Planning Committee (including Former Development Management And Development Quality) - 17/12/2012

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

Present:-

BAILIES

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Committee of 19th November, 2012 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interests were made.

II PLANNING APPLICATIONS

(a) 12-00633-FULL - 6 BATH STREET, BROUGHTY FERRY - RETROSPECTIVE EXTENSION OF CELLAR - FOR GRAHAM ROSIE

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to 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, the Convener, seconded by Councillor Lynn, moved approval of the application, subject to the conditions recommended by the Director of City Development.

As an amendment, Councillor Cordell, seconded by Depute Lord Provost Roberts, moved refusal of the application on the grounds that by virtue of design and finish, the extension adversely impacts on the setting of the C listed building and the character of the surrounding Broughty Ferry Conservation Area. The proposals are therefore contrary to the requirements of Policies 60 (Alterations to Listed Buildings) and 61 (Development in Conservation Areas) of the Dundee Local Plan Review 2005. There are no material considerations that would justify approval of planning permission in this instance.

On a division, there voted for the motion - the Convener, Bailie Sawers, Councillors Black, Lynn, Melville, Keenan, Asif, Cruickshank, Ferguson, Gordon and McGovern (11); and for the amendment -Lord Provost Duncan, Depute Lord Provost Roberts, Bailie Scott and Councillors Guild, Alexander, Campbell, Cordell, McDonald, Murray, Ross, Bidwell, Brennan, McCready and Macpherson (14) - whereupon the amendment was declared carried.

(b) 12-00634-LBC - 6 BATH STREET, BROUGHTY FERRY - LISTED BUILDING CONSENT FOR CELLAR - FOR GRAHAM ROSIE

Having considered objections received the Convener, seconded by Councillor Lynn, moved approval of the application subject to the conditions recommended by the Director of City Development.

As an amendment, Councillor Cordell, seconded by Depute Lord Provost Roberts moved refusal of the application on the grounds that by virtue of design and finish, the extension adversely impacts on the setting of the C listed building. The proposals are therefore contrary to the requirements of Policy 60 (Alterations to Listed Buildings) of the Dundee Local Plan Review 2005. There are no material considerations that would justify approval of planning permission in this instance.

On a division, there voted for the motion - the Convener, Bailie Sawers, Councillors Black, Lynn, Melville, Keenan, Asif, Cruickshank, Ferguson, Gordon and McGovern (11); and for the amendment -Lord Provost Duncan, Depute Lord Provost Roberts, Bailie Scott and Councillors Guild, Alexander, Campbell, Cordell, McDonald, Murray, Ross, Bidwell, Brennan, McCready and Macpherson (14) - whereupon the amendment was declared carried.

(c) 12-00741-FULL - LOCK-UPS, CHURCHILL PLACE, BROUGHTY FERRY - FLATTED HOUSING DEVELOPMENT - FOR MR MICHAEL FERRIER

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

On a division, Bailie Scott, seconded by Councillor Macpherson, 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. There are no material considerations that would justify laying aside the provisions of Policy 4 to grant planning permission; Block A 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. In addition, the south facing windows of Block A 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. 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. The proposals are therefore contrary to the requirements of Policy 55 (Urban Design) 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.

On a division, there voted for the motion - the Convener, Lord Provost Duncan, Depute Lord Provost Roberts, Bailie Sawers and Councillors Guild, Alexander, Black, Campbell, Lynn, Melville, Murray, Ross, Asif, Cruickshank and McGovern (15); and for the amendment - Bailie Scott and Councillors, Cordell, McDonald, Keenan, Bidwell, Brennan, Ferguson, Gordon, McCready and Macpherson (10) - whereupon the motion was declared carried.

(d) 12-00768-FULM - JAMES KEILLER BUILDINGS, MAINS LOAN - REMOVAL OF REQUIREMENT TO UPGRADE FOOTWAY AT MAINS LOAN HOUSING DEVELOPMENT - MR JAMES KEILLER ESTATES LTD

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

(e) 12-00626-ADV - LAND ADJACENT TO DUNCAN OF JORDANSTONE COLLEGE OF ART - CONSENT TO DISPLAY ONE FREESTANDING ADVERTISEMENT UNIT - FOR CLEAR CHANNEL UK LTD

The Committee acceded to a request which had been received for a deputation to address the Committee relative objections to 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 Convener, seconded by Councillor Lynn, moved approval of the application.

As an amendment, Councillor Macpherson, seconded by Councillor McCready, moved refusal of the application on the grounds that the proposed advertisement sign breaches Policy 61 (Development in Conservation Areas) of the Dundee Local Plan Review 2005 and Policy 50 (Development in Conservation Areas) of the Proposed Dundee Local Development Plan in that it fails to preserve or enhance the character of the surrounding area.

On a division, there voted for the motion - the Convener and Councillor Lynn (2); and for the amendment - Depute Lord Provost Roberts, Bailies Sawers and Scott and Councillors Alexander, Black, Campbell, McDonald, Melville, Murray, Ross, Keenan, Asif, Bidwell, Brennan, Cruickshank, Ferguson, Gordon, McCready, McGovern and Macpherson (22) - Lord Provost Duncan, Councillor Guild and Councillor Cordell being absent when the vote was taken - whereupon the amendment was declared carried.

