Planning Committee (including Former Development Management And Development Quality) - 04/12/2000

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 4th December 2000.

 

Present:-

 

COUNCILLORS

 

George de GERNIER

Andrew DAWSON

Iain M LUKE

John R LETFORD

Bruce D MACKIE

Jim BARRIE

Betty WARD

Roderick A J WALLACE

Julia M STURROCK

Jill SHIMI

Kenneth J N GUILD

Neil GLEN

Ian BORTHWICK

Derek J SCOTT

Elizabeth F FORDYCE

Robin PRESSWOOD

John CORRIGAN

Fiona M GRANT

Richard BEATTIE

Dave BEATTIE

David BOWES

Allan PETRIE

C D P FARQUHAR

Mervyn J ROLFE

 

Councillor GRANT, Convener, in the Chair.

 

The minute of meeting of this Committee of 30th October 2000 was held as read.

 

Unless marked thus * all items stand delegated.

 

I PLANNING APPEAL DECISIONS

 

(a) 3 Wiston Place - Erection of Canopy and Fence

 

Reference was made to the minute of meeting of this Committee of 28th February 2000 wherein the above proposal was refused planning permission on the ground detailed therein.

 

The Committee noted that the applicants had subsequently appealed against the foregoing decision and that the appeal had been upheld.

 

(b) Lethnot Street, Broughty Ferry - Erection of House

 

Reference was made to the minute of meeting of this Committee of 20th December 1999 wherein the above proposal was refused planning permission on the ground detailed therein.

 

The Committee noted that the applicants had subsequently appealed against the foregoing decision and that the appeal had been dismissed.

 

(c)Unit 1, Stack Leisure Park - Change of Use from Discotheque to Class 1 Retail Use

 

Reference was made to the minute of meeting of this Committee of 30th January 2000 wherein the above proposal was refused planning permission on the grounds detailed therein.

 

The Committee noted that the applicants had subsequently appealed against the foregoing decision and that the appeal had been dismissed.

 

(d) 288 Brook Street, Broughty Ferry - Erection of Dwellinghouse

 

Reference was made to the minute of meeting of this Committee of 27th March 2000 wherein the above proposal was refused planning permission on the grounds detailed therein.

 

The Committee noted that the applicants had subsequently appealed against the foregoing decision and that the appeal had been dismissed.

 

II SAINSBURY'S SUPERMARKETS LIMITED - CLAYPOTTS - OUTCOME OF JUDICIAL REVIEW PROCEEDINGS

 

Reference was made to Article I(f) of the minute of meeting of this Committee of 25th October 1999 wherein the Council resolved to grant planning permission for the above development subject to conditions and the recording of a legal agreement under Section 75 of the Act between the Council and all parties having an interest in the land.

 

It was reported that Bett Properties and The Scottish Metropolitan Property plc on 23rd March 2000 sought judicial review on the grounds that the Councils decision of 25th October 1999 was ultra vires and that on 6th September 2000 Lord Macfadyen delivered his judgement and dismissed the petition.

 

It was further reported that on 21st September 2000 Bett Properties and The Scottish Metropolitan Property plc had sought judicial review to have Lord Macfadyens judgement set aside on points of law, however, this application was withdrawn before it could be determined by the Inner House of the Court of Session with expenses being awarded to the Council.

 

The Committee noted that the Section 75 Agreement had been satisfactorily concluded and would shortly be recorded whereupon the outline planning permission would be issued.

 

III CERTIFICATE OF APPROPRIATE ALTERNATIVE DEVELOPMENT AT PLOTS 12 AND 14 ADJACENT TO THE A92 BALMOSSIE/PANMUREFIELD

 

It was reported that an application has been made under the Land Compensation (Scotland) Act on behalf of Mr D Reid seeking a certificate of appropriate alternative development for housing development on land which was required for the dualling of the A92.

 

After giving consideration to the planning points highlighted by the Director of Planning and Transportation, the Committee agreed that negative certificates be issued in respect of the foregoing.

 

IV LOCAL TRANSPORT STRATEGY

 

Reference was made to the minute of meeting of this Committee of 30th October 2000 wherein it was resolved to endorse the policy statements in the Draft Local Transportation Strategy for Dundee.

 

The Committee agreed that the Local Transportation Strategy be adopted by the Development Quality Committee as a material consideration in the determination of planning applications and in the discharge of related responsibilities.

