Planning Committee (including Former Development Management And Development Quality) - 23/05/2005

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 23rd May 2005.

Present:-

BAILIES

COUNCILLORS

Councillor Rod WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 25th April 2005 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) LAND ADJACENT TO 18 CAMPFIELD SQUARE, BROUGHTY FERRY, DUNDEE - PROPOSAL TO REPLACE EXISTING TELECOMS FOR ORANGE PLC

This application was withdrawn.

(b) 05-00190-FUL - LAND NORTH OF CAMPFIELD SQUARE, NURSERY ROAD, BROUGHTY FERRY, DUNDEE - PROPOSED INSTALLATION OF A TELECOMS MAST - FOR O2 LTD

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

Thereafter, having considered objections received, Bailie Mackie, seconded by Councillor Webster, moved refusal of the application on the grounds that -

(i) the proposed mast, taking into account its proximity to housing and to an existing mast at Campfield Square, would have an adverse impact on the visual amenity of this predominantly residential area, thus contravening Policies H1 and BE31 of the adopted Dundee Local Plan 1998, Policies 1 and 78 of the Finalised Dundee Local Plan Review, the Council's "Non Statutory Policies in Relation to Telecommunications Masts and Other Apparatus" and Government advice on the siting and design of telecommunications masts set out in NPPG19 and PAN62; and

(ii) the applicants failed to demonstrate, as they are required to do under Policy BE31 of the adopted Dundee Local Plan 1998, Policy 78 of the Finalised Dundee Local Plan Review and the Council's "Non Statutory Policies in Relation to Telecommunications Masts and Other Apparatus", that there is not a better alternative location for the proposed mast which would be more distant from housing and would not therefore have such a significant impact on residential amenity.

As an amendment, the Convener moved approval of the application subject to the conditions recommended by the Director of Planning and Transportation, but failed to find a seconder, whereupon the amendment fell and the motion was declared carried.

(c) 04-00792-FUL - LAND AT DURA STREET, DUNDEE - PROPOSED NEW FOODSTORE FOR LIDL UK

Councillor Wright declared a non-financial interest in this item by virtue of having signed a petition in respect of the application.

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 cases and answered questions from members they were thanked for their attendance and withdrew. Thereafter, having considered objections received, Councillor Morrow, seconded by the Lord Provost, moved refusal of the application on the grounds that the proposal is contrary to Policy BE1 of the Dundee Local Plan 1998 and Policy 55 of the Finalised Dundee Local Plan Review by virtue of the reason that the standard of the design of the new building does not meet the Council's standards for new development by reason of the failure of the scheme to carefully integrate with its surroundings in terms of siting, design, alignment, appearance, massing, scale and materials.

As an amendment, the Convener, seconded by Councillor Scott, 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 Corrigan and Powrie and Councillors Regan, Sturrock, Morrow, Dick, Don, Duncan, Sawers, Roberts and Fordyce (12); and for the amendment - the Convener, Bailies Farquhar, Mackie and Borthwick and Councillors Keenan, Grant, Beattie, Andrew Dawson, Barrie, Webster and Scott (11), Bailie Wright declining to vote, whereupon the motion was declared carried.

(d) 04-01072-FUL - LAND TO THE WEST OF DONALD STREET AND SOUTH OF SOUTH ROAD, DUNDEE - PROPOSED NEW HOUSING DEVELOPMENT FOR BETT RESIDENTIAL

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

The Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

(e) 04-01078-FUL - WEST PARK HALL, 319 PERTH ROAD, DUNDEE - PARTIAL REDEVELOPMENT OF STUDENT RESIDENCES AT WEST PARK HALL - FOR UNIVERSITY OF DUNDEE

Lord Provost Letford and Councillor Webster declared a non-financial interest in this item by virtue of being a member of the University Court and by virtue of being an employee of the University, respectively.

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 cases and answered questions from members they were thanked for their attendance and withdrew. Thereafter, Bailie Powrie, seconded by Bailie Mackie, moved refusal of the application on the grounds that:-

(i) it is considered that the proposed development is contrary to Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 as it neither preserves or enhances the character of the surrounding area given the siting, design, appearance, massing, scale and materials of the new residences;

(ii) it is considered that the proposed development would have an adverse impact on the setting of the main villa of West Park (Category B Listed Building) that is contrary to Section 59 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 by virtue of the siting, design, alignment, appearance, massing, scale and materials of the new residences;

(iii) it is considered that the proposed development is contrary to Policy BE1 of the Dundee Local Plan 1998 and Policy 55 of the Finalised Dundee Local Plan Review by virtue of the fact that the standard of the design of the new buildings does not meet the Council's standards for new developments by reason of the failure of the scheme to carefully integrate with its surroundings as regards scale, form, siting, alignment and materials. There are no material considerations of sufficient strength that would justify the approval of this application contrary to this policy;

(iv) the proposed development is considered to be contrary to Built Environmental Policy BE11 of the Dundee Local Plan 1998 and Policy 61 of the Finalised Dundee Local Plan Review as the proposal is not considered to complement or enhance the character of the conservation area by virtue of the siting, design, alignment, appearance, massing, scale and materials of the new residences. There are no material considerations that would justify the setting aside of these policies and approving the application;

