Planning Committee (including Former Development Management And Development Quality) - 04/06/2007

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 4th June, 2007.

Present:-

BAILIES

COUNCILLORS

Bailie Roderick A J WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 23rd April, 2007 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 06-00516-FUL - LIFF HOUSE, WEST GREEN PARK - ERECTION OF SWIMMING POOL, HOME CINEMA, DOUBLE GARAGE, GRANNY FLAT AND FRONT PORCH - FOR MR AND MRS MARR

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

(b) 06-00530-LBC - LIFF HOUSE, WEST GREEN PARK - ERECTION OF SWIMMING POOL, HOME CINEMA, DOUBLE GARAGE, GRANNY FLAT AND FRONT PORCH - FOR MR AND MRS MARR

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

(c) 07-00197-COU - 107 ARBROATH ROAD - CHANGE OF USE FROM BAKERY/SANDWICH BAR TO SANDWICH BAR AND HOT FOOD TAKEAWAY - FOR MS SAHYMA IQBAL

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

(d) 07-00199-FUL - 27 INVERGOWRIE DRIVE - ATTIC CONVERSION AND EXTENSION FOR MR AND MRS SCRIMGEOUR

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to the above-mentioned 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 approved the application subject to the conditions recommended by the Director of Planning and Transportation.

(e) 07-00209-COU - 1 TO 5 ALBERT STREET - EXTERNAL SEATING AREA ON FOOTPATH ADJACENT TO PUBLIC HOUSE - FOR ROSEMOUNT TAVERNS LIMITED

The Committee acceded in support of a request which had been received for a deputation to address the Committee in support of the above mentioned 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 change of use from a public footpath to an outdoor seated area is considered to be contrary to Policy 1 "Vibrant and Sustainable Communities" and Policy 53 "Licensed and Hot Food Premises outwith the City Centre" of the Dundee Local Plan Review 2005 due to the proximity of a licensed premise to residential properties. The area will encourage patrons to gather and the resulting increase in noise will be detrimental to the environmental quality enjoyed by local residents. Also, in terms of public safety, the proposal fails to meet the minimum criteria required for the safe passage of pedestrians and wheelchair users on a public footway. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to local plan policy.

(f) 07-00221-COU - 10 DUNDONALD STREET - EXTERNAL SEATING AREA ON FOOTPATH ADJACENT TO PUBLIC HOUSE - FOR ROSEMOUNT TAVERNS LIMITED

The Committee acceded to a request which had been received for a deputation to address the Committee in support of the above mentioned 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 change of use from a public footpath to an outdoor seated area is considered to be contrary to Policy 1 "Vibrant and Sustainable Communities" and Policy 53 "Licensed and Hot Food Premises outwith the City Centre" of the Dundee Local Plan Review 2005 due to the proximity of a licensed premise to residential properties. The area will encourage patrons to gather and the resulting increase in noise will be detrimental to the environmental quality enjoyed by local residents. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to local plan policy.

(g) 07-00272-ADV - LAND ADJACENT TO 16 SEAFORTH ROAD, ARBROATH ROAD - ERECTION OF FREE STANDING DOUBLE SIDED ILLUMINATED ADVERTISING SIGN - FOR CLEAR CHANNEL UK LIMITED

After considering objections received, Bailie Borthwick, seconded by Councillor Fordyce, moved refusal of the application on the grounds that the proposed development would be detrimental to visual and residential amenity.

As an amendment, the Convener, seconded by Councillor Keenan 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 - Bailies Scott and Borthwick and Councillors Bidwell, Black, Bowes, Andrew Dawson, Duncan, Fordyce, Hunter, Roberts and Hay (11); and for the amendment - the Convener, Lord Provost Letford, Bailies Wright and Regan and Councillors Keenan, Asif, Gordon, Ferguson, McCready, Morrow, Macpherson, Dick and Don (13) - whereupon the amendment was declared carried.

(h) 07-00274-ADV - LAND ADJACENT TO 52 PITKERRO ROAD - ERECTION OF FREE STANDING DOUBLE ILLUMINATED ADVERTISING SIGN - FOR CLEAR CHANNEL UK LIMITED

Councillor Roberts declared a non-financial interest in this application by virtue of having objected to the proposed development and left the meeting during its consideration.

