Planning Committee (including Former Development Management And Development Quality) - 14/08/2017

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 14th August, 2017.

Present:-

BAILIES

COUNCILLORS

Councillor Will DAWSON, Convener, in the Chair.

The minute of meeting of this Committee of 19th June, 2017 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

The Convener and Councillors Gordon and McCready declared a non-financial interest in respect of Article II(i) by virtue of being a trustee for Leisure & Culture Dundee and also a member of the Regional Performance Centre for Sport Project Board.

Depute Lord Provost Campbell and Councillors Flynn, Lynn, Cruickshank, Hay and Duncan declared a non-financial interest in respect of Article II(i) by virtue of being a member of the Regional Performance Centre for Sport Project Board.

Bailie Macpherson declared a non-financial interest in respect of Article II(i) by virtue of being a former member of the Regional Performance Centre for Sport Project Board, left the Chamber and took no part in the debate thereon, and also in respect of Article II(iv) by virtue of knowing the agent representing the applicant.

II PLANNING APPLICATIONS

(i) 16-00577-FULM - STADIUM, CAIRD PARK, MAINS LOAN - PROPOSED REGIONAL PERFORMANCE CENTRE FOR SPORT AND CAIRD PARK TRAINING GROUND - FOR MR FERGUS WILSON

The Committee acceded to requests for deputations to address the Committee relative to objections to the 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, Lord Provost Borthwick, seconded by Councillor Hay, moved that the application be deferred to allow for clarification of legal issues regarding the Trust Deeds for Caird Park.

As an amendment, the Convener, seconded by Bailie Roberts, moved that the application be not deferred.

On a division, there voted for the motion - Lord Provost Borthwick and Councillors McIrvine and Hay (3); and for the amendment - the Convener, Depute Lord Provost Campbell, Bailies Roberts, Sawers, Keenan and Scott and Councillors Alexander, Cordell, Flynn, Lynn, Murray, Rendall, Short, Smith, Cruickshank, Gordon, McCready, Malone, Marra, Richardson, Scott and Duncan (22) - Bailie Macpherson being absent during consideration of the application - whereupon the motion was declared carried and the application was not deferred.

Thereafter, having considered objections received, the Committee approved the application, subject to the conditions recommended by the Executive Director of City Development.

(ii) 17-00158-FULL - ANTON HOUSE, 5 FORTHILL ROAD, BROUGHTY FERRY, DUNDEE - PART DEMOLITION, CHANGE OF USE AND REDEVELOPMENT TO FORM A CONTEMPORARY RESIDENTIAL DEVELOPMENT - MR ALAN BELL

The Committee acceded to requests for a deputation to address the Committee 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 received by the Executive Director of City Development.

(iii) 17-00159-CON - ANTON HOUSE, 5 FORTHILL ROAD, BROUGHTY FERRY, DUNDEE - DEMOLITION IN A CONSERVATION AREA - FOR MR ALAN BELL

Having considered objections received, the Committee approved the application, subject to the conditions recommended by the Executive Director of City Development.

(iv) 17-00261-FULL - 530 STRATHMARTINE ROAD, DUNDEE - PART CHANGE OF USE TO HOT FOOD TAKEAWAY - FOR MRS AMANDA MITCHELL

It was reported that a request had been received for a deputation to address the Committee in support of the application. The Committee approved the application, subject to the conditions recommended by the Executive Director of City Development and in the circumstances declined to hear the deputation.

(v) 17-00272-FULL - 1 LOCK-UP, 38-42 EMMOCK WOODS DRIVE, DUNDEE - CHANGE OF USE FROM RESIDENTIAL LOCK-UP TO PERSONAL TRAINING GYM - FOR MS SHONA WALES

Councillor Murray, seconded by Councillor Alexander, moved that this application be deferred to allow deputation requests by all interested parties to be made.

As an amendment, the Convener, seconded by Bailie Roberts, moved that the application be not deferred.

On a division, there voted for the motion - Lord Provost Borthwick, Bailies Sawers and Keenan, Councillors Alexander, Cordell, Murray, Short, Smith, Cruickshank, Malone and Richardson (11); and for the amendment - Depute Lord Provost Campbell, Bailies Roberts, Scott and Macpherson and Councillors Flynn, Lynn, Rendall, Gordon, McCready, McIrvine, Marra, Hay, Scott and Duncan (15) - whereupon the amendment was declared carried and the application not deferred.

