Planning Committee (including Former Development Management And Development Quality) - 17/09/2012

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 17th September, 2012.

Present:-

BAILIES

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Committee of 13th August, 2012 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

II PLANNING APPLICATIONS

(a) 12-00423-FULL - LOCK-UPS, CHURCHILL PLACE, BROUGHTY FERRY - PROPOSED HOUSING DEVELOPMENT - 15 APARTMENTS

The Committee acceded to a request which had been received 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 Scott, seconded by Councillor Brennan, moved refusal of the application on the grounds that the application site is not identified in a site planning brief, site specific circumstances do not demand a flatted solution and the conversion of an existing building is not proposed where houses are impractical; the provision of flats on the application site is therefore contrary to the provisions of Appendix 1 of Policy 4 (Design of New Houses) of the Dundee Local Plan Review 2005 and there are no material considerations that would justify laying aside the provisions of Policy 4 to grant planning permission; Blocks A and B of the proposed development will have south facing windows serving habitable rooms that are within 18m of north facing windows serving habitable rooms of neighbouring properties and, in addition, the south facing windows of Blocks A and B that serve habitable rooms will significantly overlook the communal garden grounds of neighbouring flats and the private gardens of neighbouring houses to the south of the application site, the proposals will therefore adversely affect the level of residential amenity afforded to neighbouring properties; the proposed development is contrary to the requirements of Appendix 1 and Policy 4 (Design of New Housing) of the Dundee Local Plan Review 2005 and there are no material considerations that would justify laying aside the provisions of Policy 4 to grant planning permission; the proposed buildings by virtue of scale, massing, design, finishing materials and position on the application site shall appear over dominant in relation to neighbouring buildings to the south of the application site and shall adversely affect the appearance of the Churchill Place and East Links Place streetscapes, and the proposals are therefore contrary to the requirements of Policy 55 (Urban Design) of the Dundee Local Plan Review 2005 and there are no material considerations that would justify laying aside the provisions of the Development Plan to grant planning permission; the proposed development by virtue of scale, massing, design and proximity to neighbouring properties on East Links Place and Churchill Place will have an overbearing impact on neighbouring houses to the detriment of residential amenity and, in this instance, the proposals fail to satisfy the requirements of the Dundee Urban Design Guide and, as a consequence, the proposals are also contrary to the requirements of Policy 4 (Design of New Housing) of the Dundee Local Plan Review 2005 and there are no material considerations that would justify laying aside the provisions of Policy 4 to grant planning permission; and the proposed development will be adversely affected by instances of significant noise disturbance to the detriment of residential amenity due to the proximity of the application site to the scaffolding yard to the east of the application site.

As an amendment, the Convener, seconded by Councillor Black, 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 Borthwick and Scott, and Councillors Cordell, Hunter, Lynn, McDonald, Keenan, Asif, Bidwell, Brennan, Cruickshank, Gordon and McCready (13); and for the amendment - the Convener, Lord Provost Duncan, Bailies Sawers and Wright, and Councillors Alexander, Black, Campbell, Dawson, Melville and Ross (10) - whereupon the motion was declared carried.

(b) FORMER VALENTINE WORKS, KINNOULL ROAD, DUNSINANE INDUSTRIAL ESTATE - MIXED USE DEVELOPMENT COMPRISING CLASS 4 BUSINESS USE, WHOLESALE CASH AND CARRY USE, TRADE COUNTER USE, CAR SHOWROOM USE, AUTOCARE (MOTOR VEHICLE MAINTENANCE) USE, PUBLIC HOUSE, RESTAURANT AND HOTEL USE WITH CAR PARKING, ACCESS, ENVIRONMENTAL IMPROVEMENTS AND OTHER ASSOCIATED WORKS

The Committee acceded to a request for a deputation to address the Committee in support of the above 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, the Committee agreed to defer this application.

(c) 12-00445-FULL - LAND TO THE WEST OF 17 ELCHO DRIVE, BROUGHTY FERRY - CHANGE OF USE OF OPEN SPACE TO GARDEN GROUND

Having considered objections received, Councillor Bidwell, seconded by Councillor Cordell, moved refusal of the application on the grounds that the proposed change of use would result in the loss of an area of public open space which makes an important contribution to the amenity of those using the adjacent footway and cycle path, and the proposed change of use would result in a more intensified use of this area of ground to the rear of properties on Glendevon Way, resulting in an adverse impact on the environmental quality enjoyed by local residents by reason of noise contrary to Policy 1 of the adopted Dundee Local Plan Review 2005 and there are no material considerations that would justify a departure to the Development Plan in this instance.

