Development Management Committee of 16th May, 2011, wherein the above proposal was refused planning permission contrary to the Director's recommendation. The Council considered that the proposal was contrary to Policy 4 and Appendix 1 (Design of New Housing) of the Dundee Local Plan Review 2005, as no off-street parking was provided for the proposed dwellings and that there were no material considerations that would justify a decision contrary to this.

The decision was appealed by the applicant under the provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997.

The appeal was determined by written representations and the decision was received by the Council on 29th August, 2011. Copies of the Reporter's decision letter have already been circulated to members by e-mail.

The Reporter ALLOWED the appeal and granted planning permission, in principle, subject to conditions.

In reaching his decision, the Reporter noted that although there was insufficient space to provide the proposed flats with garden ground in accordance with Local Plan standards, this situation would not be much different from some of the existing flatted tenemental property in the area.

In terms of the lack of car parking, the Reporter accepted the applicant's case that it would not be economically viable to sacrifice the ground floor shop and flat to provide undercroft parking. Whilst the provision of parking would be beneficial, he did not consider that the absence of such provision would create any significant difficulties in terms of local availability of parking or any road safety problems.

He felt the site was unlikely to be redeveloped if it had to meet Local Plan parking and open space standards. He also considered that the proposed infill development would be appropriate and would fit in well with the adjoining development, helping to re-establish the building fabric and urban form.

He considered that the proposal's positive contribution to the wider objectives of the Hilltown Regeneration Framework was an important material consideration that outweighed the failure to meet the Local Plan amenity space and parking requirements and that, in any event, the failure to meet those standards would have no significant adverse impact.

The conditions he imposed were broadly similar to those recommended by the Director of City Development.

III DELEGATED APPLICATIONS

There was submitted Agenda Note AN153-2011 reporting that, for the information of the Committee, that from 22nd August, 2011 to 21st September, 2011, 50 applications were decided under delegated powers. Eight of those applications attracted objections, seven of these were approved, and one was refused.

Roderick A J WALLACE, Convener.