Planning Committee (including Former Development Management And Development Quality) - 19/06/2006

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 19th June 2006.

 

Present:-

 

Lord Provost John R LETFORD

 

 

 

BAILIES

 

C D P FARQUHAR

Neil I C POWRIE

Bruce D MACKIE

Helen WRIGHT

 

Ian BORTHWICK

 

COUNCILLORS

 

Julia M STURROCK

Bob DUNCAN

Will DAWSON

Fiona M GRANT

Andrew DAWSON

Elizabeth F FORDYCE

Christopher HIND

Rikki BEATTIE

Roderick A J WALLACE

Joe MORROW

Joe FITZPATRICK

Charles A WEBSTER

Helen DICK

Christina ROBERTS

Derek J SCOTT

 

Jim BARRIE

 

 

 

Councillor Rod WALLACE, Convener, in the Chair.

 

The minute of meeting of this Committee of 12th June 2006 was held as read.

 

Unless marked thus * all items stand delegated.

 

I PLANNING APPLICATIONS

 

(a) 06-00248-FUL - LAY-BY SOUTH OF ARBROATH ROAD - INSTALLATION OF 12M HIGH STREETWORKS TYPE TELECOMMUNICATIONS MAST - FOR VODAFONE

 

Councillor Scott declared a non-financial interest in this item by virtue of having an interest in a property near the proposal site.

 

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

 

(b) 06-00294-FUL - LAND SOUTH OF CLEPINGTON ROAD, WEST OF MAINS LOAN - ERECTION OF MEDICAL CENTRE WITH ASSOCIATED PARKING - FOR PRIME (UK) DEVELOPMENTS LTD.

 

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

 

(c) 06-00409-FUL - LAND TO SOUTHEAST OF MULTI-STOREY CAR PARK - ERECTION OF 5 STOREY, 93 BEDROOM HOTEL WITH RECREATIONAL/LEISURE AND RETAIL UNITS ON GROUND FLOOR - FOR SALTIRE LEISURE LTD.

 

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

 

(d) 06-00327-FUL - BELLFIELD HOUSE, 31 BELLFIELD STREET - ERECTION OF 39 RESIDENTIAL UNITS, COMPRISING 30 APARTMENTS AND 9 TOWNHOUSES - FOR SHAKILA PROPERTY.

 

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

 

(e) 05-00961-OUT - LAND TO NORTH AND SOUTH OF DONALDS LANE - OUTLINE PERMISSION FOR THE ERECTION OF 33 DWELLINGHOUSES AND ASSOCIATED GARAGES - FOR VARIOUS APPLICANTS, C/O KDM ARCHITECTS

 

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, the Committee refused the application on the grounds that the proposed development of the land for residential purposes in accordance with the submitted Masterplan would result in the removal of a significant number of trees that are protected by virtue of a Tree Preservation Order that was confirmed in February 2006. This would be contrary to the terms of Policy 72 (Trees and Urban Woodland) of the Dundee Local Plan Review that seeks to encourage the survival and retention of existing healthy trees within development sites. There are no material considerations that would justify the approval of the application contrary to the terms of Policy 72 of the Local Plan Review.

 

(f) 06-00405-FUL - JACQUES NIGHTCLUB, THE ESPLANADE, BROUGHTY FERRY - ERECTION OF 20 FLATS - FOR REDWOOD LEISURE

 

The Committee acceded to requests which had been received for deputations to address the Committee both in support of and relating to objections to the application. After the deputations had stated their cases and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

 

Thereafter, Councillor Grant, seconded by the Convener, moved approval of the application subject to the conditions recommended by the Director of Planning and Transportation and the additional conditions that:-

 

(ix) a right of perpetual public pedestrian access from the Esplanade to the Broughty Ferry Nature Reserve over the pathway shown on the application plans shall be maintained and shall be reserved from all future sales and dealings of the application site, in order to ensure public access to the Broughty Ferry Local Nature Reserve; and

 

(x) there shall be no occupation of the dwellinghouses hereby granted consent until a scheme for disabled access, to the Broughty Ferry Local Nature Reserve is submitted to and approved in writing to the Council; in order to ensure disabled access to the Broughty Ferry Local Nature Reserve;

 

and subject to a Section 75 Agreement being entered into to prohibit the development's use as an HMO and restricting the future use of a particular part of the application site to a footpath for use by pedestrians to gain access to the Esplanade to Broughty Ferry Nature Reserve.

