Planning Committee (including Former Development Management And Development Quality) - 02/12/2002

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 2nd December 2002.

Present:-

COUNCILLORS

Councillor FIONA GRANT, Convener, in the Chair.

The minute of meeting of this Committee of 25th October 2002 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN306-2002 advising of the undernoted planning appeal decisions:-

(a) 266 HILLTOWN - EXTERNALLY ILLUMINATED ADVERTISEMENT HOARDINGS

Reference was made to the decision of the Council on 8th April, 2002 under powers delegated to the Director of Planning and Transportation following consultation with the Convener, to refuse Advertisement Consent because the proposal would form an incongruous and visually disruptive element in the streetscape in view of their scale and appearance and if approved a precedent could be set for similar proposals in the area.

It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 182 of the Town and Country Planning (Scotland) Act 1997 and Regulation 21 of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 and that the appeal had been upheld in respect of a single 48 sheet hoarding only and subject to conditions relating to landscaping, timber fencing and implementation/maintenance.

(b) LAND WEST OF LAWSIDE ROAD AND SOUTH OF LOONS ROAD - ERECTION OF TEMPORARY, EXTERNALLY ILLUMINATED ADVERTISING HOARDINGS

Reference was made to the decision of the Council on 29th July, 2002 under powers delegated to the Director of Planning and Transportation following consultation with the Convener, to refuse Advertisement Consent because the proposal would represent an unacceptable proliferation of hoardings leading to a detrimental impact on the environment (Dundee Local Plan Proposal HS5).

It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 182 of the Town and Country Planning (Scotland) Act 1997 and Regulation 21 of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 and that the appeal had been dismissed.

(c) 35 EAST DOCK STREET - WALL MOUNTED EXTERNALLY ILLUMINATED 48 STREET ADVERTISEMENT HOARDINGS

Reference was made to the decision of the Council on 19th August, 2002 under powers delegated to the Director of Planning and Transportation following consultation with the Convener, to refuse Advertisement Consent because the proposal would be contrary to Dundee Local Plan Policy BE23 (City Gateways); and Policy BE6 (Advertisements and the Environment).

It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 182 of the Town and Country Planning (Scotland) Act 1997 and Regulation 21 of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 and that the appeal had been dismissed.

II BUILDING (SCOTLAND) ACT 1959 - SECTION 13 - DANGEROUS BUILDINGS

There was submitted Report No 795-2002 by the Director of Planning and Transportation advising members of the action taken in dealing with dangerous buildings during the month of September 2002.

The Committee agreed to note the content of the report.

III FINTRY VILLAGE SQUARE - PHASE 2, SITE PLANNING BRIEF

There was submitted Agenda Note AN307-2002, whereby reference was made to Article IV of the minute of meeting of the Planning and Transportation Committee of 28th October, 2002 wherein, following consultations, the Committee approved an amended Fintry Village Square Site Planning Brief as the basis of guidance for development of the site, and agreed to commend the brief to the Committee as a material consideration for development control purposes.

The Committee noted accordingly.

IV OUTLINE APPLICATION FOR CLASS 4 DEVELOPMENT (D25225), FULTON ROAD, WESTER GOURDIEINDUSTRIAL ESTATE, DUNDEE

There was submitted Agenda Note AN309-2002 advising that an outline application for a new office development on a site located to the east of the new NCR headquarters building on Fulton Road, was registered with this Council on 30th May, 2001. The applicants, Castlelaw Estates Ltd, proposed the provision of 2500 square metres of Class office and ancillary support accommodation on this 0.433 hectare site.

As part of the formal consultation process, Article 15 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 as amended required that the Scottish Executive Development Department - Road Network Management and Maintenance Division (as a Statutory Body) be notified of the proposal as development located within 67 metres of a trunk road (Kingsway West). The Executive were notified of this application by the Council in May 2001. The Executive responded on 26th June seeking an extension to the consultation period and advising that a Transport Assessment was required in order to assess the full impact of the proposal on the adjacent trunk road. The Executive also stated that until the formal issue of a TR/NPA/2, their response must be taken as an intent to respond recommending conditions relating to the application or to refuse the application.

The applicants submitted the requested Transport Assessment to the Executive in November 2001. To date, no formal response TR/NPA/2 from the Scottish Executive on the acceptability or otherwise of the conclusions of the Assessment had been issued. The Council were advised that should they wish to proceed with the determination of the application and that if they were minded to approve the development, they would require to notify the application to the Scottish Ministers. To date, this option had not been pursued as the applicants were still attempting to resolve the matter with the Executive.

It was noted that the delay in the issue of this formal response was now a matter of concern to this Council and the non-determination of the application was frustrating in that development of the site was being blocked and that the Council's performance indicators for the time taken in processing planning applications were being adversely prejudiced.

The Committee remitted to the Director of Planning and Transportation to prepare a report for submission to the next meeting of this Committee relative to the determination of this application.

V TENDERS RECEIVED BY CITY ENGINEER

There was submitted Report No 828-2002 by the City Engineer giving details of offers received in respect of the demolition of fire-damaged property at 12 Main Street.