The Committee acceded to a request which had been received for a deputation to address the Committee in respect of objections to the above-mentioned 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, Bailie Borthwick, seconded by Councillor Fordyce, moved refusal of the application on the grounds that the proposed development would be detrimental to visual and residential amenity.

As an amendment, the Convener, seconded by Councillor Keenan, 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 - Bailies Scott and Borthwick and Councillors Bidwell, Black, Bowes, Andrew Dawson, Don, Duncan, Fordyce, Hunter and Hay (11); and for the amendment - the Convener, Lord Provost Letford, Bailies Wright and Regan, Councillors Keenan, Asif, Ferguson, Gordon, McCready, Morrow, Macpherson and Dick (12) - Councillor Roberts being absent when the vote was taken - whereupon the amendment was declared carried.

(i) 07-00275-ADV - LAND OPPOSITE MONYMUSK PARK, ARBROATH ROAD - ERECTION OF FREE STANDING DOUBLE ILLUMINATED ADVERTISING SIGN - FOR CLEAR CHANNEL UK LIMITED

Councillor Roberts declared a non-financial interest in this application by virtue of having objected to the proposed development and left the meeting during its consideration.

The Committee acceded to a request which had been received for a deputation to address the Committee in respect of objections to the above-mentioned 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, Bailie Borthwick, seconded by Councillor Fordyce, moved refusal of the application on the grounds that the proposed development would be detrimental to visual and residential amenity.

As an amendment, the Convener, seconded by Councillor Keenan, 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 - Bailies Scott and Borthwick and Councillors Bidwell, Black, Bowes, Andrew Dawson, Duncan, Fordyce, Hunter and Hay (10); and for the amendment - the Convener, Lord Provost Letford, Bailies Wright and Regan, Councillors Keenan, Asif, Ferguson, Gordon, McCready, Morrow, Macpherson, Dick and Don (13) - Councillor Roberts being absent when the vote was taken - whereupon the amendment was declared carried.

(j) 07-00277-ADV - LAND AT LONGTOWN ROAD, KINGSWAY EAST - ERECTION OF FREE STANDING DOUBLE ILLUMINATED ADVERTISING SIGN - FOR CLEAR CHANNEL UK LIMITED

Councillor Roberts declared a non-financial interest in this application by virtue of having objected to the proposed development and left the meeting during its consideration.

The Committee acceded to a request which had been received for a deputation to address the Committee in respect of objections to the above-mentioned 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, Bailie Borthwick, seconded by Councillor Fordyce, moved refusal of the application on the grounds that the proposed development would be detrimental to visual and residential amenity.

As an amendment, the Convener, seconded by Councillor Keenan, 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 - Bailies Scott and Borthwick and Councillors Bidwell, Black, Bowes, Andrew Dawson, Don, Duncan, Fordyce, Hunter and Hay (11); and for the amendment - the Convener, Lord Provost Letford, Bailies Wright and Regan, Councillors Keenan, Asif, Ferguson, Gordon, McCready, Morrow, Macpherson and Dick (12) - Councillor Roberts being absent when the vote was taken - whereupon the amendment was declared carried.

(k) 07-00287-FUL - 28 CLOVIS DUVEAU DRIVE - EXTENSION TO EXISTING GARAGE TO PROVIDE BEDROOM AT FIRST FLOOR LEVEL AND STUDY TO GROUND FLOOR - FOR MR AND MRS BRAYNION

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

(l) LAND BETWEEN 60 AND 62 FINTRY PLACE, BROUGHTY FERRY - ERECTION OF FOUR CAR GARAGE - FOR MS A BOYLE

This item was withdrawn.

