Planning Committee (including Former Development Management And Development Quality) - 20/04/2009

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 20th April, 2009.

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 16th March, 2009 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 08-00895-OUT - LAND SOUTH OF THE DIGHTY AND NORTH OF INCHCAPE ROAD, BROUGHTY FERRY - OUTLINE RESIDENTIAL USE - FOR A AND M DOIG

The Committee acceded to requests for deputations to address the Committee both in support of and relative to objections to the above mentioned 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, having considered objections received, the Committee refused the application on the grounds that:-

(i) the proposal is contrary to Housing Policy 2 of the Dundee and Angus Structure Plan 2001/2016 as the site has not been identified as a greenfield addition to the housing supply. There are no material considerations that would justify a departure from the development plan;

(ii) the proposal is contrary to Environmental Resources Policy 1 of the Dundee and Angus Structure Plan 2001/2016 as it is considered the overall integrity and natural heritage value of the site will be compromised by the proposed development. There are no material considerations that would justify approval of the proposal contrary to the provisions of the development plan;

(iii) the proposal is contrary to Policy 2 of the Dundee Local Plan Review 2005 as the need for housing at this greenfield location has not been identified in the Local Plan. It is not considered that it will make a positive contribution to the equality and choice of housing in the area. There are no material considerations to justify refusal of the application contrary to the provisions of the development plan;

(iv) the proposal is contrary to Policy 66B of the Dundee Local Plan Review 2005 as the applicant has failed to demonstrate that the recreational and amenity value of the site will be improved by the proposed development. There are no material considerations that would justify approval of the proposal contrary to the provisions of the development plan;

(v) the proposal is contrary to Policy 70 of the Dundee Local Plan Review 2005 as the site is allocated as a Site of Importance for Nature Conservation, Wildlife Corridor and Community Wildlife Site. The applicant has failed to submit an ecological or similar report and proposed mitigation measures, which fails to meet the requirements of Policy 70. There are no material considerations that would justify approval of the proposal contrary to the provision of the development plan; and

(vi) the proposal is contrary to Policy 76 of the Dundee Local Plan Review 2005 as part of the site falls within the Dighty functional flood plain. The applicant has failed to submit a flood risk assessment to demonstrate the impact of proposed development and proposed mitigation measures. There are no material considerations that would justify approval of the application contrary to the provisions of the development plan.

(b) 08-00882-COU - FORMER BP GARAGE, KINGSWAY WEST - CHANGE OF USE FROM SERVICE STATION TO HAND CAR WASH - FOR SQUAREWRIGHT LTD

The Committee acceded to requests 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 deferred consideration of the application.

(c) 09-00065-FUL - LAND AT RICHMOND TERRACE - ERECTION OF DWELLINGHOUSE - FOR WESTFIELD PLACE DEVELOPMENTS LTD

The Committee acceded to requests for deputations to address the Committee both in support of and relative to objections to the above mentioned 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, having considered objections received, Councillor Macpherson, seconded by Councillor Hay, moved refusal of the application on the grounds that:-

(i) the proposed development is contrary to Policy 1 of the Dundee Local Plan Review 2005 by virtue of the design, layout and associated traffic movements of the new house being inappropriate in this location resulting in an adverse impact on the environmental qualities currently enjoyed by the surrounding residents. There are no material considerations of sufficient weight that would justify the approval of the application contrary to the development plan;

(ii) the insertion of a large modern house in the prominent location proposed would not protect or enhance the character or the appearance of the West End Suburbs Conservation Area contrary to the terms of 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 of sufficient weight that would justify the approval of the application contrary to the development plan; and

(iii) the erection of a new house in the location proposed would have an adverse impact on the existing trees within the site contrary to the terms of Policy 72 of the Dundee Local Plan Review 2005. There are no material considerations of sufficient weight that would justify the approval of the application contrary to the development plan.

As an amendment, the Convener, second by Councillor Duncan, 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 Regan and Scott and Councillor Barrie, Bowes, Roberts, Ross, Keenan, Ferguson, McCready, Hay and Macpherson (11); and for the amendment - the Convener, Lord Provost Letford, Depute Lord Provost Borthwick, Bailies Sawers and Wright and Councillors Guild, Black, Andy Dawson, Will Dawson, Duncan, Hunter, Lynn, Melville and Asif (14) - whereupon the amendment was declared carried.

