Planning Committee (including Former Development Management And Development Quality) - 25/10/2004

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 25th October 2004.

 

Present:-

 

Lord Provost John R LETFORD

 

 

 

BAILIES

 

C D P FARQUHAR

John CORRIGAN

Bruce D MACKIE

Helen WRIGHT

Neil I C POWRIE

Ian BORTHWICK

 

COUNCILLORS

 

Jill SHIMI

Fraser MACPHERSON

Joe FITZPATRICK

Kevin KEENAN

Helen DICK

Christina ROBERTS

George REGAN

Nigel DON

Jim BARRIE

Fiona M GRANT

Bob DUNCAN

Roderick A J WALLACE

Christopher HIND

Richard BEATTIE

Charles A WEBSTER

Joe MORROW

Willie W SAWERS

Derek J SCOTT

 

Councillor Rod WALLACE, Convener, in the Chair.

 

The minute of meeting of this Committee of 27th September 2004 was held as read.

 

Unless marked thus * all items stand delegated.

 

I PLANNING APPLICATIONS

 

(a) 04-00624-FUL - BALTIC WORKS, 28 ANNFIELD ROAD - INSTALLATION OF SIX FACE MOUNTED TELECOMMUNICATIONS ANTENNA ON CHIMNEY AND TWO EQUIPMENT CABINS FOR VODAFONE LIMITED

 

After considering objections received, Councillor Macpherson, seconded by Councillor Mackie moved deferral of the application for one month. As an amendment Councillor FitzPatrick seconded by the Lord Provost, moved that the application be not deferred.

 

On a division, there voted for the motion - the Convener, Bailies Farquhar, Wright, Powrie and Mackie; and Councillors Shimi, Keenan, Regan, Grant, Hind, Morrow, Macpherson, Dick, Don, Webster and Scott (16); and for the amendment - Lord Provost Letford, Bailies Corrigan and Borthwick, and Councillors Duncan, Beattie, Sawers, FitzPatrick and Roberts (8); Councillor Barrie being absent when the vote was taken; whereupon the motion was declared carried.

 

(b) 04-00739-FUL - TELEPHONE EXCHANGE, QUEEN STREET, BROUGHTY FERRY - TEMPORARY 18 METRE HIGH MOVEABLE MAST FOR CROWN CASTLE (UK) LIMITED

 

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

 

(i) the proposed mast would be visually prominent above this building and would detract from the setting of St Mary's Church, a Category B listed building, from the Grove Conservation Area and from the amenities enjoyed by nearby residents, thereby contravening Policies BE31(E), BE11 and H1 of the Adopted Dundee Local Plan 1998 and there are no material considerations which would justify the approval of this application contrary to the provisions of the Development Plan; and

 

(ii) the proposed mast would be visually prominent above this building and would detract from the setting of St Mary's Church, a Category B listed building, from the Grove Conservation Area and from the amenities enjoyed by nearby residents, thereby contravening Policy 1 of the Finalised Dundee Local Plan Review, Policies 1.9 and 10 of the Council's "Non Statutory Planning Policies in Relation to Telecommunications and Other Apparatus" and the statutory duties under Sections 59 and 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to have special regard to the protection of the setting of listed buildings and the character or appearance of conservation areas.

 

(c) 04-00757-FUL - LAND TO WEST OF BOWLING GREEN, BLACKNESS ROAD - INSTALLATION OF 12.5 METRE TELECOMMUNICATIONS MAST AND TWO EQUIPMENT CABINS FOR 02 (UK) LIMITED

 

Councillor Don declared a non-financial interest in this item by virtue of living in close proximity to the proposed development.

 

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

 

(i) the application is contrary to Policy BE31, Telecommunications Development of the Dundee Local Plan 1998 as it fails to satisfactorily justify the chosen location of the mast; there are no material considerations of sufficient strength to support the granting of planning permission contrary to the policy; and

 

(ii) the application is contrary to Policy 78, Location of Telecommunications Equipment of the Finalised Dundee Local Plan 2003 and the Council's Adopted Non Statutory Planning Policies in Relation to Telecommunications and Other Apparatus as it fails to satisfactorily justify the chosen location of the mast, the mast would be visually prominent and the site lies immediately adjacent to a public park and a Conservation Area.

