Planning Committee (including Former Development Management And Development Quality) - 19/02/2018

At a MEETING of the PLANNING COMMITTEE held at Dundee on 19th February, 2018.

Present:-

BAILIES

COUNCILLORS

Councillor Will DAWSON, Convener, in the Chair.

The minute of meeting of this Committee of 20th November, 2017 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Bailie Macpherson declared a financial interest in relation to the item of business at Article II(iii) of this minute by virtue of being the applicant for this application, and left the Chamber during consideration of this item.

II PLANNING APPLICATIONS

(a) 17-00853-FULM - FORMER DUNDEE COLLEGE, 30 CONSTITUTION STREET, DUNDEE - CHANGE OF USE AND RE-DEVELOPMENT OF FORMER EDUCATION FACILITY - FOR VOXCAP INVESTMENTS (DUNDEE) 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, the Convener, seconded by the Depute Convener, moved that the application be approved, subject to the conditions recommended by the Executive Director of City Development.

As an amendment, Councillor Flynn, seconded by Councillor Short, moved that the application be refused on the grounds that:-

(i) the proposed development is contrary to Policy 6 of the Dundee Local Development Plan 2014; (DLDP) as the proposed visitor accommodation is not the enhancement of an existing facility and would be located outwith the City Centre;

(ii) the proposed development is contrary to Policy 9 of the DLDP 2014 as it fails to comply with the standards laid out in Appendix 3 of the Plan;

(iii) the proposed development is contrary to Policy 57 of the DLDP as it does not comply with Dundee City Councils adopted guidance on road standards (Streets Ahead) with the national maximum parking standards and the national minimum parking standards.

On a division, there voted for the motion - the Convener, Lord Provost Borthwick, Depute Lord Provost Campbell, Bailies Roberts, Sawers, Keenan, Wright and Macpherson and Councillors Cordell, Lynn, Murray, Rendall, Ross, Cruickshank, Gordon, McCready, McIrvine, Malone, Marra, Richardson, Scott and Duncan (22); and for the amendment - Bailie Scott and Councillors Flynn, Hunter, Short and Hay (5) - whereupon the motion was declared carried.

(b) 17-00889-APCONL - LAND EAST OF GOTTERSTONE DRIVE, DUNDEE -CONSTRUCTION OF A DWELLINGHOUSE - FOR MR J MARR

The Committee acceded to a request for a deputation to address the Committee relative to objections to 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 Convener, seconded by the Depute Convener, moved that the application be approved, subject to the conditions recommended by the Executive Director of City Development.

As an amendment, Councillor Richardson, seconded by Councillor Gordon, moved refusal of the application on the grounds that the design of the proposed house and the 1.8 metre high boundary fence would have an adverse impact on the character and amenity of the site and surrounding area.

On a division, there voted for the motion - the Convener, Depute Lord Provost Campbell, Bailies Roberts, Sawers, Keenan, Scott and Macpherson and Councillors Flynn, Lynn, Murray, Rendall, Short, Cruickshank, Scott and Duncan (15); and for the amendment - Lord Provost Borthwick, Bailie Wright and Councillors Cordell, Hunter, Gordon, McCready, McIrvine, Malone, Marra, Richardson and Hay (11) - Councillor Ross being absent during consideration of the application - whereupon the motion was declared carried.

(c) 17-00913-FULL - 2A ARGYLE STREET, DUNDEE - REMOVE CONSERVATORY AND REPLACE WITH A SINGLE STOREY EXTENSION TO SOUTH ELEVATION TO PROVIDE SUN LOUNGE

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

III PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN6-2018 advising of the undernoted appeal decisions:-

(i) APPEAL DECISION - 17-00272-FULL (PPA-180-2052) - SITE 1 LOCK-UPS, 38‑42 EMMOCK WOODS DRIVE, DUNDEE - PROPOSAL: CHANGE OF USE OF LOCK UP GARAGE TO GYM

Planning application reference 17-00272-FULL sought planning permission for the change of use of a lock-up garage to a gym at 57A William Fitzgerald Way. The application was refused by the Development Management Committee at its meeting on 14th August, 2017. The reason for refusal was that the development was contrary to Policy 16 of the Dundee Local Development Plan 2014 because it would have a detrimental impact on residential amenity and parking provision.

The appointed Reporter UPHELD the appeal and granted planning permission for the development, subject to conditions that restricted the hours of operation, required the submission of a scheme to protect neighbouring properties from noise, was personal only to the occupants of 57A William Fitzgerald Way, restricted the use for a personal training gym for only one client at any one time and required the single space on site to be used solely for the client at the gym.

With these restrictions, 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.

(ii) APPEAL DECISION - 17-00330-FULL (PPA-180-2053) - SITE: FOOTPATH AT BUS SHELTER, STRATHERN ROAD, BROUGHTY FERRY, DUNDEE - PROPOSAL: INSTALLATION OF 15M HIGH MONOPOLE MAST AND ANCILLARY EQUIPMENT

Planning application reference 17-00330-FULL sought planning permission for the installation of a 15 metre high monopole mast and ancillary equipment on Strathern Road. The application was refused by the Development Management Committee at its meeting on 25th July, 2017. The reasons for refusal were that the development was contrary to Policies 7 and 53 of the Dundee Local Development Plan 2014 and Section 59 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 because it would have a detrimental impact on the setting of adjacent listed buildings and the West Ferry Conservation Area. The application was also refused because the applicant had failed to demonstrate that there were no other suitable alternative sites.

The appointed Reporter UPHELD the appeal and granted planning permission for the development on the basis that it would not have a significant detrimental impact on the surrounding area, including on listed buildings or the conservation area. The Reporter added that the proposal would provide infrastructure for improved network services for those living, working and travelling in the area and would accord with the Scottish Governments objectives for digital connectivity.

On that basis, 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.

IV REQUEST FOR DIRECT ACTION TO REMOVE CUT DOWN TREES/SHRUBS AND DEAD VEGETATION LEFT ON SITE AT LAND AT AND AROUNDBALMOSSIE PUMPING STATION, WYVIS ROAD, BROUGHTY FERRY

There was submitted Report No 38-2018 by the Executive Director of City Development seeking authority to take appropriate action to seek compliance with an Amenity Notice at land at and around Balmossie Pumping Station, Wyvis Road, Broughty Ferry, Dundee (as shown in Appendix 1 Figure 1 of the report).

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 and around Balmossie Pumping Station, Broughty Ferry, Dundee and take the necessary steps to comply with the terms of the Amenity Notice, following the non-compliance of its terms by the landowner.

It was further agreed that the Committee authorise the Executive Director of City Development to recover any expense reasonably incurred by the Council taking such action from the landowners.

Will DAWSON, Convener.