Planning Committee (including Former Development Management And Development Quality) - 18/06/2012

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 18th June, 2012.

Present:-

BAILIES

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Committee of 16th April, 2012, was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 12-00165-FULL - CAR WASH, EAST SIDE OF ANNFIELD STREET, DUNDEE - DEMOLITION OF EXISTING CAR WASH FACILITY AND ERECTION OF 400M2 CONVENIENCE STORE WITH ASSOCIATED SERVICING AREAS AND CAR PARKING - FOR MOARK LTD

Councillor Melville declared a non-financial interest in this application by virtue of his previous knowledge of the matter and left the Chamber during its consideration.

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, the Committee refused the application on the grounds that:-

(i) the application was not supported by and was contrary to Employment Policy 2 of the Dundee and Angus Structure Plan 2001/2016 and Policy 22 of the Dundee Local Plan Review 2005 which seek to protect high amenity economic development areas as the proposed use is not Class 4 and does not meet the exceptions in the Local Plan policy by enhancing the attractiveness of the area for business development. There are no material considerations of sufficient weight which would justify a decision contrary to this;

(ii) the application is not supported by and is contrary to Policy 45 of the Dundee Local Plan Review 2005 as it fails to satisfy the sequential test as set out in the Policy; the site is not "edge of centre"; the development has the potential to prejudice the vitality and viability of the District Centre; there is no deficiency in the shopping provisions to be addressed; the site has limited access by bus compared to the District Centre and the application fails to comply with other policies in the Plan. There are no material considerations of sufficient weight which would justify a decision contrary to this; and

(iii) the proposed site layout provides insufficient parking, including disabled spaces, to accommodate the vehicles that this unit would be likely to attract, to the detriment of traffic and pedestrian safety.

(b) 12-00137-FULL - FOOTPATH AT 118 FORTHILL ROAD, BROUGHTY FERRY, DUNDEE - INSTALLATION OF SHARED TELECOMMUNICATIONS BASE STATION AND ANCILLARY EQUIPMENT - FOR TELEFONICA UK LTD

Councillor Cordell declared a non-financial interest in this application by virtue of knowing some of the objectors.

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 due to the unacceptable adverse environmental impact on the area by reason of the scale, design and location of the structure. There are no material considerations that would justify a departure to the provisions of the Development Plan in this instance;

(ii) the proposed development is contrary to Policy 1 of Dundee City Council's adopted Non-Statutory Planning Policies in relation to Telecommunications Masts and Other Apparatus as the applicant has failed to provide sufficient justification for the proposed development and has failed to investigate all alternative sites and designs in order to minimise the visual impact of the proposals;

(iii) the proposed development is contrary to Policy 2 - "Residential Areas" of Dundee City Council's 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 and the proposal is not considered to be an exception to that policy as it is not sensitively located and designed; and

(iv) the proposed development is contrary to Policy 15 - "Mast Sharing and Design Issues" of Dundee City 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 to be insensitively located in the residential area.

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

(c) 12-00053-FULL - WHITE HORSE INN, HAREFIELD ROAD, DUNDEE - DEMOLITION OF FORMER PUBLIC HOUSE AND ERECTION OF CAFE BISTRO/TAKEAWAY WITH ASSOCIATED OFF-ROAD CAR PARKING - FOR MOLINARO 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 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 received, the Committee approved the application subject to the conditions recommended by the Director of City Development, and the additional condition (iv), that the proposed cafe/bistro and takeaway shall only be open to customers between 08.00 and 22.00 hours on Mondays through to Saturdays and between 12.00 hours and 22.00 hours on Sundays in the interests of the amenity of nearby residential occupiers.

(d) 12-00078-FULL - 44 AND 48 CAMPHILL ROAD, BROUGHTY FERRY - ALTERATIONS TO EXISTING DWELLINGS AND CONVERSION OF EXISTING STOREY GARAGE TO DWELLING - FOR MS M VAN DER KUYL

It was reported that a request had been received for a deputation to address the Committee in support of the above application.

The Committee, having considered objections received, approved the application subject to the conditions recommended by the Director of City Development and, in the circumstances, declined to hear the deputation.

