Planning Committee (including Former Development Management And Development Quality) - 15/02/2010

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 15th February, 2010.

 

Present:-

 

Depute Lord Provost Ian BORTHWICK

 

 

 

BAILIES

 

Willie SAWERS

Helen WRIGHT

Roderick A J WALLACE

George REGAN

 

Derek J SCOTT

 

COUNCILLORS

 

Ken GUILD

Elizabeth F FORDYCE

Mohammed ASIF

Jim BARRIE

Stewart HUNTER

Tom FERGUSON

Jimmy BLACK

Ken LYNN

Brian GORDON

David BOWES

Craig MELVILLE

Richard McCREADY

Andrew DAWSON

Christina ROBERTS

Donald HAY

Will DAWSON

Alan G ROSS

Fraser MACPHERSON

Bob DUNCAN

Kevin KEENAN

Helen DICK

 

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

 

The minute of meeting of this Committee of 18th January, 2010 was held as read.

 

Unless marked thus * all items stand delegated.

 

I PLANNING APPLICATIONS

 

(a) 09-00247-REM - LAND TO NORTH OF PITKERRO ROAD AND EAST OF LONGHAUGH ROAD - ERECTION OF 17 HOUSES, ACCESS ROAD AND LANDSCAPING - FOR TUSKER DEVELOPMENTS LTD

 

Councillors Sawers and Andy Dawson declared a non-financial interest in this application by virtue of having been approached regarding the matter.

 

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

 

The Committee approved the application subject to the conditions recommended by the Director of City Development, and in the circumstances, declined to hear the deputation.

 

(b) 09-00743-FUL - 5 THE ESPLANADE, BROUGHTY FERRY - PROPOSED TWO STOREY DWELLING IN GARDEN GROUND - FOR JUNE AND JACLYN DUNCAN

 

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 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 Policy 4 of the Dundee Local Plan Review 2005 due to potential overlooking and loss of privacy for neighbouring residents due to there being less than 18m between facing windows of habitable rooms. There are no material considerations that would justify approval contrary to the provisions of the development plan;

 

(ii) the proposal is contrary to criteria (a), (c) and (i) of Policy 15 of the Dundee Local Plan Review 2005 as the design and materials of the proposed house do not respect the surrounding buildings; the final proportion of ground covered by hard standing amounts to more than 40% of the original house and garden and no landscaping details were provided with the proposal. There are no material considerations that would justify approval contrary to the provisions of the development plan;

 

(iii) the proposal is contrary to Policy 61 of the Dundee Local Plan Review 2005 as the design, scale and massing of the proposed dwelling does not preserve or enhance the character of the surrounding area. There are no material considerations that would justify approval contrary to the provisions of the development plan;

 

(iv) the proposal is contrary to Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 as the proposed house does not blend in with surrounding properties and will have an adverse impact on the character of the conservation area; and

 

(v) the proposal is contrary to Policy 55 of the Dundee Local Plan Review 2005 as the design quality is not of the standard sought for the area.

 

(c) 09-00757-FUL - CROWS NEST, CAMPERDOWN PARK, COUPAR ANGUS ROAD - EXTENSION TO EXISTING TOILET FACILITIES

 

The Committee approved the application subject to the conditions recommended by the Director of City Development.

 

(d) 09-00793-FUL - 14, 70 AND 28 ST GILES TERRACE - INSTALLATION OF REPLACEMENT SHOP FRONTS - FOR CITY DEVELOPMENT DEPARTMENT, DUNDEE CITY COUNCIL

 

The Committee approved the application subject to the conditions recommended by the Director of City Development.

 

(e) 09-00795-FUL - LAND TO REAR OF 90, 70 AND 96 BALUNIE AVENUE - ERECTION OF THREE SINGLE STOREY HOUSES WITH PRIVATE ROAD ACCESS - FOR HOUSING DEPARTMENT, DUNDEE CITY COUNCIL

 

Councillor Black declared a non-financial interest in this application by virtue of being Convener of the Housing, Dundee Contract Services and Environment Services Committee, and left the Chamber during its consideration.

 

After considering objections received, the Committee approved the application subject to the conditions recommended by the Director of City Development.

