Planning Committee (including Former Development Management And Development Quality) - 17/01/2011

At a MEETING of the DEVELOPMENT MANAGEMENT COMMITTEE held at Dundee on 17th January, 2011.

Present:-

BAILIES

COUNCILLORS

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

The minute of meeting of this Committee of 13th December, 2010 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 10-00096-FULL - TAYMILLS, 19 BROWN STREET - CHANGE OF USE AND INTERNAL CONVERSION OF EXISTING RETAIL UNIT (CLASS 1) AND STOREHOUSE/WAREHOUSE FACILITY TO 25 STUDENT APARTMENTS - FOR MR JON STEWART

The Committee acceded to a request which had been received for a deputation to address the Committee in support of the above 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, Councillor Macpherson, seconded by Councillor Dick, moved approval of the application subject to conditions to be determined by the Director of City Development.

As an amendment, the Convener, seconded by Councillor Lynn, moved refusal of the application on the grounds that:-

(i) the proposal is considered to be contrary to Policy 9 (Student Housing) of the Dundee Local Plan Review 2005 by virtue of the failure of the applicants to adequately justify the requirement for additional student bed spaces within the city on a site that is not allocated for such uses on the Proposals Map, and, by failure to provide a Transport Assessment to allow a full assessment of the operational and parking requirements for the proposals. There are no material considerations that would justify approval of planning permission;

(ii) the proposals shall adversely affect the historic character and architectural features of historic importance of the A listed building erasing the last original expansive area of floor space of the Tay Mills complex by sub-dividing the existing retail unit into 25 student apartments, concealing the cast iron columns supporting the original vaulted ceiling within partition walls and by exposing only individual barrels of the vaulted ceiling within the individual apartments. The proposals fail to satisfy the requirements of Policy 59 (Alternative Uses of Listed Buildings) and Policy 60 (Alterations to Listed Buildings) of the Dundee Local Plan Review 2005 as well as the requirements of Section 14 of the Planning (Listed Building and Conservation Areas) (Scotland) Act 1997 as amended. There are no material considerations that would justify support of the proposals; and

(iii) the proposed student apartments shall be afforded a low level of environmental quality by virtue of poor air quality and noise disturbance consequent of the location of the application site on the ground floor of the A listed Tay Mills building on the West Marketgait. While there are agreed measures that can be put in place to improve the level of air quality within the building and reduce the impact of noise disturbance from passing traffic, it would not be possible to open the windows of the flats fronting on to the West Marketgait. Residents of the proposed apartments would consequently be afforded a low level of amenity.

On a division, there voted for the motion - Bailies Sawers and Wright, and Councillors Will Dawson, Duncan, Hunter, Asif, Bidwell, McCready, Macpherson and Dick (10); and for the amendment - the Convener, Depute Lord Provost Borthwick, Bailies Regan and Scott, and Councillors Guild, Barrie, Black, Bowes, Andy Dawson, Fordyce, Lynn, Melville, Roberts, Keenan, Ferguson, Gordon and Hay (17) - whereupon the amendment was declared carried.

(b) 10-00664-FULL - LAND TO REAR OF 665 ARBROATH ROAD, BROUGHTY FERRY - CHANGE OF USE FROM PUBLIC OPEN SPACE TO PRIVATE GARDEN GROUND AND ERECTION OF BOUNDARY FENCING TO NEW REAR BOUNDARY - FOR SIMON COBLEY

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

(c) 10-00723-FULL - NORTHWOOD, 118 STRATHERN ROAD, BROUGHTY FERRY - ERECTION OF ROOFTOP FLAGPOLE SUPPORTING THREE VODAFONE AND THREE 02 ANTENNA WITHIN GRP SHROUD - FOR VODAFONE/02 UK

After considering objections received, Bailie Scott, seconded by Councillor Asif, moved refusal of the application on the grounds that:-

(i) the proposed mast due to its dimensions will not appear convincing as a flagpole and will therefore detract from the architectural and historic character of the listed building contrary to Policy 60 - (Alterations to Listed Buildings) of the Dundee Local Plan Review 2005 and there are no material considerations of sufficient strength to justify approval of the application contrary to the policy; and

(ii) the proposed mast due to its dimensions will not appear convincing as a flagpole and will therefore detract from the visual amenities of the West Ferry Conservation Area contrary to Policy 61 (Development in Conservation Areas) of the Dundee Local Plan Review 2005 and there are no material considerations of sufficient strength to justify approval of the application contrary to the policy.

The Convener, seconded by Councillor Duncan, 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 Bowes, Hunter, Roberts, Keenan, Asif, Bidwell, Ferguson, Hay, Macpherson and Dick (14); and for the amendment - the Convener, Bailie Sawers and Councillors Guild, Barrie, Black, Andy Dawson, Will Dawson, Duncan, Fordyce, Lynn, Melville, Gordon and McCready (13) - whereupon the motion was declared carried.

II LARCH STREET (FORMERLY LARCHFIELD WORKS) - REQUEST TO WAIVE AND DISCHARGE SECTION 75 AGREEMENT

There was submitted Report No 6-2011, advising the Committee of a request to waive and discharge a Section 75 Agreement relating to the prohibition of the use of new dwellinghouses in Larch Street as Houses in Multiple Occupation.

The Committee acceded to a request which had been received for a deputation to address the Committee in support of the above request.

After the deputation had stated its case and answered questions from members of the Committee, it was thanked for its attendance and withdrew.

Thereafter, the Committee refused the request to waive and discharge the terms of the agreement.

III DELEGATED ITEMS

There was submitted Agenda Note AN4-2011 advising that from 22nd November to 21st December, 2010, 40 applications had been decided under delegated powers. Of these, five had attracted objections, four of which were approved, and one refused.

The Committee noted accordingly.

Roderick A J WALLACE, Convener.