Planning Committee (including Former Development Management And Development Quality) - 04/06/2001

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 4th June, 2001.

 

Present:-

 

COUNCILLORS

 

Lord Provost Helen WRIGHT

Joe FITZPATRICK

C D P FARQUHAR

George de GERNIER

Allan PETRIE

Iain M LUKE

John R LETFORD

George REGAN

Jim BARRIE

Betty WARD

Roderick A J WALLACE

Julia M STURROCK

Jill SHIMI

Kenneth J N GUILD

Neil GLEN

Ian BORTHWICK

John CORRIGAN

Elizabeth F FORDYCE

Robin PRESSWOOD

Dave BEATTIE

Fiona M GRANT

 

Councillor GRANT, Convener, in the Chair.

 

The minute of meeting of this Committee of 14th May, 2001 was held as read.

 

Unless marked thus * all items stand delegated.

 

I PLANNING APPEAL DECISION - LAND AT KINGSWAY WEST (SOUTH OF KINNOULL ROAD), DUNDEE

 

It was reported that the appeal was made under the provisions of Section 182 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997 because the Council had failed to determine the application within the prescribed statutory period. The appeal was determined by written representations and a decision was received by the Council on 9th April, 2001.

 

The proposal was for the erection of a display of eight freestanding illuminated 96 sheet hoardings each 12 metres long spaced along a 200 metre stretch along Kinnoull Road fronting onto Kingsway West.

 

The Reporter considered the determining issue to be whether the proposals would be contrary to the interests of amenity taking into account policy BE6 of the adopted Local Plan which related to this issue. The Reporter acknowledged the appalling state of the site and that the Council had served a Wasteland Notice. Given the landscaped character of the Kingsway corridor the Reporter considered that the hoardings would be visually dominant, intrusive and out of character in this context and this would outweigh any benefit which would accrue from the part screening of the vacant site and therefore the appeal was dismissed.

 

It was noted that the service of a Wasteland Notice was only partially effective and that direct action by the Council had been necessary to supplement attempts by the owners to maintain the entire site in a tidy condition. The site was continually monitored and further action by the Council would be taken as necessary. The outline planning application for a food superstore related development on the site registered with the Council in May 1999 (D24059) could not be determined until the applicant had submitted a retail impact statement and a traffic assessment study in support of the application. The failure of the applicant to submit the necessary statement after a series of reminders resulted in the application being declared invalid and returned. Proposals for the development of this site in accordance with the provisions of the development plan continue to be encouraged.

 

II DTZ PIEDA RETAIL STUDY

 

Reference was made to Article VII of the minute of meeting of the Planning and Transportation Committee of 30th April, 2001 wherein it was agreed inter alia to refer Report No. 70-2001 by the Director of Planning and Transportation and the consultants findings to this Committee as a material consideration in dealing with future planning applications.

 

The Committee approved accordingly.

III PLANNING APPLICATIONS

 

(a)D23849 - Accident & Emergency Unit, Ninewells Hospital and Medical School, Dundee, DD1 9SY - Installation of Emergency Helicopter Land Pad for Dundee Teaching Hospitals NHS Trust

 

After considering objections received the Committee approved the application subject to the conditions recommended by the Building Quality Manager.

 

(b)D25068 - 14 Hillcrest Road, Dundee, DD2 1JJ - Erection of Dwellinghouse and Formation of Vehicle Access with Parking Area for Mrs. I. Lumsden

 

After considering objections received the Committee approved the application subject to the conditions recommended by the Building Quality Manager.

 

(c)D25075 - 306 Perth Road, Dundee, DD2 1AU - Change of Use to Form Supermarket with Hot Food Sales and ATM Facility for A M Landsburgh (St. Andrews) Ltd.

 

The Committee acceded to a request which had been received from West End Community Council for a deputation to be heard against the above application. Once the deputation had stated its case it was thanked for its attendance and withdrew.

 

Thereafter, having considered objections received, Councillor Grant, seconded by Councillor Presswood moved approval of the application subject to the conditions recommended by the Building Quality Manager, and subject to the deletion of the ATM facility.

 

As an amendment Councillor de Gernier, seconded by Councillor Dave Beattie moved that the application be refused on the grounds that the proposed use would create additional traffic congestion to the detriment of the local area in terms of amenity and road safety.