 

Councillor FitzPatrick, seconded by Bailie Borthwick, moved refusal of the application on the grounds that the proposed development was contrary to Policies 4 and 70 of the adopted Local Plan Review 2005 and there are no material considerations that would justify approval of the application contrary to the Development Plan.

 

On a division, there voted for the motion - the Convener, Lord Provost Letford, Bailies Farquhar, Wright and Mackie and Councillors Grant, Hind, Morrow, Dick, Duncan, Beattie, Andrew Dawson, Roberts, Will Dawson and Webster (15); and for the amendment - Bailie Borthwick and Councillors Sturrock, FitzPatrick, Barrie, Fordyce and Scott (6) - Bailie Powrie declining to vote as he was absent during part of the proceedings - whereupon the motion was declared carried.

 

(g) 06-00258-OUT - LARCHFIELD WORKS, 27 LARCH STREET - OUTLINE PERMISSION FOR THE ERECTION OF 8 TOWNHOUSES - FOR EP ENGINEERING CO (DUNDEE) LTD

 

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

 

(h) LAND EAST OF CALDRUM STREET - ERECTION OF 4 FLATS - FOR HILLCREST HOUSING ASSOCIATION

 

This item was withdrawn.

 

(i) 06-00374-FUL - LAND TO SOUTH OF 3 BALMYLE ROAD, BROUGHTY FERRY - ERECTION OF NEW DWELLINGHOUSE - FOR MR R V MORTON

 

After considering objections received, the Committee refused the application on the grounds that (i) the proposed development is contrary to Policies 4 and 15 of the Dundee Local Plan Review 2005 due to its scale and design, its relationship to prevailing densities, the lack of parking provision for the existing house, overlooking and privacy issues, the felling of mature trees and the lack of replacement planting. There are no material considerations that would justify a departure to the provisions of the development plan in this instance; and (ii) the proposed development fails to preserve or enhance the character or appearance of the West Ferry Conservation Area due to the scale and design of the house and the impact on mature trees and is therefore contrary to Policy 61 of the Dundee Local Plan Review 2005 and the statutory duty set out in Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. There are no material considerations that would justify a departure to the provisions of the development plan in this instance.

 

(j) 06-00293-FUL - 32 SHAFTESBURY ROAD - ERECTION OF TWO STOREY EXTENSION - FOR MR D EWAN

 

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

 

(h) 06-00391-LBC - 32 SHAFTSBURY ROAD - ERECTION OF TWO STOREY EXTENSION - FOR MR D EWAN

 

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

 

(i) 06-00244-FUL - 6 ALMOND PLACE - SINGLE STOREY EXTENSION TO NORTH, WEST AND SOUTH OF DWELLINGHOUSE - FOR MR AND MRS W McCAFFERTY

 

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

 

(j) 22 WEST SCHOOL ROAD - INSTALLATION OF FRENCH DOORS WITH STEPS AND DECKED ACCESS - FOR SANDRA BARR

 

Councillors Fordyce and Dick declared a non financial interest in the application by virtue of both being a neighbour of the applicant, and in Councillor Fordyce's case, part of the deputation.

 

The Committee acceded to a request 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, the Committee deferred consideration of the application.

 

(k) 06-00385-FUL-127A TO 129 PERTH ROAD - ERECTION OF TWO SCISSOR ARM CANOPIES ABOVE TWO WINDOW OPENINGS TO FRONT ELEVATION - FOR BELHAVEN BREWERY COMPANY

 

After considering objections received, Councillor FitzPatrick, seconded by Councillor Hind, moved approval of the application.