(m) 07-00293-FUL - 84 MORTIMER STREET - ERECTION OF GARAGE - FOR MR DAVIDSON AND MRS LEPINE

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

(n) 07-00321-FUL - 16 COUPAR ANGUS ROAD - ERECTION OF DWELLINGHOUSE IN GARDEN GROUND - FOR MR AND MRS KNIGHT

After considering objections received, the Committee refused the application on the grounds that the proposed development is considered to be contrary to Policy 4 of the Dundee Local Plan Review 2005 as it fails to provide garden area that constitutes as useable private garden space for the proposed dwelling. The proposed development is contrary to the Policy 15 of the Dundee Local Plan Review 2005 due to its poor relationship with prevailing densities in the area and that no tree survey has been submitted to allow for a landscape assessment to be carried out.

(o) 07-00313-FUL - 5 ELMWOOD DRIVE - REPLACEMENT ROOF TO PROVIDE ATTIC ACCOMMODATION INCLUDING DORMER FORMATION - FOR MR AND MRS C ANDERSON

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

(p) 07-00358-FUL - ROAD FROM LOWER ST VINCENT STREET, ALONG KING STREET, LEADING ON TO CASTLE STREET, BROUGHTY FERRY - UPGRADING OF EXISTING BROUGHTY FERRY SEWER NETWORK - FOR SCOTTISH WATER

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

II PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN150-2007 advising the Committee of the undernoted planning appeal decisions:-

(a) 16-18 WHITEHALL STREET - CHANGE OF USE FROM CLASS 1 (RETAIL) TO CLASS 2 (FINANCIAL), PROFESSIONAL AND OTHER SERVICES

Reference was made to the decision of the Council on 23rd August, 2006 under powers delegated to the Director of Planning and Transportation to refuse planning permission in respect of the above application as it was considered that the proposal would result in an unacceptable Class 2 use within the retail core contrary to the provisions of Policy 34 of the Dundee Local Plan Review 2005.

It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997 and the appeal had been dismissed.

(b) 217 BLACKNESS ROAD - ALTERATIONS TO BASEMENT TO FORM NEW FLAT AND ASSOCIATED ACCESS

Reference was made to the decision of the Council on 2nd November, 2006 under powers delegated to the Director of Planning and Transportation to refuse planning permission in respect of the above application because the Council considered that the proposals conflicted with the terms of Policy 4 and Appendix 1 of the Dundee Local Plan Review 2005 (new housing developments); and with the criteria specified under Policy 13 of the Dundee Local Plan Review 2005 (developments in roof spaces and basements).

It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997 and the appeal had been dismissed.

(c) LAND NORTH OF NAUGHTON PLACE, GLAMIS ROAD - TELECOMMUNICATIONS MONOPOLE, ANTENNAE AND EQUIPMENT CABINET

Reference was made to Article I(b) of the minute of meeting of this Committee of 25th September, 2006 wherein the above proposal was refused planning permission because the Council considered that the proposal would be detrimental to the amenity of the surrounding area and the siting of the development on the footway would be detrimental to pedestrian safety.

It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997 and the appeal had been upheld with conditions relating to the colour of the mast and cabinets matching that of adjacent street furniture and the removal of the apparatus if or when it became obsolete or redundant.

(d) 144 GLAMIS ROAD - ERECTION OF GARAGE EXTENSION AND DORMER WINDOWS

Reference was made to the decision of the Council on 16th August, 2006 under powers delegated to the Director of Planning and Transportation to refuse planning permission because the Council considered that the proposed extension by its size, scale and positioning would significantly increase the bulk of the house and the proposed dormer for similar reasons would have an adverse impact on the street scene contrary to the provisions of Policy 14 of the Dundee Local Plan Review 2005.

It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997 and the appeal had been upheld with a condition which suspended permitted development rights beyond the scope of the permission granted.

(e) 30 WHITEHALL STREET - CHANGE OF USE FROM RETAIL TO OFFICE USE

Reference was made to the decision of the Council on 4th September, 2006 under powers delegated to the Director of Planning and Transportation to refuse planning permission in respect of the above application as it was considered that the proposal would result in an unacceptable Class 2 use within the retail core contrary to the provisions of Policy 34 of the Dundee Local Plan Review 2005.

It was reported that the decision was subsequently appealed by the applicant under the provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997 and the appeal had been dismissed.

Roderick A J WALLACE, Convener.