Planning Committee (including Former Development Management And Development Quality) - 18/09/2017

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 18th September, 2017.

Present:-

BAILIES

COUNCILLORS

Bailie Christina ROBERTS, Depute Convener, in the Chair.

The minute of meeting of this Committee of 14th August, 2017 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Bailie Macpherson declared a non-financial interest in relation to the item of business at Article II(i) of this minute by virtue of the agent for the applicant being known to him through the Friends of Blackness, the Parent Council for Blackness Primary School.

II PLANNING APPLICATIONS

(i) 17-00473-FULL - TAYCHREGGAN HOUSE, 4 ELLIESLEA ROAD, BROUGHTY FERRY - LOWERING OF EXISTING BOUNDARY WALL AND REGRADING OF GROUND - FOR MR KENNETH NICOLL

It was reported that a request had been received for a deputation to address the Committee in support of the application. The Committee acceded to the 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, the Depute Convener, seconded by Councillor Alexander, moved that the application be approved.

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

(i) the application fails to satisfy Policy 7 (High Quality Design) of the Dundee Local Development Plan 2014 due to the proposal's adverse impact on visual amenity and impact on the character of the West Ferry Conservation Area. There are no material considerations of sufficient weight to justify approval of the application contrary to the Development Plan;

(ii) and that the application fails to satisfy the terms of Dundee City Councils Breaches in Boundary Walls Guidance (2010) by significantly reducing the height of the wall to the detriment of character of the street scene and West Ferry Conservation Area; and

(iii) the application fails to satisfy Policy 50 (Development in Conservation Areas) of the Dundee Local Development Plan 2014, and would be contrary to Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 as the proposal fails to retain the original wall which was a feature that contributed to the character and appearance of the West Ferry Conservation Area. There are no material considerations of sufficient weight to justify approval of the application contrary to the Development Plan.

On a division, there voted for the motion - the Depute Convener, Lord Provost Borthwick, Depute Lord Provost Campbell, Bailies Keenan and Wright and Councillors Alexander, Cordell, Hunter, Ross, Short, Murray, Rendall, Smith, Cruickshank, Gordon, Malone, Marra, McCready, McIrvine and Richardson (20); and for the amendment - Bailies Macpherson and Scott, and Councillors Duncan, Lynn, Hay and Scott (6) - whereupon the motion was carried and the application was approved.

(ii) SITE AT JUMPIN JAKS, SOUTH WARD ROAD, DUNDEE - FOR MR DANIEL McLEAN

This application was withdrawn.

III REQUEST FOR DIRECT ACTION TO REMOVE UNAUTHORISED GARAGE FROM 59 FINDHORN PLACE, DUNDEE, DD4 9PF

There was submitted Report No 303-2017 by the Executive Director of City Development seeking authority to take appropriate action to seek compliance with an Enforcement Notice at 59 Findhorn Place, Dundee, DD4 9PF as shown in Appendix 1, Figure 1 of the report.

The Committee agreed:-

(i) to authorise 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 59 Findhorn Place, Dundee, DD4 9PF and take the necessary steps to comply with the terms of the Enforcement Notice, following the non-compliance of its terms by the landowner; and

(ii) to authorise the Executive Director of City Development to recover any expense reasonably incurred by the Council taking such action from the landowners.

IV DELEGATED APPLICATIONS

There was submitted Agenda Note AN74-2017 wherein it was reported for the information of the Committee that from 28th July, 2017 to 27th August, 2017, 51 applications were decided under delegated powers. Seven of those applications attracted objections and all of these applications were approved.

The Committee noted accordingly.

Christina ROBERTS, Depute Convener.