(v) that the proposed development is considered to be contrary to Policy H1 of the Dundee Local Plan 1998 and Policy 1 of the Finalised Dundee Local Plan Review by reason of the adverse impact on the environmental quality enjoyed by local residents by virtue of the cumulative effect of the lack of sufficient on street car parking (resulting in additional on street parking) and the noise resulting from the large numbers of residents and users of the West Park facilities;

(vi) that the proposal will result in the detrimental impact on road traffic and pedestrian safety by virtue of the lack of sufficient on street car and coach parking facilities to be provided for the existing and proposed facilities and also by the failure to provide adequate pedestrian footways within the site; and

(vii) the proposal is considered to be contrary to Policy H1 of the Dundee Local Plan 1998 and Policy 1 of the Finalised Dundee Local Plan Review by virtue of the adverse impact of the proposed development on the setting and the privacy of the existing lodge house located to the south side of the new residences by virtue of the scale, massing, alignment and siting of the proposed structure.

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

On a division, there voted for the motion - Bailies Powrie and Mackie and Councillor Sturrock (3); and for the amendment - the Convener, Bailies Farquhar, Wright, Corrigan and Borthwick, and Councillors Keenan, Regan, Grant, Morrow, Dick, Don, Duncan, Beattie, Andrew Dawson, Sawers, Roberts, Barrie and Fordyce (18); Councillor Scott declining to vote as he had been absent during part of the deliberations, and Lord Provost Letford and Councillor Webster being absent when the vote was taken, whereupon the amendment was declared carried.

(f) 05-00016-COU - FORMER PETROL FILLING STATION, EAST OF 133 BROUGHTY FERRY ROAD, DUNDEE - PROPOSED CAR WASH FOR AUTOSHINE EXPRESS LIMITED

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

(i) the proposed development would result in vehicles entering, leaving and turning right from the A92 within the traffic stream at a point in close proximity to the signalised junction of the A92(T) and Greendykes Road where visibility is restricted thus creating interference with the safety and free-flow of the traffic where volumes are high;

(ii) the proposed development would result in queuing on the Trunk Road which would interfere with the safety and free-flow of Trunk Road traffic, where volumes are high;

(iii) the proposed development, by reason of its poor design, inadequate information on noise generation and associated traffic generation would have an adverse impact on the residential amenities enjoyed by nearby occupiers thus contravening Policy H1 of the adopted Dundee Local Plan 1998 and Policy 1 of the Finalised Dundee Local Plan Review; and

(iv) the proposed development, by reason of its poor design and the failure to provide suitable boundary treatment contravenes Policy 57 of the Finalised Dundee Local Plan Review.

(g) 05-00065-FUL - LAND NORTH OF EAST BALGILLO ROAD AND SOUTHWEST OF LINLATHEN NURSING HOME, ARBROATH ROAD, BROUGHTY FERRY, DUNDEE - CONSTRUCTION OF NEW ROAD FOR LINLATHEN DEVELOPMENTS

After considering objections received, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation, and subject to the additional condition that details of the provision of an oil trap on the bridge over the Dighty 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 prevent pollution of the Dighty.

(h) 05-00140-COU - 6-10 BEAULY AVENUE, DUNDEE - CHANGE OF USE FROM RETAIL SHOP TO HOT FOOD TAKEAWAY - FOR MR I HUSSAIN

The Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

(i) 05-00134-FUL - LAND ADJACENT TO 167 GRAY STREET, BROUGHTY FERRY, DUNDEE - ERECTION OF SINGLE STOREY DWELLINGHOUSE IN GARDEN GROUND - FOR COLIN AND CHARLES MORGAN

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 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 contravenes Policy BE11 of the adopted Dundee Local Plan 1998, Policy 61 of the Finalised Dundee Local Plan Review and fails to discharge the statutory duty to preserve the appearance of the Forthill Conservation Area because it involves the erection of a new house in the garden of a large villa in substantial landscaped grounds and the formalisation of the subdivision of the site into 3 plots, resulting in a new house, an increased area of hard standing and new boundary enclosures, all of which will combine to erode the visual character of the site and thereby detract from the character and appearance of the Forthill Conservation Area; and

(ii) the proposed development contravenes Policy 15(d) of the Finalised Dundee Local Plan Review because the subdivision of the site into 3 plots fails to reflect the prevailing densities in the area and erodes the visual character of the area.