 

(d) 04-00753-COU - 3B ELLIESLEA ROAD, BROUGHTY FERRY - CHANGE OF USE FROM OFFICE TO OFFICE AND CHILDREN'S DAYCARE NURSERY FOR MR I FINNIE

 

The Committee acceded to requests which had been received for deputations to address the Committee both in support of and relative to objections to the above application.

 

After the deputations 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, Councillor Scott, seconded by Bailie Wright, moved refusal of the application on the grounds that:-

 

(i) the proposed development would adversely affect the residential amenities enjoyed by adjoining occupiers and protected by Policy H1 of the adopted Dundee Local Plan 1998 by reason of increased levels of traffic using the private driveway to 3B Ellieslea Road, increased parking demands within the site and noise from the operation of the nursery and the use of the outdoor play areas; and

 

(ii) the proposed development would adversely affect traffic and pedestrian safety by reason of the increased usage of the existing access point at Ellieslea Road, taking into account the narrowness and restricted forward visibility of the driveway and the pinch points at the gatepiers on Ellieslea Road and at the stone archway.

 

As an amendment, the Convener, seconded by Councillor Sawers, moved approval of the application subject to the conditions recommended by the Director of Planning and Transportation.

 

On a division, there voted for the motion - Lord Provost Letford, Bailies Farquhar, Wright and Powrie, and Councillors Shimi, Keenan, Regan, Hind, Morrow, Macpherson, Dick, Don, Duncan, Roberts, Webster and Scott (16); and for the amendment - the Convener, Bailies Corrigan, Mackie and Borthwick and Councillors Grant, Beattie, Sawers, FitzPatrick (8); Councillor Barrie being absent when the vote was taken; whereupon the motion was declared carried.

 

(e) 04-00597-FUL - 15 MILLHALL CRESCENT - EXTENSION TO DWELLINGHOUSE FOR MR AND MRS Y YILMAZ

 

The Committee acceded to requests for deputations to address the Committee both in support and relative to objections to the above mentioned application.

 

After the deputations 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 Director of Planning and Transportation.

 

(f) 04-00703-COU - THE DOWNFIELD HOTEL, 530 STRATHMARTINE ROAD - CHANGE OF USE OF PART OF CAR PARK TO BEER GARDEN FOR SPIRIT GROUP

 

After considering objections received, the Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation.

 

(g) 04-00722-COU - UNIT 1, KEILLOR BUILDINGS, MAINS LOAN - CHANGE OF USE FROM FOOD MANUFACTURING AND VISITOR CENTRE TO CHILDREN'S PLAY CENTRE FOR JUNGLE KIDS LIMITED

 

The Committee acceded to a request which had been received for a deputation to address the Committee in support of the above 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, the Committee refused the application on the grounds that:-

 

(i) the proposed development would contravene Policy EU1 of the Adopted Dundee Local Plan 1998 because it would establish a use other than an industrial or business use in a designated General Industrial Area and there are no material considerations that would justify the approval of the development contrary to the provisions of the Development Plan;

 

(ii) the proposed development would contravene Policy LT7 of the Adopted Dundee Local Plan 1998 because it would establish a major leisure use in a new out of centre location which has not been allocated under the terms of that policy and there are no material considerations that would justify the approval of the development contrary to the provisions of the Development Plan;

 

(iii) the proposed development would contravene Policy 18 of the Finalised Dundee Local Plan Review because it would establish a major leisure use in a new out of centre location which has not been allocated under the terms of that policy;

 

(iv) the proposed development would contravene Policy 26 of the Finalised Dundee Local Plan Review because it would establish a non industrial use outwith Classes 4, 5 and 6 in a Central Economic Development Area; and

 

(v) the proposed development would be contrary to pedestrian safety because it would result in the provision of a car park for a children's play centre which potentially would have light industrial traffic passing through it and where it would not be practical to separate the car park from the adjoining industrial uses.

 

(h) 04-00728-COU - 187 PERTH ROAD - CHANGE OF USE FROM SHOP (CLASS 1) TO RESTAURANT (CLASS 3) ON GROUND AND FIRST FOOR FOR YILDRIN IRIDAQ

 

After considering objections received, the Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation.

