Planning Committee (including Former Development Management And Development Quality) - 14/03/2022

At a MEETING of the PLANNING COMMITTEE held remotely on 14th March, 2022.

Present:-

Lord Provost Ian BORTHWICK

BAILIES

COUNCILLORS

Councillor Will DAWSON, Convener, in the Chair.

The minute of meeting of this Committee of 14th February, 2022 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) 20-00598-FULL - CONVERSION OF EXISTING BUILDING TO FORM 10 RESIDENTIAL APARTMENTS - 6 NICOLL STREET, DUNDEE - FOR MR DUNCAN THORPE

Having considered objections received, the Committee approved the application, subject to the conditions recommended by the Head of Planning and Economic Development.

(b) 20-00597-LBC - CONVERSION OF EXISTING BUILDING TO FORM 10 RESIDENTIAL APARTMENTS - 6 NICOLL STREET, DUNDEE - FOR MR DUNCAN THORPE

Having considered representations received, the Committee approved the application, subject to the conditions recommended by the Head of Planning and Economic Development.

(c) 21-00857-FULM - CHANGE OF USE OF VACANT WAREHOUSE BUILDING FROM FORMER SPORTS CLUB TO 54 FLATS FOR SOCIAL RENT, AND ASSOCIATED WORKS - 55 BURNSIDE STREET, DUNDEE - FOR MR ANDERS AKERMO

The Committee acceded to a request for a deputation to address the Committee in support of the above application which was recommended for approval. 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 Committee approved the application, subject to the conditions recommended by the Head of Planning and Economic Development.

(d) 21-00856-LBC - PROPOSED REMOVAL OF RAILWAY PLATFORM AND PART RAILWAY EMBANKMENT, INTERNAL AND EXTERNAL ALTERATIONS TO FORM 54 FLATS AND ASSOCIATED WORKS - 55 BURNSIDE STREET, DUNDEE - FOR MR ANDERS AKERMO

The Committee approved the application, subject to the conditions recommended by the Head of Planning and Economic Development.

(e) 21-00602-FULM - RESIDENTIAL DEVELOPMENT OF 43 HOUSES AND 24 FLATS WITH ASSOCIATED PARKING AND LANDSCAPING ON FORMER BOC FACTORY SITE - SITE OF FORMER FACTORY, BALLINDEAN ROAD, DUNDEE - FOR CULLROSS LTD/CALEDONIA HOUSING ASSOCIATION/BOC LTD

The Committee acceded to requests for deputations to address the Committee relative to objections to and in support of the above application which was recommended for approval. 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 recommended by the Head of Planning and Economic Development.

(f) 21-00830-FULL - ERECTION OF TWO DRIVE-THRU UNITS, ASSOCIATED ACCESS, CAR PARKING, LANDSCAPING AND INFRASTRUCTURE (AMENDMENT TO 20-00031-FULL) - LAND SOUTH OF RIVERSIDE AVENUE, DUNDEE - FOR EURO GARAGES LTD

The Committee acceded to a request for a deputation to address the Committee in support of the above application which was recommended for approval. 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 Committee approved the application, subject to the conditions recommended by the Head of Planning and Economic Development.

(g) 21-00925-FULL - PROPOSED MIXED USE PATH TO LINK TOM JOHNSTON ROAD WITH LINLATHEN LANE - LAND TO THE WEST OF LINLATHEN LANE AND EAST OF TOM JOHNSTON ROAD, WEST PITKERRO INDUSTRIAL ESTATE, DUNDEE - FOR ALDI STORES LTD

Having considered objections received, the Committee approved the application, subject to the conditions recommended by the Head of Planning and Economic Development.

III PLANNING APPEAL DECISION

Planning Application 21-00070-FULL - 35 Carseview Gardens, Dundee

There was submitted Agenda Note AN16-2022 which made reference to Planning Application 21‑00070-FULL which sought planning permission to demolish the existing dwelling and to erect a replacement dwelling at 35 Carseview Gardens. The application was refused by Planning Committee at the meeting on 16th August, 2021 for the following reasons:-

1. The proposal is contrary to Policy 1 (High Quality Design and Placemaking) as it would result in the loss of a fine sandstone lodge house built in 1892 that has character and is far more appropriate for the setting. Further, the design and size of the proposed new dwelling is inappropriate and out of keeping with the surrounding area and the proposal would fail to contribute positively to the quality of the surrounding built and natural environment. There are no material planning considerations of sufficient weight to justify approval of the application contrary to the Development Plan.

2. The applicant has failed to provide a statement to demonstrate compliance with Policy 48 (Low and Zero Carbon Technology in New Development). There are no material planning considerations of sufficient weight to justify approval of the application contrary to the Development Plan.

Planning appeal reference PPA-180-2068 was submitted and the Reporter appointed by Scottish Ministers issued a decision on 27th January, 2022. The Reporters decision was to ALLOW the appeal and APPROVE PLANNING PERMISSION.

The Reporter considered the issue of demolition of the existing building and concluded that whilst the existing building may have a history and benefit from some interesting detail, it appears to have had a number of unfortunate alterations. The Reporter found that the replacement of the building would not alter or diminish the overall character of the Perth Road Sub-Area of the Conservation Area.

The Reporter considered the design of the replacement dwelling and concluded that the proposed house would contribute positively to the surrounding built environment and respect its character. Also in respect of design, the Reporter noted that reinstating the gap in the stone boundary wall along Glamis Road would ensure that the existing character of Glamis Road is respected.

In respect of non-compliance with Policy 48, the Reporter concluded that a planning condition could be used to secure compliance with Policy 48. In addition, the details of the proposed air source heat pump could also be secured using a condition.

Claim for an Award of Expenses

The appellant had also submitted a claim for an award of expenses. The Council was not found to have acted unreasonably in refusing the application. The claim was dismissed and no expenses were awarded.

The appeal and expenses decisions can be accessed via the following link:

https://www.dpea.scotland.gov.uk/CaseDetails.aspx?id=121822

Will DAWSON, Convener.