As an amendment, the Convener, seconded by Councillor Black, 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, Bailies Sawers, Wright, Borthwick and Scott and Councillors Alexander, Campbell, Cordell, Hunter, Lynn, McDonald, Ross, Keenan, Asif, Bidwell, Brennan, Cruickshank, Gordon and McCready (19); and for the amendment - the Convener, and Councillors Black, Dawson and Melville (4) - whereupon the motion was declared carried.

(d) 12-00439-FULL - MAIN PAVILION, BAXTER PARK, BINGHAM TERRACE - ERECTION OF LIGHT COLUMNS AND LIGHTING BOLLARDS ALONG THE MAIN TERRACE AND ADJACENT FOOTPATH AT BAXTER PARK

The Committee approved the application.

(e) 12-00339-FULM - SITE FOR V&A, DISCOVERY QUAY, RIVERSIDE DRIVE - CONSTRUCTION OF THE V&A AT DUNDEE MUSEUM BUILDING AND EXTENSION TO RIVERSIDE WALK

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

III COURTHOUSE APARTMENTS, JOHNSTONE STREET, DUNDEE - APPLICATION TO MODIFY SECTION 75AGREEMENT

There was submitted Report No 353-2012 by the Director of City Development informing the Committee of an application (Ref: 1200379/MDPO) under Section 75A(2) of the Town and Country Planning (Scotland) Act 1997 to modify the terms of a Section 75 Agreement relating to the prohibition of the use of the student accommodation outwith the academic year and seeking the views of the Committee as to how the application should be considered.

The Committee approved the application on the basis of and for the reasons set out in the report and that the planning obligation would have effect, subject to the modifications specified in the application.

IV PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN148-2012 advising of the undernoted planning appeal decision.

(a) WHITFIELD PARISH CHURCH, HADDINGTON CRESCENT, DUNDEE - ERECTION OF A SIX FACE MOUNTED TELECOM ANTENNA ON BUILDING

Reference was made to Article I(e) of the minute of meeting of this Committee of 19th March, 2012, wherein the above proposal was refused planning permission, contrary to the Directors recommendation, because the Council considered that:-

(i) the proposed antenna by virtue of its design, location and finish will appear as an obvious and unsympathetic addition to the existing Whitfield Parish Church building and therefore will adversely affect the appearance of the existing church building. The proposals are contrary to the requirements of Policy 1 (Vibrant and Sustainable Communities) of the Dundee Local Plan Review 2005 and Policies 1 and 15 of the Council's Non-Statutory Planning Policies in Relation to Telecommunications and Other Apparatus November, 2007. There are no other material considerations that would justify laying aside the provisions of the Development Plan to grant planning permission; and

(ii) by virtue of design, location and finish the proposed antenna shall have an adverse impact on the visual amenity of the existing Whitfield Church building and consequently the outlook of neighbouring residential properties. 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.

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 13th August, 2012. 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 reaching his decision, the Reporter considered that the determining issue was whether the proposal would significantly harm the appearance of Whitfield Parish Church or the visual amenity of the area.

He noted the support in Government and Council policy for telecommunications but only where equipment is sensitively sited and designed. He considered that the appellants had given sound reasons for rejecting 11 alternative sites. He regarded the design of the Church as functional and that although the antennae and cable trays would stand proud of the bell tower, their narrow form and camouflage finish would disguise them and minimise their visual intrusion. He therefore concluded that there would be no significant harm to the appearance of the Church.

As only the gable walls of the nearest houses faced the Church, he felt there would be little impact on these properties and as there were trees and an electricity pylon nearby, he felt there would be a minimum visual impact on the wider area.

He noted that the proposals involved equipment sharing by two operators and he concluded that the proposal complied with Policy 78 of the Development Plan on telecommunications equipment and the Councils non-statutory policies on telecommunications development. He further concluded that they would not conflict with the aims of regenerating the area and were consistent with Government policy and advice.

V DELEGATED APPLICATIONS

There was submitted Agenda Note AN149-2012 advising that from 22nd July to 21st August, 2012, applications were decided under delegated powers. Two of these applications attracted objections and both applications were approved.

The Committee noted accordingly.

David BOWES, Convener.