(e) 12-00196-FULL - 81 BUTTARS LOAN, DUNDEE - CHANGE OF USE FROM VACANT PUBLIC HOUSE TO THREE RETAIL UNITS - FOR UNITED REAL ESTATE

The Committee acceded to a request for a deputation to be heard relative to objections to the above application. After the deputation had stated its case, it was thanked for its attendance and withdrew.

Thereafter, having considered objections received, Councillor Duncan, seconded by Councillor Asif, moved refusal of the application on the grounds that the application is contrary to Policy 45 of the Dundee Local Plan Review 2005 as the applicant has failed to demonstrate that there are no available sites within the City or District Centres and also the applicant has failed to demonstrate that there is a deficiency in shopping provisions that cannot be met within or on the edge of the City Centre or a District Centre. It is considered that although Policy 42 of the Dundee Local Plan Review 2005 offers support to the upgrading of existing shopping provision at local shopping parades, the contravention of Policy 45 is of significant weight such as to warrant refusal of the application. There are no material considerations that would warrant approval of the application contrary to the terms of Policy 45 of the Dundee Local Plan Review 2005.

As an amendment, the Convener, seconded by Councillor Lynn, moved approval of the application, subject to the conditions recommended by the Director of City Development.

On a division, there voted for the motion - Lord Provost Duncan, Depute Lord Provost Roberts, Bailies Sawers, Wright and Scott and Councillors Guild, Alexander, Black, Campbell, Cordell, McDonald, Murray, Asif, Bidwell, Brennan, Ferguson, Macpherson (17); and for the amendment - the Convener, Bailie Borthwick and Councillors Dawson, Lynn, Melville, Cruickshank, Gordon and McGovern (8) - whereupon the motion was declared carried.

(f) 12-00047-FULL - KEILLER COURT, 66 HORSEWATER WYND, DUNDEE - ALTERATIONS TO BLOCK C TO FORM TWO ADDITIONAL FLATS IN ROOFSPACE, AND ALTERATIONS TO THREE OTHER EXISTING FLATS TO PROVIDE ADDITIONAL ACCOMMODATION - FOR CROSSLANE (HAWKHILL) LLP

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

(g) 12-00150-FULL - PUBLIC HOUSE, 2 WEST PORT, DUNDEE - PAINTING OUTSIDE OF BUILDING - FOR PERTH HOSPITALITY

The Committee approved the application.

(h) 12-00248-FULL - BLACKNESS LIBRARY, 225 PERTH ROAD, DUNDEE - EXTENSION AT REAR OF BUILDING TO PROVIDE A NEW ACCESS/FIRE ESCAPE STAIR, WHEELCHAIR LIFT AND NEW TOILETS - FOR DIRECTOR OF LEISURE AND COMMUNITIES

Lord Provost Duncan and Councillor Gordon declared a non-financial interest in the above application, the former by virtue of being Convener, and the latter a Board member, of Leisure and Culture Dundee.

The Committee approved the application.

II PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN88-2012 advising of the undernoted Planning Appeal decisions:-

(a) 309 STRATHMARTINE ROAD, DUNDEE - INCREASE IN NUMBER OF CHILDREN FROM 12 TO 25 MIXED USE OF DWELLINGHOUSE AND CHILDREN'S DAY NURSERY

Reference was made to Article I(a) of the minute of meeting of this Committee of 19th December, 2011, wherein the above proposal was refused planning permission because the Council considered that:-

(i) 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

(ii) 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.

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.

(b) UNIT A1, KINGSWAY WEST RETAIL PARK - CONSENT TO DISPLAY ADVERTISEMENT

Reference was made to the decision of the Council on 8th February, 2012, under powers delegated to the Director of City Development, to refuse advertisement consent for the above proposal on the grounds that the proposed advertisement, because of its excessive size, 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, and had been dismissed.

III DELEGATED ITEMS

There was submitted Agenda Note AN87-2012 advising that from 22nd March, 2012, 90 applications were decided under delegated powers. Eleven of these applications attracted objections, of these, eight were approved and three were refused.

The Committee noted accordingly.

David BOWES, Convener.