(d) 09-00087-COU - 89 CHARLESTON DRIVE - CHANGE OF USE FROM BOOKMAKERS TO HOT FOOD TAKEAWAY/SNACK BAR - FOR ROBERT DAVIE

It was reported that a request had been received for a deputation to address the Committee in support of the above mentioned application.

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

(e) 09-00104-FUL - 30 BYRON STREET - ERECTION OF FOUR DWELLINGS - FOR BRIDGEFOOT DEVELOPMENTS (SCOTLAND) LTD

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

(f) 09-00090-FUL - GARDEN GROUND TO EAST OF 4 STRIPS OF CRAIGIE ROAD - ERECTION OF HOUSE IN GARDEN GROUND - FOR MR AND MRS GOWANS

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

(i) the proposal fails to comply with Policy 4 of the Dundee Local Plan Review 2005 due to the lack of garden ground provided with the proposed dwelling and the density of the development, which does not reflect surrounding properties and the lack of garage provision. There are no material considerations in these circumstances that would justify approval of the application contrary to the provisions of the development plan; and

(ii) the proposal fails to comply with parts A and D of Policy 15 of the Dundee Local Plan Review 2005 due to the scale, massing and density of the proposed development, which does not satisfactorily integrate with the surrounding environment. There are no material considerations in these circumstances to justify approval of the application contrary to the provisions of the development plan.

(g) 08-00616-FUL - LOWER DENS WORKS, CONSTABLE STREET - CONVERSION OF EXISTING MILL BUILDINGS INTO RESIDENTIAL UNITS WITH ASSOCIATED CAR PARKING AND SOFT AND HARD LANDSCAPING, AND ERECTION OF TWO NEW BUILD RESIDENTIAL UNITS COMPRISING 12 FLATS - FOR WINDORES (LOWER DENS) LTD

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

(h) 08-00617-LBC - LOWER DENS WORKS, CONSTABLE STREET - CONVERSION OF EXISTING MILL BUILDINGS INTO RESIDENTIAL UNITS WITH ASSOCIATED CAR PARKING AND SOFT AND HARD LANDSCAPING, AND ERECTION OF TWO NEW BUILD RESIDENTIAL UNITS COMPRISING 12 FLATS - FOR WINDORES (LOWER DENS) LTD

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

(i) 08-00786-FUL - 324 TO 336 BROUGHTY FERRY ROAD - ERECTION OF LIGHT INDUSTRIAL STORAGE UNIT WITH ASSOCIATED FACILITIES AND CAR PARKING - FOR DEANSCOURT

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

(j) 09-00012-LBC - ST AIDAN'S CHURCH HALL, 106 ST VINCENT STREET, BROUGHTY FERRY - ALTERATIONS AND EXTENSION, INCLUDING PARTIAL DEMOLITION OF LISTED HALLS TO FORM 45 BED RESIDENTIAL CARE HOME - FOR BROUGHTY FERRY NEW KIRK

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

(k) 09-00014-FUL - ST AIDAN'S CHURCH HALL, 106 ST VINCENT STREET, BROUGHTY FERRY - ALTERATIONS AND EXTENSION, INCLUDING PARTIAL DEMOLITION OF LISTED HALLS TO FORM 45 BED RESIDENTIAL CARE HOME - FOR BROUGHTY FERRY NEW KIRK

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

(l) 09-00068-FUL - 18 DURNESS TERRACE - SINGLE STOREY EXTENSION TO SOUTH AND EAST ELEVATIONS - FOR MR AND MRS I McINNES

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

(m) 09-00109-OUT - LAND SOUTH OF 77 STRATHMORE STREET, BROUGHTY FERRY - OUTLINE CONSENT FOR ERECTION OF A STOREY AND A HALF FOUR APARTMENT DWELLING AND DOUBLE GARAGE

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

(i) the proposal fails to comply with Policy 4 of the Dundee Local Plan Review 2005 due to the lack of useable garden ground provided with the proposed dwelling and insufficient amount of garden ground remaining with the existing dwelling. There are no material considerations that would justify approval of the application contrary to the provisions of the development plan; and

(ii) the proposal fails to comply with criteria (a), (d) and (e) of Policy 15 of the Dundee Local Plan Review 2005 as insufficient details have been provided to assess the design of the house, the prevailing density of the area is not respected and the proposed house is in front of the main elevation of the original dwelling. There are no material considerations that would justify approval of the proposal contrary to the provisions of the development plan.