 

As a further amendment, Councillor Luke, seconded by Councillor Shimi, moved approval of the application subject to the conditions recommended by the Building Quality Manager, but also subject to the deletion of the ATM facility and condition 5 being amended to read "goods deliveries to the premises shall only be carried out between the hours of 0700 hours to 0800 hours and after 1830 hours".

 

On a division, there voted for the first amendment - Councillors de Gernier, Regan, Barrie, FitzPatrick, Petrie, Guild, Dave Beattie and Fordyce (8); and for the second amendment - Lord Provost Wright, Councillors Ward, Shimi, Luke, Glen and Wallace (6) - Councillors Grant, Letford, Presswood, Farquhar, Sturrock, Corrigan and Borthwick declining to vote - whereupon the first amendment was declared carried.

 

Thereafter there voted for the motion - Lord Provost Wright, Councillors, Grant, Letford, Ward, Shimi, Presswood, Farquhar, Sturrock, Corrigan, Wallace and Borthwick (11); and for the first amendment -Councillors de Gernier, Regan, Luke, Glen, Barrie, Fitzpatrick, Petrie, Guild, Dave Beattie and Fordyce (10) - whereupon the motion was declared carried and became the finding of the meeting.

 

(d)D25123 - Sidlaw Court, Strathmartine Road, Dundee, DD3 8RD - Retrospective Change of House Types on Plots 2 and 3 for Taylor Shepherd

 

The Committee approved the application subject to the conditions recommended by the Building Quality Manager.

 

(e)D25138 - Former Steel Scaffolding Yard, Lintrathen Gardens, Dundee, DD3 8EJ - Erection of 19 No Dwellinghouses on Site Previously Granted Permission for 21 Houses (D24957) for Buddon Limited

 

After considering objections received the Committee approved the application subject to the conditions recommended by Building Quality Manager.

(f)D25143 - 30 Sunart Street, Broughty Ferry, Dundee, DD5 3HW - Single Storey Extension to South Elevation of House for Mr. and Mrs. Robertson

 

Councillor Wallace declared an interest in this item.

 

The Committee acceded to a request which had been received from Councillor Wallace to be heard against the above application. Once he had stated his case he was thanked for his attendance and withdrew from the meeting until a decision was reached by the Committee.

 

After considering an objection received, the Committee deferred consideration of this application to enable the objector, agent for the applicant and the planning officer concerned, to give further consideration to this matter.

 

(g)D25151 - Milton of Craigie Road North, Dundee, DD4 7RX - Erection of 1 Metre High Electrified Security Fence for Asda Superstore Limited

 

Councillor Grant, seconded by Councillor Sturrock, moved that this application be deferred to enable the Building Quality Manager to obtain additional information.

 

As an amendment Councillor Corrigan, seconded by Councillor Petrie, moved that the application be not deferred.

 

On a division, there voted for the motion - Lord Provost Wright, Councillors Grant, Ward, Shimi, Presswood, Farquhar, Sturrock, Glen, Wallace and Borthwick (10); and for the amendment - Councillors de Gernier, Letford, Regan, Barrie, FitzPatrick, Petrie, Guild, Corrigan, Dave Beattie and Fordyce (10) - Councillor Luke being absent when the vote was taken - there being a parity of votes, the Convener used her casting vote in favour of the motion which was declared carried and became the finding of the meeting.

 

(h)D25174 - 79 Brown Street, Broughty Ferry, Dundee, DD5 1EP - Change of Use from 2 Commercial Units to 2 Residential Flats for Building Craftsmen (Dundee) Ltd

 

Councillor Guild declared an interest in this item.

 

After considering objections received the Committee refused the application on the grounds

 

1.The proposed change of use contravenes Policy EU27 of the adopted Dundee Local Plan 1998 and there are no material considerations to justify the approval of this application contrary to that policy.

 

2.The proposed development would provide an unacceptable standard of residential amenity for the occupiers of the flats contrary to Policy H10 of the adopted Dundee Local Plan 1988 by reason on the lack of parking provision, garden ground and privacy.

 

(i)D25209 - Cedarlea, 19 Cedar Road, Broughty Ferry, Dundee, DD5 3BA - Erection of Conservatory for Mr and Mrs. P. Lyon

 

After considering an objection received the Committee approved this application.

 

 

 

 

FIONA GRANT, Convener.