 

(f) 10-00007-FUL - 6 MINTO PLACE - RETROSPECTIVE PERMISSION FOR SHED AND FENCE PANELS AND CREATION OF HARD STANDING, DROP KERB AND GATES

 

After considering objections received, Councillor Macpherson, seconded by Councillor Hay, moved refusal of the application on the grounds that:-

 

(i) the proposal is contrary to Part A of Policy 14 (Alterations and Extensions to Houses) of the Dundee Local Plan Review 2005 as the hard standing area shall have an adverse impact upon the prominent elevations of the property and there are no material considerations that would justify a decision contrary to this;

 

(ii) the proposal is contrary to Policy 61 (Development in Conservation Areas) as the creation of the hard standing area to the front of the property would have a detrimental impact upon the character and appearance of the surrounding West End Lanes conservation area. There are no material considerations that would justify a decision contrary to this; and

 

(iii) the proposal fails to discharge the statutory duties set out in Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 as the hard standing area fails to preserve or enhance the character or appearance of the West End Lanes conservation area.

 

As an amendment, the Convener, seconded by Councillor Asif, moved approval of the application subject to the conditions recommended by the Director of City Development.

 

On a division, there voted for the motion - Depute Lord Provost Borthwick, Bailies Regan, Wright and Scott and Councillors Guild, Barrie, Duncan, Lynn, Roberts, Keenan, Ferguson, McCready, Hay, Macpherson and Dick (15); and for the amendment - the Convener, Bailie Sawers and Councillors Black, Bowes, Andy Dawson, Will Dawson, Fordyce, Hunter, Melville, Ross, Asif and Gordon (12) - whereupon the motion was declared carried.

 

II PLANNING APPEAL DECISIONS

 

There was submitted Agenda Note AN33-2010 advising of the undernoted planning appeal decisions:-

 

(a) 27 MAYFIELD GROVE - APPLICATION FOR CONSENT TO FELL A SYCAMORE TREE SUBJECT TO TPO 01/2006

 

Reference was made to an appeal under Section 47 of the Town and Country Planning (Scotland) Act 1997 against the refusal of consent to fell a sycamore tree protected by Tree Preservation Order 01/2006, on the basis that leaf litter and twigs dropping from trees were causing the appellant significant problems.

 

It was reported that the appeal had been determined by written representations and had been dismissed.

 

(b) BUGHTIES NURSING HOME, 76 CAMPHILL ROAD, BROUGHTY FERRY, DUNDEE - INSTALLATION OF REPLACEMENT WINDOWS ON LISTED BUILDING

 

Reference was made to an appeal under Section 34 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 against a Listed Building Enforcement Notice served by the Council which required the removal of 28 unauthorised windows and a door and their replacement with timber sash and case windows and a door of traditional appearance.

 

It was reported that the appeal had been determined by written representations and had been dismissed.

 

(c) LAND TO WEST OF 18 CAMPHILL ROAD, BROUGHTY FERRY - PROPOSED THREE-BED DETACHED ENERGY CONSERVATION HOUSE

 

Reference was made to Article I(f) of the minute of meeting of this Committee of 17th August, 2009, wherein the above proposal was refused planning permission because the Council considered that:-

 

(i) the proposal was contrary to Policy 4 of the Dundee Local Plan Review 2005 due to the density of the development, which does not reflect the prevailing densities and the lack of privacy within the garden ground area due to overlooking from surrounding properties. There are no material considerations in these circumstances that would justify a departure from the provisions of the development plan;

 

(ii) the proposal was contrary to criteria (d), (e) and (g) of Policy 15 of the Dundee Local Plan Review 2005 due to the prevailing densities in the area not being respected, the proposed development projecting beyond the building line of the original house at 18 Camphill Road and the breach in a stone boundary wall along Camphill Road. There are no material considerations in these circumstances that would justify a departure from the development plan; and

 

(iii) the proposal was contrary to Policy 61 of the Dundee Local Plan Review 2005 and Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 as the density of the development and the breach in a stone wall detract from the character of the conservation area. There are no material considerations in these circumstances that justify a departure from the development plan.

 

It was reported that the decision was 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.

 

III DELEGATED APPLICATIONS

 

There was submitted Agenda Note AN34-2010 advising the Committee that from 22nd December, 2009 to 21st January, 2010, 48 applications had been decided under delegated powers. Eight of these applications had attracted objections, five of which were approved and three of which were refused.

 

The Committee noted accordingly.

 

 

 

 

Roderick A J WALLACE, Convener.