Planning Committee (including Former Development Management And Development Quality) - 19/12/2011

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

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 21st November, 2011 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 11-00458-FULL - 309 STRATHMARTINE ROAD - INCREASE IN NUMBER OF CHILDREN FROM 12 UP TO 25 AT MIXED USE DWELLINGHOUSE/CHILDREN'S DAY NURSERY - FOR MS JANETTE BROWN

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 above 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 and representations received, Councillor Black, seconded by Councillor Gordon, moved approval of the application, subject to conditions to be agreed with the Director of City Development, including, that the permission be limited to a 12 month period, and be closely monitored.

As an amendment, the Convener, seconded by Councillor Keenan, moved refusal of the application on the grounds that:-

(a) the proposed development was contrary to Policy 19 - "Private Day Nurseries" of the Dundee Local Plan Review 2005 as the use failed to comply due to its location on a heavily trafficked road and the impact that additional vehicles parking on Strathmartine Road would have on pedestrian road safety. There were no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy; and

(b) the proposed development was contrary to Policy 1 (Vibrant and Sustainable Communities) of the Dundee Local Plan Review 2005 as the use of this detached house for a mixed use of dwelling and children's day nursery for 25 children failed to comply in respect of parking and traffic movement issues and noise and with other policies in the plan. There were no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy.

On a division, there voted for the motion - Councillor Barrie, Black, Andy Dawson, Will Dawson, Lynn, Asif and Gordon (7); and for the amendment - the Convener, Depute Lord Provost Borthwick, Bailies Sawers, Wright and Scott, and Councillor Guild, Bowes, Duncan, Hunter, Melville, Roberts, Keenan, Bidwell, Ferguson, McCready and Hay (16) - Councillor Ross declining to vote as he was absent during part of the deliberations - whereupon the amendment was declared carried.

(c) 11-00584-FULL - FORMER LOCK-UPS, AUCHRANNIE TERRACE - APPLICATION UNDER SECTION 42 OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 FOR THE REMOVAL OF CONDITION 9 OF PLANNING APPLICATION 10-00098-FULL - FOR HOUSING INVESTMENT UNIT, DUNDEE CITY COUNCIL

The Committee approved the application.

(d) 11-00620-FULL - 82 TO 84 BALLINDEAN ROAD - INSTALLATION OF SHOP FRONT - FOR MR N MAHMOOD

The Committee approved the application.

II PROPOSED TAYPLAN STRATEGIC DEVELOPMENT PLAN 2012/2032

The Convener, and Councillors Will Dawson and Bowes declared non-financial interests in the above item by virtue of their membership of the Tayplan Joint Committee.

There was submitted Agenda Note AN198-2011 advising that the City Development Committee at its meeting on 28th March, 2011, had considered Report No 32-2011 by the Director of City Development and had agreed to ratify the decision of the Tayplan Joint Committee to approve the proposed Tayplan Strategic Development Plan (as amended) for public consultation.

It was reported that consultation on the Plan had taken place over an eight week period during June and July 2011. No modifications to the Plan had been proposed and it was now being submitted to Scottish Ministers for examination.

Given the stage that the Proposed Tayplan Strategic Development Plan was at in the preparation process, the Committee agreed that it was now a material consideration which should be taken into account in the determination of planning applications.

III APPEAL DECISION - NEW HOUSE IN GARDEN GROUND AT 5 THE ESPLANADE, BROUGHTY FERRY, DUNDEE

There was submitted Agenda Note AN199-2011 making reference to Article I(a) of the minute of meeting of this Committee of 18th April, 2011, wherein the above proposal was refused planning permission contrary to the Director's recommendation for the following reasons:-

(a) the proposal was contrary to criteria A and C of Policy 15 of the Dundee Local Plan Review 2005 as the design of the proposed house did not respect the surrounding buildings and the final proportion of ground covered by hardstandings amounted to more than 40% of the original house and garden. There were no material considerations that would justify approval contrary to the provisions of the Development Plan;

(b) the proposal was contrary to Policies 55 and 61 of the Dundee Local Plan Review 2005 as the quality of the design was not of an acceptable standard and the scale and massing of the proposed dwelling did not preserve or enhance the character of the Broughty Ferry Conservation Area. There were no material considerations that would justify approval contrary to the provisions of the Development Plan;

(c) the approval of this application would be contrary to the statutory duty set out in Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 as the proposed house did not blend in with surrounding properties and will have an adverse impact on the character of the Conservation Area; and

(d) the proposal would remove the opportunity for off-street parking for the sub-divided house at 5 The Esplanade at a location where existing off-street parking was extremely limited and this would detrimentally impact on the residential amenities enjoyed by surrounding occupiers.

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 had been dismissed and planning permission refused.

The Committee also noted that the appellants had also lodged a claim for expenses against the Council, arguing that it had been unreasonable in its consideration of the application. The Reporter had concluded that the Council had carried out a proper assessment of the merits of the application and had declined to make an award of expenses.

IV DELEGATED APPLICATIONS

There was submitted Agenda Note AN200-2011, advising that from 22nd October, 2011 to 21st November, 2011, 56 applications had been decided under delegated powers. Ten of these applications had attracted objections, nine of these were approved, and one refused.

The Committee noted accordingly.

Roderick A J WALLACE, Convener.