Planning Committee (including Former Development Management And Development Quality) - 26/03/2001

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 26th March 2001.

Present:-

COUNCILLORS

Councillor Grant, Convener, in the Chair.

The minute of meeting of this Committee of 26th February 2001 was held as read.

Unless marked thus * all items stand delegated.

I TOWN AND COUNTRY PLANNING (HAZARDOUS SUBSTANCES)(SCOTLAND) REGULATIONS 1993 - APPLICATION (UNDER REGULATION 5(3)) FOR THE CONTINUATION OF DEEMED HAZARDOUS

There was submitted report no 143-2001 by the Director of Planning and Transportation relative to the above.

The Committee agreed that for the reasons specified in Section 6.7 of the report the permission be granted to continue the existing conditional deemed hazardous substance consent in respect of the Midmill Holder Station site, Pitkerro Road.

II PLANNING APPEAL DECISION - WILLIAM FITZGERALD WAY/EMMOCK WOODS DRIVE

Reference was made to the minute of meeting of this Committee of 13th August 2000 wherein the above proposal was refused permission contrary to the recommendation of the Director on the grounds detailed therein.

It was reported that the applicants had subsequently appealed against the foregoing decision and that the appeal had been upheld with conditions relating to shop opening hours, litter bins, cycle parking, acoustic assessment scheme, design detailing, landscaping, finishing materials samples, completion of footpath facilities and visibility displays.

It was also noted that expenses in regard to the appeal had been awarded against the Council.

III PLANNING APPLICATIONS

(a)D24938 - Former Taybank Works, 64 Arbroath Road, Dundee - Convert High Mill Building to 18 Flats and Erect 43 Houses for Clova Homes

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

(b)DLB01852 - Former Taybank Works, 64 Arbroath Road, Dundee - Convert and Extend Existing High Mill Building. Modify External Walls and Demolish Remainder of Internal Structure of Low Mill for Clova Homes

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

(c)D25025 - 30 Kirk Street, Dundee - Alterations to Extend Waste Transfer Station Operations for Mr Ramsay McBain

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

(d)D25036 - 92 Forfar Road, Dundee - Erection of Single Storey House for G Nicol

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

(e)D25063 - 278 Blackness Road, Dundee - Change of Use from Vacant to Hot Food Takeaway for Mancal Holdings Ltd

After considering objections received the Committee refused the application on the grounds that:-

(i)a development of this nature would by reason of noise, litter, anti-social behaviour and road and traffic safety be inappropriate so close to residential property and would detract from surrounding residential amenity and as such is contrary to Policy H1 of the Dundee Local Plan 1998 and there are no material considerations for setting aside the terms of this policy.

(ii)the proposal is contrary to Policy LT8 of the Dundee Local Plan 1998 by virtue of the proximity of the proposed unit to nearby residential properties and the adverse impact the proposal will have on the residential amenity of the occupants of these properties and there are no material considerations which would justify setting aside the terms of this policy.

(iii)a development of this nature would be inappropriate in this location by virtue of the detrimental effect the use would have on road traffic and pedestrian safety of the area.

(f)D25064 - 137 Pitkerro Road, Dundee - Use of Premises for the Sale of Hot Food for The Acme Trading Company Ltd

The Committee acceded to requests which had been received for deputations to be heard in support of and relative to objections to the above application. Once the deputations had stated their cases they were thanked for their attendance and withdrew.

Thereafter having considered objections received the Committee on the motion of Councillor Petrie, seconded by the Convener, refused the application on he grounds that

(i)the proposed development contravened Policy LT8 of the Dundee Local Plan 1998 because it was within 30 metres of houses and there were no material considerations that would justify the approval of the application contrary to the adopted Plan,

(ii)the proposed development would have an adverse impact on the residential amenities enjoyed by nearby occupiers and protected under Policy H1 of the Dundee Local Plan 1998 by reason of noise and disturbance, particularly late at night time, and by reason of litter and traffic and parking problems and (iii) the proposed development would lead to parking difficulties and would be detrimental to road traffic and pedestrian safety because of the restricted parking facilities adjacent to the site and the location of the bus stop and pedestrian crossing.

(g)D25074 - Dunalister Gardens, Broughty Ferry, Dundee - Erection of Dwelling House for Importa Limited

It was reported that a request had been received for a deputation to be heard relative to objections to the application.

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

(i)the proposed development contravenes Policy BE4(B), (E) and (I) of the Dundee Local Plan 1998 by reason of the existing level of development in the former garden ground of Dunalister, the siting of the proposed house and the felling of a mature driveway tree and there are no material considerations that would justify the approval of this application contrary to the Plan.

(ii)the proposed development contravenes Policy H10 of the Dundee Local Plan 1998 because an adequate area of useable garden ground is not provided for the house, the site being steeply sloping and under the canopy of trees and there are no material considerations that would justify the approval of this application contrary to the Plan.

(iii)the proposed development would detract from the setting of Dunalister, a Category B listed building and the setting of the Forthill Conservation Area by reason of the siting of the proposed house and the felling of a mature driveway tree.

In the circumstances the Committee declined to hear the deputation.

(h)D25093 - 3 Montgomerie Avenue, Dundee - Dormer Extension to West Elevation of Dwelling House for Mr and Mrs Watt

After considering objections received, the Committee refused the application on the grounds that the proposed dormer are not in accordance with Housing Policy H4 of the Dundee Local Plan 1998 as they would have a detrimental affect on the visual appearance of the house and the surrounding area. There are no material considerations that would justify departing from the policies of the development plan in this instance.

(i)D25016 - Claypotts, Baldovie Road, Dundee - Approval of Reserved Matters Relating to Outline Planning Permission D24269 for the Erection of Mixed Use Development Including Industrial Units, Retail Foodstore, Fast Food Restaurant, Petrol Filling Station, Car Parking and Formation of New Access Roads

The Committee heard the Director of Planning and Transportation who advised that the application was for the discharge of reserved maters relating to outline planning permission D24269 for a mixed use development at Claypotts/Baldovie Road, Dundee by Sainsbury Supermarkets Ltd, which was granted planning permission following the meeting of this Committee on 25th October 1999.

The Director further advised that in addition to these matters outlined in the report, the Committee was also requested to consider the reserved matter relating to the "means of access to the buildings". As part of this application the applicants had submitted drawings setting out the access to the foodstore and petrol station, industrial units and drive thru' restaurant, as well as details of the realigned Tom Johnstone Road and the new link to Arbroath Road within the approved application site. All details submitted were considered to be acceptable.

In the circumstances the Committee approved the application including the reserved matter relating to "means of access to the buildings".

FIONA GRANT, Convener.