The Committee agreed to accept the lowest offer by Trojan Contracting and DIY Limited amounting to 3,100 to which required to be added allowances for fees and contingencies amounting to 1,000 giving a total expenditure of 4,100.

VI PLANNING APPLICATIONS

(a) 76-78 GRAY STREET, BROUGHTY FERRY - ELEVATIONAL ALTERATIONS INCLUDING INSTALLATION OF AIR CONDITIONING CONDENSERS TO REAR EXTERNAL WALL FOR THORNTONS PLC

This item was deferred.

(b) 02-00122-OUT - FORMER LAWSIDE WORKS, PATERSON STREET, DUNDEE - PROPOSED HOUSING DEVELOPMENT FOR HILLCREST HOUSING ASSOCIATION

The Committee acceded to requests for deputations to address the Committee in support of and on behalf of objectors to the 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, after having considered objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.

(c) 02-00464-COU - 32-34 DOCK STREET, DUNDEE - CONVERSION TO RESTAURANT AND RESIDENTIAL UNITS FOR MRS W CLOUGH

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

(d) BAXTER PARK BOWLING CLUB - EXTENSION TO BAXTER PARK BOWLING CLUB FOR BAXTER PARK (PRIVATE) BOWLING CLUB

This item was withdrawn.

(e) 02-00498-FUL - OSBORNE TERRACE, 31 CAMPERDOWN STREET, BROUGHTY FERRY - PROPOSED REAR EXTENSION FOR MR AND MRS D GILLESPIE

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

(f) 02-00521-FUL - OLD POLICE STATION, FINTRY ROAD - PROPOSED EXTENSION TO FINTRY VILLAGE GREEN FOR FINTRY COMMUNITY SAFETY PANEL

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

(g) 02-00607-FUL - PROPOSED ERECTION OF GARAGE AND WALL AT 86 STRACHAN AVENUE FOR MR D TOSH

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

(h) 02-00625-FUL - PROPOSED NEW RESTAURANT AT 330 BROOK STREET, BROUGHTY FERRY FOR P & J TAVERNS

The Committee acceded to a request which had been received for a deputation to address the Committee in support of the application. After the deputation had stated its case and answered questions from members of the Committee, it was thanked for its attendance and withdrew.

Thereafter, having considered objections received, Councillor Guild, seconded by Councillor Corrigan, moved refusal of the application on the grounds that the proposed development would be detrimental to residential amenity and was contrary to Leisure & Tourism Policy LT8 of the Local Plan 1998.

As an amendment, the Convener, seconded by Councillor Presswood, moved approval of the application subject to the conditions recommended by the Building Quality Manager.

On a division, these voted for the motion - Cllrs Dawson, Fitzpatrick, Guild, Corrigan, Dave Beattie, Bowes, Scott and Borthwick (8); and for the amendment - the Convener and Cllrs De Gernier, Wright, Ward, Presswood, Regan, Farquhar, Glen, Rolfe, Barrie, Richard Beattie, Fordyce, Mackie, Wallace and Macpherson (15); Cllr Petrie declining to vote - whereupon the amendment was declared carried.

(i) 02-00635-COU - UNIT ONE, AINSLIE STREET, WEST PITKERRO INDUSTRIAL ESTATE - CHANGE OF USE FROM VACANT INDUSTRIAL UNIT TO OFFICES, CAFE, WORKSHOP AND NEWSPAPER KIOSK FOR CRAZE A LTD

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

(j) 02-00655-ADV - 42-44 REFORM STREET, DUNDEE - INSTALLATION OF ADVERTISING SIGNS FOR TOTE BOOKMAKERS LTD

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

(k) 85C DUNDEE ROAD, BROUGHTY FERRY - ERECTION OF CONSERVATORY TO SOUTH ELEVATION FOR MR R DIPPIE

This item was deferred.

(l) 02-00731-FUL - UNIT 22 TAYBANK WORKS, MORGAN STREET, DUNDEE - CREATION OF TWO NEW EMERGENCY EXITS FOR SANOBEG DEVELOPMENTS LTD

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

(m) 02-00736-FUL - 60 GLENDEVON WAY, BROUGHTY FERRY, DUNDEE - ERECTION OF BOUNDARY WALL FOR MR AND MRS INNES

After considering objections received, the Committee refused the application on the grounds that (i) the the proposal is contrary to Policies H1 and H4 of the Dundee Local Plan 1998 as it will have an adverse impact on the visual amenity enjoyed by neighbouring residents. There are no material considerations that would justify approval of the application; and (ii) the proposal is contrary to Policy H1 of the Dundee Local Plan 1998 in terms of the adverse impact on traffic movement and road safety issues due to the loss of a sightline. There are no material considerations that would justify approval of the application.

(n) 02-00760-COU - UNIT 1, 42 BAIRD AVENUE, DRYBURGH INDUSTRIAL ESTATE, DUNDEE - CHANGE OF USE FROM COMPUTER BUSINESS TO PRIVATE DAY NURSERY FOR J MAGENNIS

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

FIONA GRANT, Convener.