 

(i) 04-00738-FUL - 77 BROWN STREET, BROUGHTY FERRY - CONVERSION OF SHOP UNIT/OFFICES TO RESIDENTIAL TWO BEDROOM FLAT FOR FERRY PROPERTIES LIMITED

 

The Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation, and subject to an additional condition that:-

 

Details of the treatment of the front elevation of the building, including the coursing and finishing of the blockwork where existing openings are infilled and new openings formed, shall be submitted to the Council for approval before any development is commenced and if approved the development shall be carried out only in full accordance with such approved details, in order to ensure that the proposed development has a satisfactory external appearance, in the interests of the visual amenities of the area.

 

(j) 04-00744-FUL - 5 FINLARIG TERRACE - SINGLE STOREY EXTENSION TO NORTH ELEVATION FOR MR AND MRS McCOMISKIE

 

After considering objections received, the Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation.

 

II SITE PLANNING BRIEF - HILLTOWN JAMAICA WORKS

 

There was submitted Agenda Note AN407-2004 making reference to Article VII of the minute of meeting of the Planning and Transportation Committee of 27th September 2004 wherein it was agreed to refer the above mentioned site planning brief to this Committee as a material consideration in the determination of planning applications.

 

The Committee noted accordingly.

 

III PLANNING APPLICATION FOR PROPOSED FOOD SUPERSTORE AND PETROL FILLING STATION AT SOUTH ROAD RETAIL AREA,SOUTH ROAD

 

Councillor Don declared a non-financial interest in this item by virtue of the fact that he was carrying out a survey into supermarket provision in general in his own ward.

 

There was submitted Report No 664-2004 by the Director of Planning and Transportation, seeking the views of the Committee on its position in advance of the forthcoming Public Local Inquiry following an appeal against the non-determination of the abovementioned planning application.

 

The Committee agreed:-

 

(a) to participate in the forthcoming Public Local Inquiry into the non-determination of the abovementioned planning application;

 

(b) that had the Council determined the application on the basis of the information submitted by the applicant, it would have refused it for the following reasons:-

(i) the applicant has failed to demonstrate that the proposal is in accordance with Town Centres and Retailing Policy 4 of the Dundee and Angus Structure Plan 2001-2016;

 

(ii) the applicant has failed to demonstrate that the proposal is in accordance with Retailing Policies S14, S15 and S20 of the Dundee Local Plan 1998;

 

(iii) the applicant has failed to demonstrate that the proposal is in accordance with Policies 1, 45, 48 and 49 of the Finalised Dundee Local Plan Review;

 

(iv) the applicant has failed to demonstrate that the proposal is in accordance with the guidance set out in National Planning Policy Guideline 8 (Revised 1998) Town Centres and Retailing;

 

(v) the applicant has failed to demonstrate that the proposal can be accommodated within the existing road network; and

 

(vi) the applicant has failed to demonstrate that the proposal can be accommodated on the site without any detrimental affect in terms of noise, air quality, drainage and contaminated land; and

 

(c) to reserve the right to amend its position on this appeal in light of the Reporters Findings on the Finalised Dundee Local Plan Review and on the submission of additional supporting information by the applicant.

 

IV DANGEROUS BUILDINGS - CITY CENTRE RISK ASSESSMENT

 

There was submitted Report No 605-2004 by the Director of Planning and Transportation giving the Committee an interim report of progress on the introduction of a trial risk assessment based approach for dealing with the problems of dangerous buildings within the City Centre.

 

The Committee agreed to:-

 

(a) note the contents of the report;

 

(b) approve the action taken in dealing with "Very High Risk" and "High Risk" properties within the City Centre Trial Area; and

 

(c) remit the Director of Planning and Transportation, in consultation with the Depute Chief Executive (Support Services) and the Depute Chief Executive (Finance), to arrange for detailed inspections and repairs to be carried out by the City Engineer in instances where owners fail to undertake the inspections and remedial works.

 

V BUILDING (SCOTLAND) ACT 1959 - SECTION 3 - DANGEROUS BUILDINGS

 

There was submitted Report No 659-2004 by the Director of Planning and Transportation advising the Committee of action taken in dealing with dangerous buildings during the month of August 2004.

 

The Committee noted the contents of the report.

 

 

 

 

ROD WALLACE, Convener.