(j) 05-00157-COU - 7 CLAYPOTTS ROAD, DUNDEE - CHANGE OF USE FROM RESIDENTIAL HOME TO FORM 5 FLATS AND TOWNHOUSE FOR TAYFIELD INVESTMENTS

The Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

(k) 05-00178-FUL - SEAFIELD HOUSE, 200 PERTH ROAD, DUNDEE - DEMOLITION OF GARAGE AND ERECTION OF 2 FLATS - FOR MR A CRUICKSHANK AND MR P SALE

Having considered objections received, the Committee refused the application on the grounds that:-

(i) the proposed development is contrary to Policy H10 - Design of New Housing of the Dundee Local Plan 1998 by reason of insufficient parking, facing windows within 18 metres, a garage layout which is unacceptable in the interests of pedestrian safety and an unacceptable scale and location of building. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy;

(ii) the proposed development is contrary to Policy BE11 - Development in Conservation Areas of the Dundee Local Plan 1998 as the location of the vehicle access to the building does not complement and enhance the character of the surrounding area. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy;

(iii) the proposed development is contrary to Policy 4 - Design of New Housing of the Finalised Dundee Local Plan Review 2003 by reason of the development of flats, insufficient parking, lack of amenity/garden space and facing windows within 18 metres;

(iv) the proposed development is contrary to Policy 55 - Urban Design of the Finalised Dundee Local Plan Review 2003 by reason of the layout of the garage entrance which is unacceptable on the grounds of visibility and pedestrian safety; and

(v) the proposed development is contrary to Policy 61 - Development in Conservation Areas of the Finalised Dundee Local Plan Review 2003 as the location of the vehicle access to the building does not preserve or enhance the character of the surrounding area.

(l) 05-00219-FUL - LAND NORTH OF BURNSIDE, RIVER CRESCENT, DUNDEE - ERECTION OF DWELLINGHOUSE - FOR MR AND MRS D SMITH

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

(m) 05-00237-FUL - 22 WEST SCHOOL ROAD, DUNDEE - INSTALLATION OF FRENCH DOORS WITH STEPS AND DECKED ACCESS - FOR MS SANDRA BARR

Councillor Fordyce declared a non-financial interest in the item by virtue of being a neighbour of both the applicant and one of the objectors.

Having considered objections received, the Committee refused the application on the grounds that:-

(i) the proposed development is considered to be contrary to Policy H1 - Existing Residential Areas of the Dundee Local Plan 1998 as it would be likely to adversely affect the environmental quality enjoyed by the local residents by virtue of the impact on the appearance of the building and the privacy enjoyed by adjoining residents. There are no material considerations of sufficient strength to support the granting of planning permission contrary to that policy;

(ii) the proposed development is considered to be contrary to Policy 1 Vibrant and Sustainable Communities of the Finalised Dundee Local Plan Review 2003 as it would be likely to adversely affect the environmental quality enjoyed by local residents by virtue of the impact on the appearance of the building and the privacy enjoyed by adjoining residents; and

(iii) the proposed development, if approved, is likely to create an unacceptable precedent for similar developments in the adjacent buildings, which would have an unacceptable impact on their appearance and the appearance of the surrounding area.

(n) 05-00233-FUL - 40 DAWSON ROAD, DUNDEE - REPLACEMENT OF EXISTING GARAGE WITH PROPOSED NEW GARAGE - FOR MR AND MRS SANDERSON

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

(o) 05-00249-FUL - 23 MONIFIETH ROAD, BROUGHTY FERRY, DUNDEE - ERECTION OF DOUBLE GARAGE FOR MRS J FRENCH

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

(p) 05-00273-COU - 7 ORLEANS PLACE, DUNDEE - CHANGE OF USE FROM RETAIL UNIT TO HOT FOOD TAKEAWAY FOR MR HUSSAIN

The Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation

II PLANNING APPLICATION - PROPOSED THREE STOREY EXTENSION TO HOUSE AT 2 CHRISTIAN ROAD, DUNDEE

There was submitted Report No 328-2005 by the Director of Planning and Transportation advising the Committee that an appeal against the non-determination of the abovementioned Planning Application had been submitted to the Scottish Executive Inquiry Reporters.

The Committee agreed that had the application been determined on the basis of the information submitted by the applicant, it would have been refused for the following reasons:-

(i) the applicant had failed to demonstrate that the proposal was in accordance with Policies H1 and H4 of the Dundee Local Plan 1998 as the scale and massing of the extension was considered unacceptable at this prominent location and would dominate the local streetscape; and

(ii) the applicant had failed to demonstrate that the proposal was in accordance with Policies 1 and 14 of the Finalised Dundee Local Plan Review as the scale and massing of the extension was considered unacceptable at this prominent location and would dominate the local streetscape.

The Committee further agreed that the Council reserves the right to amend its position in this appeal in response to the submission of any additional supporting information by the applicant.

III ENFORCEMENT NOTICE APPEAL DECISION - 29 ADELAIDE PLACE, DUNDEE - ALLEGED UNAUTHORISED ERECTION OF DECKING

Councillor Dick declared a non-financial interest in this item by virtue of knowing the applicant.

There was submitted Agenda Note AN216-2005 advising the Committee that on 8th November 2004 the Council had served an Enforcement Notice in respect of alleged unauthorised decking at the above address.

It was reported that the appeal had been dismissed and the Enforcement Notice upheld with the 60 days for compliance running from the date of the decision notice.

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

There was submitted Report No 278-2005 by the Director of Planning and Transportation advising members of the action taken in dealing with dangerous buildings during the month of March 2005.

The Committee agreed to note the contents of this report.

ROD WALLACE, Convener.