Planning Committee (including Former Development Management And Development Quality) - 19/12/2016

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 19th December, 2016.

Present:-

BAILIES

COUNCILLORS

Councillor David BOWES, Convener, in the Chair.

The minute of meeting of this Committee of 21st November, 2016 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

There were no declarations of interest.

II PLANNING APPLICATIONS

(a) 16-00769-FULL LAND WEST OF LIBRARY, QUEEN STREET, BROUGHTY FERRY, DUNDEE - PROPOSED ERECTION OF FIVE FLATTED DWELLINGS FOR BROOMVALE LTD

The Committee acceded to a request for a deputation to address the Committee in support of the above application. After the deputation had stated their case and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

Thereafter, having considered objections received, the Convener, seconded by Councillor Dawson, moved approval of the application, subject to the conditions recommended by the Executive Director of City Development.

As an amendment, Councillor Bidwell, seconded by Bailie Scott, moved refusal of the application on the grounds that:-

The proposal is contrary to Policy 9 Design of New Housing of the Dundee Local Development Plan (2014) which states that all new housing development will require to conform to the guidance on the Design of New Housing set out in Appendix 3. Appendix 3 states that flats may be acceptable through conversions of buildings of merit where conversions to houses is not suitable or achievable, or where identified in a Site Planning Brief. The application is for a new build flatted development where there is no Site Planning Brief supporting such a form of development.

The proposal is contrary to Policy 7 High Quality Design and Policy 50 Development in Conservation Areas of the Dundee Local Development Plan (2014) in that an inappropriate design is presented for the setting within Forthill Conservation Area and adjacent to the Category B listed Gullistan House and Category C listed public library.

The proposed development would not be in accordance with Scottish Planning Policy or Historic Environment Scotland Policy as it would not maintain quality in the historic environment or attain high standards of design sensitive to the surrounding historic character. The statutory duty set out in Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 would not be discharged through the approval of planning.

On a division, there voted for the motion - the Convener, Bailie Sawers and Councillors Alexander, Black, Campbell, Dawson, Lynn, Murray, Ross, Asif, Ferguson and Gordon (12); and for the amendment - Depute Lord Provost Roberts, Bailies Scott and Borthwick and Councillors Guild, McDonald, Short, Keenan, Bidwell, Cruickshank, McCready and Macpherson (11); Councillor Brennan being absent during part of the consideration of the application - whereupon the motion was declared carried.

III PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN99-2016 advising of the undernoted appeal decisions:-

(a) ERECTION OF DETACHED DWELLINGHOUSE - LAND TO THE EAST OF 61 GOTTERSTONE DRIVE

Reference was made to Article II(a) of the minute of meeting of this Committee of 16th May, 2016 whereby planning application reference 16-00244-PPPL sought planning permission, in principle, for the erection of a detached dwelling. The application was refused by the Development Management Committee at its meeting on 16th May, 2016. The reason for refusing planning permission, in principle, was that the erection of a house on the site would adversely impact on the character and environmental quality of the Gotterstone Drive streetscape by virtue of the loss of an area of informal open space that enhances the amenity and well-being of the properties and residents it serves. Therefore, the proposed development did not enhance the distinct character or identity of Gotterstone Drive and was contrary to Policy 9 (Design of New Housing) of the Dundee Local Development Plan 2014.

The appointed Reporter ALLOWED the appeal on the grounds that the addition of a new property, of appropriate design and height and would be in keeping with the residential character of the surrounding area. The Reporter found that a dwelling that met the required design standards could be accommodated within the plot, in relation to a number of rooms/total floor area, provision of off-street parking and distance between facing windows of habitable rooms. The detailed design of such a dwelling would be subject to further approval. The Reporter stated that the loss of the informal open space, which was in private ownership and was not protected or part of the Councils green network, would not be of sufficient weight to refuse the application on the basis that each of the surrounding houses have private garden space and the site is close to other areas of public open space, including Claypotts Park which could be accessed without crossing any roads. The Reporter concluded that the current informal use of the land and siting of items of street furniture were not material matters of sufficient weight to outweigh the requirements of the local Development Plan. For these reasons, the Reporter concluded that the proposed development complied with the relevant provisions of the Development Plan and stated that there were no material considerations which would justify refusing to grant planning permission for the development.

(b) PROPOSED CAR WASH: 133B BROUGHTY FERRY ROAD, DUNDEE

Reference was made to Article II(b) of the minute of meeting of this Committee of 16th May, 2016 whereby planning application reference 16-00285-FULL sought planning permission to erect a secure site accommodation building within the car wash facility under construction at 133B Broughty Ferry Road, Dundee. The application was refused by the Development Management Committee at its meeting on 16th May, 2016. The reason for refusing planning permission was because the proposed secure site accommodation building by virtue of scale, design and massing would adversely impact on the appearance of the Broughty Ferry Road streetscape to the detriment of the amenity of neighbouring residential properties. Therefore, the proposed development failed to comply with the requirements of Policies 7 (High Quality Design) and 16 (Small Scale Commercial Uses within Residential Areas) of the Dundee Local Development Plan 2014.

The appointed Reporter ALLOWED the appeal on the grounds that the proposed building would have no adverse effect on the streetscape of the Broughty Ferry Road, neighbouring residential properties or nearby listed buildings. The Reporter also added that the proposal would result in an acceptable small scale commercial development within a residential area, and would result in major improvement over the visual impact of the former petrol station. For these reasons, the Reporter concluded that the proposed development complied with the relevant provisions of the Development Plan and stated that there were no material considerations which would justify refusing to grant planning permission for the development.

David BOWES, Convener.