(f) 12-00488-HAZ - EAST CAMPERDOWN STREET DOCKS, DUNDEE - STORAGE AND TREATMENT OF VARIOUS MINERAL OILS - FOR NICK ASHTON UK

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

III POWERHOUSE, MILTON OF CRAIGIE RETAIL PARK, MILTON OF CRAIGIE ROAD NORTH, DUNDEE - MODIFICATION OF S75 PLANNINGOBLIGATION ASSOCIATED WITH PLANNING APPLICATION D16262 TO ALLOW THE SALE OF PET

There was submitted Report No 487-2012 by the Director of City Development requesting that the Committee determine an application to modify the terms of a Section 75 Agreement (previously known as a Section 50 Agreement) to remove the restriction on food sales to allow for the sale of pet food and all pet related products. Members noted that the current terminology for such an agreement was a Section 75 Obligation and the report would use the current terminology thereafter.

Schedule II, the subject of the application be as follows:-

The following categories of goods shall not be sold from any premises on the land:-

(i) Food (other than for consumption within an in-store cafe or a freestanding food unit for consumption on the premises or in take away form).

(ii) Clothing and footwear (other than protective or safety footwear or headgear and clothing normally worn in connection with the repair and maintenance of buildings and motor vehicles).

(iii) Jewellery, silverware, watches and clocks other than as incidental sales within an electrical retail warehouse.

(iv) Toys and sports goods.

The floor space allocated for an electrical retail warehouse on the land shall be limited to a maximum of 1,000m? gross and the following range of electrical goods shall not be sold from premises other than an electrical retail warehouse; radio and television sets, video recorders, record players, tape recorders, stereo and hi-fi equipment, computers, musical instruments, gramophone records, audio visual discs and cassettes, cameras, freezers (which may be sold from such electrical warehouse unit) may only be sold elsewhere as built-in appliances as part of integrated kitchen furniture.

In the event that an electrical retail warehouse is established on adjoining land which is the subject of a Section 50 Agreement executed in relation to planning application D12345 then no electrical retail warehouse shall be established on the site of planning application D14495.

No single retail warehouse will be less than 10,000 ft? gross floor space.

The application proposed that Schedule II of the Obligation be modified as follows:-

The following categories of goods shall not be sold from any premises on the land:-

(i) Food (other than for consumption within an in-store cafe or in a freestanding food unit for consumption on the premises or in take away form).

(ii) Clothing and footwear (other than protective or safety footwear or headgear and clothing normally worn in connection with the repair and maintenance of buildings and motor vehicles.

(iii) Jewellery, silverware, watches and clocks other than as incidental sales within an electrical retail warehouse.

(iv) Toys and sports goods.

The floor space allocated for an electrical retail warehouse on the land shall be limited to a maximum of 1,000m? gross and the following range of electrical goods shall not be sold from premises other than an electrical retail warehouse; radio and television sets, video recorders, record players, tape recorders, stereo and hi-fi equipment, computers, musical instruments, gramophone records, audio visual discs and cassettes, cameras, freezers (which may be sold from such electrical warehouse unit) may only be sold elsewhere as built-in appliances as part of integrated kitchen furniture.

In the event that an electrical retail warehouse is established on adjoining land which is the subject of a Section 50 Agreement executed in relation to planning application D12345, then no electrical retail warehouse shall be established on the site of planning application D14495.

No single retail warehouse will be less than 10,000 ft? gross floor space.

The above restrictions do not apply where the items are intended for the use or consumption by animals.

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

IV APPEAL DECISION

There was submitted Agenda Note AN205-2012 advising of the undernoted planning appeal decision:-

(a) LAND TO THE WEST OF 17 ELCHO DRIVE, BROUGHTY FERRY, DUNDEE - CHANGE OF USE FROM OPEN SPACE TO GARDEN GROUND

Reference was made to Article II(c) of the minute of meeting of this Committee of 17th September, 2012, wherein the above proposal was refused planning permission contrary to the Director's recommendation because the Council considered that:-

(i) 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 cyclepath; and

(ii) 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 from the Development Plan in this instance.

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 26th November, 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, in the context of the provisions of the Development Plan, a change of use to garden ground was justified, particularly taking into account the amenity of adjacent residential property.

He considered that the appeal site was an important component of the buffer area between the A92 Arbroath Road and the houses to the south but did not perform an active open space function. He felt it was not visually prominent and was difficult to access. He therefore concluded that its incorporation into the garden of 17 Elcho Drive would not alter the basic function of the land.

He saw no reason why 17 Elcho Drive, having a larger garden than its neighbours, would lead to higher noise levels and did not think the change of use would lead to a loss of privacy. He concluded that there would be no conflict with Policy 1 of the adopted Local Plan. In granting consent he imposed conditions requiring the use of the land to be limited to purposes incidental to the enjoyment of the house at 17 Elcho Drive, requiring the noise attenuation bund to be retained in perpetuity, requiring the trees not to be felled or lopped without the consent of the Council and any boundary treatment to be agreed with the Council.

V DELEGATED ITEMS

There was submitted Agenda Note AN206-2012 advising that from 22nd October to 21st November, 2012, 38 applications were decided under delegated powers. Four of these applications attracted objections and of these applications, three were approved and one was refused.

David BOWES, Convener.