 

As an amendment, the Convener, seconded by Councillor Webster, moved refusal of the application on the grounds that (i) the proposed development is contrary to Policy 1 - Vibrant and Sustainable Communities of the Dundee Local Plan Review 2005 as the size, design and location will be detrimental to the appearance of the building; the awnings will encourage patrons to congregate on the footway to the detriment of pedestrian and vehicular safety and the use of the proposed awnings will be likely to result in increased noise and smell to local residents. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy; and (ii) the proposed development is contrary to Policy 61 - Development in Conservation Areas of the Dundee Local Plan Review 2005 as it does not preserve or enhance the character of the area. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy.

 

On a division, there voted for the motion - Bailie Borthwick and Councillors Hind, Beattie, Andrew Dawson, FitzPatrick, Roberts, Barrie, Will Dawson and Fordyce (9); and for the amendment - the Convener, Lord Provost Letford, Bailies Farquhar, Powrie and Mackie, and Councillors Sturrock, Grant, Dick, Duncan, Webster and Scott (11); Bailie Wright being absent when the vote was taken, and Councillor Morrow declining to vote - whereupon the amendment was declared carried.

 

(l) 06-00303-FUL - 184 STRATHMARTINE ROAD - INSTALLATION OF RETRACTABLE AWNING ABOVE THE FRONT WINDOW - FOR KINGDOM TAVERNS

 

After considering objections received, Councillor Grant, seconded by Councillor Webster, moved approval of the application subject to the condition that the development hereby permitted shall be commenced within five years from the date of this permission in order to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997.

 

As an amendment, the Convener, seconded by Lord Provost Letford, moved refusal of the application on the grounds that the proposed development is contrary to Policy 1 - Vibrant and Sustainable Communities of the Dundee Local Plan Review 2005 as the size, design and location will be detrimental to the appearance of the building; the appearance of the building; the awning will encourage patrons to congregate on the footway which will be likely to result in increased noise and smell to local residents and increased litter in the vicinity. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy.

 

On a division, there voted for the motion - Bailie Borthwick and Councillors Sturrock, Grant, Hind, FitzPatrick, Roberts, Barrie, Will Dawson, Fordyce and Webster (10); and for the amendment - the Convener, Lord Provost Letford, Bailies Farquhar, Powrie and Mackie and Councillors Morrow, Dick, Duncan, Beattie, Andrew Dawson and Scott (11) - Bailie Wright being absent when the vote was taken - whereupon the amendment was declared carried.

 

II TELECOMMUNICATIONS AND HEALTH

 

There was submitted Agenda Note AN216-2006, making reference to Article I(b) of the minute of meeting of this Committee of 5th December 2005 wherein the Director of Planning and Transportation was remitted to contact the Health Protection Agency (HPA) with a view to establishing the current position with regard to health concerns in connection with telecommunications apparatus.

 

It was reported that a letter was issued to the HPA on 13th December 2005 summarising the Council's concerns and requesting clarification as to when it expected research to have reached such a stage that revised and unambiguous guidance to local authorities could be issued in respect of the undertaking of their duties as planning authorities, and a response letter dated 19th May 2006 had been received from the Deputy Director of HPA.

 

It was noted that the response letter outlined the extent of and progress with technical research and indicated how the industry, government and the Board of the National Radiological Protection Board (now HPA) had been working together to offer advice and information to the public. The letter also indicated that Sir William Stewart was concerned that people should be involved in the choice of sites for telecommunications stations in their local areas and that planning authorities should take local concerns into account. No indication in the letter was given as to if and when revised/updated guidance may be issued to planning authorities either nationally or in Scotland.

 

It was further reported that the Deputy Director had indicated that he would be prepared to organise a visit to Dundee to address the Council's concerns.

 

The Committee agreed that:-

 

(a) the response of the Health Protection Agency be noted and the progress with research monitored;

 

(b) the Scottish Executive Development Department be again made aware of the Council's concerns and of the response of the Health Protection Agency; and

 

(c) representatives of the Health Protection Agency be invited to address a meeting of the Development Quality Forum.

 

III BUILDING (SCOTLAND) ACT 2003 - SECTIONS 29 & 30 - DANGEROUS BUILDINGS

 

There was submitted Report No 375-2006 by the Director of Planning and Transportation advising members of the action taken in dealing with dangerous buildings during the month of April 2006.

 

The Committee noted the contents of the report.

 

 

 

ROD WALLACE, Convener