 

V TAY WASTEWATER PROJECT - OPERATION AT DOUGLAS TERRACE, BROUGHTY FERRY

 

Reference was made to the minute of meeting of this Committee of 28th August 2000 wherein planning consent was granted in respect of the above, subject to conditions restriction the hours of work.

 

It was reported that a request had been received from the contractor to extend the permitted hours of operation.

 

After discussion, the Committee agreed that consideration of this matter be deferred to a special meeting.

 

VI DANGEROUS BUILDING AT 64 - 70 BELL STREET - SECTION 13 BUILDING (SCOTLAND) ACT 1959

 

It was reported that on 21st October 2000, a section of chimney had collapsed from the above four storey tenement building resulting in a large section of masonry falling into the street causing damage to a parked car and the adjacent lower slated roof.

It was further reported that emergency works had been carried out and a Notice under Section 13 of the Building (Scotland) Act was served on the owners of the property requiring them to carry out works to make the building safe and repair the defect.

 

The period of notice given for these works had now expired and the owners had made no attempt to either contact the City Engineer or to carry out the required works.

 

In the circumstances, the Committee authorised the serving of an Order under the above Act giving a statutory period of twenty one days to carry out the works and should the necessary works not be carried out within this timescale, the City Engineer be authorised to obtain tenders and report these back to a future meeting of the Committee.

 

VII PLANNING APPLICATIONS

 

(i)D24198 - Kingsway West/Clepington Road, Dundee - Redevelopment of Kingsway West Retail Park to Provide Fourteen Retail Units, Fast Food Outlet, Detention Pond, Bus Terminus, Cycle Parking and Service Yards for Ravenside Investments Limited

 

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 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 Building Quality Manager and subject to consideration being given to traffic management initiatives.

 

(ii)D24288 - Kingsway West/Clepington Road, Dundee - Redevelopment and Expansion of Existing Tesco Superstore to Form a New Superstore, Petrol Filling Station, New Customer Vehicular Access, Bus Stance, Associated Car Parking, Servicing and Landscaping for Tesco Stores Limited/Ravenside Investments Limited

 

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 Convener, seconded by Councillor Presswood, moved approval of the application, subject to the conditions recommended by the Building Quality Manager but subject to conditions 16-18 being amended from 23.00 to 22.00.

 

As an amendment, Councillor Beattie, seconded by Councillor Corrigan, moved as above but subject to Conditions 16-18 being amended from 23.00 to 21.00.

 

On a division, there voted for the motion - the Convener and Councillors de Gernier, Letford, Ward, Shimi, Presswood, Farquhar, Luke, Glen, Guild, Bowes and Wallace (12); and for the amendment - Councillors Sturrock, Barrie, Richard Beattie, Dawson, Petrie, Corrigan, Dave Beattie, Fordyce and Borthwick (9); Councillors Rolfe, Mackie and Scott declining to vote - whereupon the motion was declared carried.

 

As a further amendment, Councillor Mackie, seconded by Councillor Rolfe, moved approval of the application, subject to the conditions recommended.

 

On a division, there voted for the motion - the Convener and Councillors de Gernier, Letford, Ward, Shimi, Presswood, Farquhar, Luke, Sturrock, Glen, Barrie, Richard Beattie, Dawson, Petrie, Guild, Corrigan, Dave Beattie, Fordyce, Bowes, Wallace and Borthwick (21); and for the amendment - Councillors Rolfe, Mackie and Scott (3) - whereupon the motion was declared carried.

(iii)D24652 - Ardler Phase 1D, Site Bounded by Turnberry Avenue and Rosemount Road, Dundee - Erection of Seventy nine Residential Units, Associated Roads and Parking, Landscaping and Creation of New "Pocket Park" for Wimpey Homes Holdings Limited

 

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

 

(iv)D24654 - Macalpine Road/Americanmuir Road, Dundee - Erection of Twenty four Bed Nursing Home for Caslebeck Care (Teesdale) Limited

 

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

 

(v)D24799 - 5 Fairfield Road, Dundee - Erection of Office Building/Workshop for George Martin Builders

 

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

 

(vi)D24800 - 5 Fairfield Road, Dundee - Erection of Sheltered Housing Complex for Gowrie Housing Trust

 

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

 

(vii)D24837 - 33-37 Buttars Loan, Dundee - Alterations to Access and Car Park for Mr N Jamal

 

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

 

(viii)D24872 - 301 Perth Road, Dundee - Refurbishment of Existing Coach House/Stables to Form Granny Flat for Ahmet Zeki Agacan and Ruth Beatrice Saxon

 

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

 

Councillor Barrie declared an interest in this item and took no part in the determination thereof.

