Planning Committee (including Former Development Management And Development Quality) - 15/11/2010

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

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 20th September, 2010 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATION

(a) 10-00565-FULL - THE DOWNFIELD HOTEL, 530 STRATHMARTINE ROAD - RETROSPECTIVE CHANGE OF USE OF PART OF CAR PARK TO BEER GARDEN INCLUDING IMPROVEMENT WORKS AND NEW DINING TERRACE - FOR PUNCH TAVERNS

Councillor Keenan declared a non-financial interest in this application by virtue of having been a patron of this establishment.

After considering objections received, the Committee refused the application on the grounds that the application was not acceptable as it failed to comply with Policy 53 in terms of proximity to residential property and would be likely to result in detrimental effects upon neighbouring residential occupiers in terms of noise and disturbance, making it contrary to Policy 1 of the Dundee Local Plan Review 2005 and there are no material considerations that would justify a decision contrary to this.

(b) 10-00604-FULL - FLAT G/1, 16 WEDDERBURN STREET - FORMATION OF DRIVEWAY (RETROSPECTIVE) - FOR MR HUGH SAMSON

Councillor Bowes declared a non-financial interest in this item by virtue of his request that this application be included on the Development Management Committee agenda.

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

(c) 10-00447-FULL - 309 STRATHMARTINE ROAD - CHANGE OF USE TO MIXED USE DWELLING AND CHILDREN'S DAY NURSERY FOR 12 CHILDREN (RETROSPECTIVE) - FOR MRS JANETTE BROWN

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

(i) the proposed development is contrary to Policy 91 - "Private Day Nurseries" of the Dundee Local Plan Review 2005 as the use fails to comply due to its location on a heavily trafficked road and its lack of sufficient off-street dropping-off parking spaces. 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 1 - "Vibrant and Sustainable Communities" of the Dundee Local Plan Review 2005 as the use of this detached house for a mixed use of dwelling and children's day nursery for 12 children fails to comply in respect of parking and traffic movement issues and noise and with other policies in the plan. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy.

II SITE PLANNING BRIEF, 101 SEAGATE AND 3 TRADES LANE, DUNDEE

There was submitted Agenda Note AN139-2010, making reference to Article III of the minute of meeting of the City Development Committee, wherein the Committee approved the above mentioned Site Planning Brief and agreed that it be referred to this Committee for approval as a material planning consideration.

The Committee approved accordingly.

III PLANNING APPEAL DECISIONS

There was submitted Agenda Note AN140-2010 relative to the undernoted Planning Appeal decisions:-

(a) 309 STRATHMARTINE ROAD, DUNDEE - CHANGE OF USE TO A MIXED USE FAMILY DWELLINGHOUSE AND CHILDREN'S NURSERY FOR UP TO 12 CHILDREN

It was reported that two similar appeals were lodged in respect of the above (each owner appealed separately) under Section 180 of the Town and Country Planning (Scotland) Act 1997 against Enforcement Notices served by the Council which required the owners and operators to reduce the number of children being looked after at the dwelling to six.

The Reporter had dismissed the ground of appeal that the steps required by the Notice exceeded that which was necessary to remedy the breach of planning control or any injury to amenity caused by the breach, but upheld the ground of appeal relating to the period for compliance and replaced the 90 days suggested by the Council with a period of six months.

The Committee noted accordingly.

(b) 9 CHEVALIERS PEND, DUNDEE - APPLICATION FOR CONSENT TO FELL AN ASH TREE SUBJECT TO TPO 04/2003

It was reported that an appeal had been lodged under Section 47 of the Town and Country Planning (Scotland) Act 1997 against the Council's decision to permit the felling of a mature ash tree subject to appropriate replanting. The ash tree was protected by Tree Preservation Order 04/2003 but was diseased and the Council agreed to its felling subject to its replacement with a semi-mature tree. The applicant was unwilling to replant a semi-mature tree within his own property and suggested the tree be planted elsewhere or that he be permitted to plant a small ornamental tree on his property.

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

The Committee noted accordingly.

IV DELEGATED APPLICATIONS

There was submitted Agenda Note AN141-2010, advising that from 22nd September, 2010 to 21st October, 2010, 55 applications were decided under delegated powers; four of these applications had attracted objections, three of these were approved, and one was refused.

The Committee noted accordingly.

Roderick A J WALLACE, Convener.