(n) 09-00092-FUL - REDHOLME, GARDYNE ROAD - PROPOSED DEVELOPMENT OF NEW CARE HOME FOR THE ELDERLY - FOR REDHOLME DEVELOPMENTS

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

(o) 09-00102-FUL - 92A MONIFIETH ROAD, BROUGHTY FERRY - PROPOSED CONVERSION OF EXISTING DWELLINGHOUSES - FOR McPHERSON PROPERTIES LTD

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

(p) 09-00116-FUL - 59 EAST HADDON ROAD - EXTENSION TO DWELLINGHOUSE - FOR MR AND MRS BOYD

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 AN83-2009 advising of the undernoted planning appeal decisions:-

(a) 53 GELLATLY STREET - PROPOSAL: RECONSTRUCTION OF EXISTING WAREHOUSE AND OFFICE TO FORM EIGHT SELF-CONTAINED RESIDENTIAL FLATS WITH ON-SITE CAR PARKING

Reference was made to the decision of the Council on 30th October, 2008, under powers delegated to the Director of Planning and Transportation, to refuse planning permission because the Council considered that the proposal was contrary to the provisions of the Dundee Local Plan Review 2005 in respect of inadequacy of parking and lack of respect for the privacy of neighbouring properties (Policy 4); poor quality design (Policies 4 and 55); lack of suitable bin storage (Policy 80); sub‑standard vehicular and pedestrian access (Policy 81); and lack of evidence regarding the discharge of ground contamination and archaeological issues (Policies 79 and 65).

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 had been dismissed.

(b) LAND SOUTH EAST OF EXPLORER ROAD - ERECTION OF NEW HEADQUARTERS BUILDING FOR HILLCREST GROUP

Reference was made to Article I(a) of the minute of meeting of this Committee of 17th December, 2007, wherein the above proposal was refused planning permission because the Council considered that the proposal was contrary to Policy 1 of the Dundee Local Plan Review 2005 (failure of the applicants to conclusively demonstrate that the chimney emissions from the biomass facility would not be to the detriment of local air quality and, as a result, the applicants had failed to demonstrate that the proposal would not have a significant adverse impact on the environmental qualities enjoyed by local residents).

It was reported that the decision was subsequently appealed by the applicants under the provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997, and had been upheld, subject to a range of eleven conditions covering finishing materials, noise limits, landscaping, public art provision, cycle rack provision, refuse and recycling measures, approval of a travel plan, details of the biomass boiler and its maintenance in relation to output of emission performance, and full details of wood fuel.

(c) LAND AT FORMER TAY ROPE WORKS, MAGDALEN YARD ROAD - RESIDENTIAL DEVELOPMENT COMPRISING OF SEVEN FLATS TO SOUTH, FOUR FLATS TO NORTH AND THREE HOUSES AND ENVIRONMENTAL IMPROVEMENTS TO BOUNDARY WALLS

Reference was made to Articles 1(a) and (b) of the minute of meeting of this Committee of 16th June, 2008, wherein the above proposal was refused planning permission and Listed Building Consent. The Council considered that the planning application was contrary to the provisions of Policies 1, 4 and 61 of the Dundee Local Plan Review 2005 (impact on amenity due to design, layout, traffic movement and parking issues, excessive number of flats and failure to preserve or enhance the Conservation Area). The Council considered that the listed building application failed to have regard to the preservation or enhancement of the listed building by removing the second storey contrary to the provisions of Policy 60 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 Section 18 and Schedule 3 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, and had been dismissed.

Roderick A J WALLACE, Convener.