Thereafter, having considered objections received, the Committee refused the application on the grounds that the proposed development is contrary to Policy 16 - "Small Scale Commercial Uses within Residential Areas of the Dundee Local Plan 2014 as the personal training gym would have a detrimental impact on parking provision and residential amenity. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy.

(vi) 17-00330-FULL - FOOTPATH AT BUS SHELTER, STRATHERN ROAD, BROUGHTY FERRY, DUNDEE - INSTALLATION OF A 15M HIGH MONOPOLE MAST AND ANCILLARY EQUIPMENT - FOR TELEFONICA

The Convener, seconded by Bailie Roberts, moved approval of the application, subject to the conditions recommended by the Executive Director of City Development.

As an amendment, Bailie Scott, seconded by Councillor Duncan, moved refusal of the application on the grounds that the proposed mast and equipment would have an adverse impact on the setting of the Listed Buildings to the south of the application site and on the setting of the adjacent West Ferry Conservation Area. The application would therefore be contrary to Section 59 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, the proposed mast and ancillary equipment would be detrimental to the visual amenity of the area, where the street is lined with trees and is in close proximity to residential properties, listed buildings and the West Ferry Conservation Area. The proposal would not be sensitively designed and sited within the street scape. As such, the proposal would be contrary to criterion 1 of Policy 53: Telecommunications and Policy 7: High Quality Design of the Dundee Local Development Plan 2014. There are no material considerations that would justify laying aside the provisions of the Development Plan to grant planning permission, and the proposal is contrary to criterion 2 of Policy 53: Telecommunications of the Dundee Local Development Plan 2014 as the applicant has failed to demonstrate that there are no more suitable alternative sites for the development. There are no material considerations that would justify laying aside the provision of the Development Plan to grant planning permission.

On a division, there voted for the motion - the Convener, Bailies Roberts and Sawers and Councillors Alexander, Cordell, Lynn, Murray, Rendall, Short, Smith and Cruickshank (11); and for the amendment - Lord Provost Borthwick, Depute Lord Provost Campbell, Bailies Keenan, Scott and Macpherson and Councillors Gordon, Flynn, McCready, McIrvine, Malone, Marra, Richardson, Hay, Scott and Duncan (15) - whereupon the amendment was declared carried and the application refused.

(vii) 17-00337-FULM - LAND TO THE SOUTH OF YEAMANS SHORE AND NORTH OF SOUTH MARKETGAIT, DUNDEE - ERECTION OF A MIXED USE DEVELOPMENT ON A VACANT SITE WITHIN THE CENTRAL WATERFRONT INCLUDING STUDIO, DUNDEE WORKING SPACE AND BUSINESS ACCELERATOR UNITS; URBAN OFFICES AND BUILD TO RENT APARTMENTS - MR ALAN CALDWELL

It was reported that a request had been received for a deputation to address the Committee in support of the application. The Committee approved the application, subject to the conditions recommended by the Executive Director of City Development and, in the circumstances, declined to hear the deputation.

III REQUEST FOR DIRECT ACTION TO REMOVE UNAUTHORISED STATIC CARAVAN, HARDSTANDING AND PROFILE METAL SHEET BOUNDARYFENCE FROM LAND AT PANMUREFIELD, NORTH BALMOSSIE STREET, BROUGHTY FERRY, DUNDEE

There was submitted Report No 262-2017 by the Executive Director of City Development seeking authority to take appropriate action to seek compliance with an Enforcement Notice on Land at Panmurefield, North Balmossie Street, Broughty Ferry, Dundee.

The Committee authorised direct action under the terms of Section 135 of the Town and Country Planning (Scotland) Act 1997 as amended to allow the Council to enter onto land at Panmurefield, North Balmossie Street, Broughty Ferry, and take the necessary steps to comply with the terms of the Enforcement Notice, following the non-compliance of its terms by the landowner.

Thereafter, the Committee authorised the Executive Director of City Development to recover any expense reasonably incurred by the Council taking such action from the landowners.

IV DELEGATED ITEMS

There was submitted Agenda Note AN62-2017 advising that from 27th May, 2017 to 24th July, 2017, 77 applications were decided under delegated powers. Eight of those applications attracted objections, seven of which were approved and one of which were refused.

Will DAWSON, Convener.