 

(ix)D24878 - Existing Builders Yard, Hospital Street/Coldside Road, Dundee - Erection of Engineering Warehouse with Ancillary Offices, Yard, Parking Area and External Works for Sangobeg Developments Limited

 

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

 

(x)D24888 - 48 Reres Road, Broughty Ferry, Dundee - Erection of Wooden Shed/Garage and 1.8M Wooden Panel Fence for Mr Murray A Flett

 

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

 

(xi)D24889 - 17 Arklay Street, Dundee - Extension to Public House, Upper Floor Terrace and New Shop Front for Mr and Mrs C Airlie

 

The Committee acceded to a request which had been received for a deputation to be heard in support of the above application. Once the deputation had stated its case it was thanked for its attendance and withdrew.

 

Thereafter, having considered objections received, the Committee refused the application on the grounds that -

 

(1) the proposed extension to public house was not in conformity with Leisure and Tourism Policy KLT8 of the Dundee Local Plan 1998 as it would result in a licensed premise within thirty metres of existing residential properties and would detrimentally affect the environmental quality enjoyed by existing residents: there were no material considerations that would justify departing from the policies of the development plan in this instance; and

 

(2) the proposed extension to the public house would not be in conformity with Housing Policy H1 of the Dundee Local Plan 1998 as it would increase the size of a public house to an extent that it would detrimentally affect the environmental quality enjoyed by existing residents due to disturbance from noise and create an upper floor amenity area that would result in significant overlooking: there were no material considerations that would justify departing from the policies of the development plan in this instance.

 

(xii)D24896 - Scottish Hydro Electric Office and Depot, Claverhouse Industrial Park East, Dundee - Change of Use, Extension and Alteration to Provide Motor Sales and Workshop Facilities for Struan Motors

 

The Committee acceded to a request which had been received for a deputation to be heard in support of the application. Once the deputation had stated its case it was thanked for its attendance and withdrew.

 

Thereafter, the Convener, seconded by Councillor Guild, moved refusal of the application on the grounds that -

 

(1) the proposed development contravened Policies EU2 and S27 of the adopted Dundee Local Plan 1998 which prohibit car sales businesses on prime industrial estates and there were no material considerations which would justify the approval of this application contrary to the Local Plan; and

 

(2) the approval of this application contrary to the terms of the adopted Local Plan would set a precedent for similar developments which would have an adverse impact on the supply of prime industrial land within the city.

 

As an amendment, Councillor Rolfe, seconded by Councillor Petrie, moved approval of the application.

 

On a division, there voted for the motion - the Convener and Councillors de Gernier, Letford, Ward, Presswood, Barrie, Richard Beattie, Dawson, Guild, Corrigan, Fordyce, Bowes, Mackie and Wallace (14); and for the amendment - Councillors Shimi, Farquhar, Luke, Sturrock, Glen, Rolfe, Petrie, Dave Beattie, Scott and Borthwick (10) - whereupon the motion was declared carried.

 

(xiii)D24907 - 19 Nelson Street, Dundee - Retrospective Change of Use from Dwelling to Multiple Occupancy for Mr and Mrs M Blair

 

The Committee acceded to a request which had been received for a deputation to be heard in support of the application. Once the deputation had stated its case it withdrew.

 

Thereafter, the Committee refused the application on the grounds that the use of this house as an HMO contravened Policy H14 of the adopted Dundee Local Plan 1998 and there were no material planning considerations that would justify the approval of this application contrary to that policy.

 

Councillors Grant, Richard Beattie, Glen, Dawson and Fordyce took no part in the determination of this application.

 

(xiv)D24911 - Vacant Ground, Drumlanrig Drive and South of Drumlanrig Drive, Mid Craigie, Dundee - Mid Craigie Phase 3 Housing Development - Forty Units (Eight Flats - Thirty two Semi Detached Houses) for Angus Housing Associates

 

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

 

(xv)D24927 - Ellengowan Housing Estate, Ellengowan Drive, Dundee - Provision of Refuse Stores at Ellengowan Housing Estate for Northern Housing Company Limited

 

After considering objections received, the Committee approved the application.

 

(xvi)D24932 - Land to East, 8A Montague Street, Barnhill, Dundee - Erection of Two Storey House with Integral Double Garage for Mr and Mrs Ure

 

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

 

 

 

 

FIONA GRANT, Convener.