Planning Committee (including Former Development Management And Development Quality) - 28/02/2005

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 28th February 2005.

Present:-

BAILIES

COUNCILLORS

Councillor Rod WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 31st January 2005 was held as read.

Unless marked thus * all items stand delegated.

I PLANNING APPLICATIONS

(a) 04-01027-FUL - TELEPHONE EXCHANGE, FAIRFIELD ROAD - INSTALLATION OF A 12.5 M TELECOMMUNICATIONS MONOPOLE SUPPORTING 6 ANTENNAS WITH ASSOCIATED GROUND BASED EQUIPMENT CABINETS AND ANCILLARY EQUIPMENT FOR VODAFONE LTD

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

(b) 04-00397-FUL - 81 DUNDEE ROAD, BROUGHTY FERRY - SINGLE STOREY EXTENSION TO EXISTING HOUSE

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

(c) 04-00737-FUL - LAND TO THE NORTHWEST OF PITKERRO ROAD - ERECTION OF CARE HOME AND CHILDREN'S DAYCARE NURSERY FOR G & J SNEDDON LTD

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

(d) LAND SOUTH OF TOM JOHNSTON ROAD - ERECTION OF A CLASS 1 RETAIL UNIT, MEANS OF ACCESS, CAR PARKING, LANDSCAPING, SERVICING AND ADDITIONAL WORKS AND FACILITIES FOR LIDL UK GMBH

This item was withdrawn.

(e) 04-00893-OUT - LAND SOUTH OF DUNDEE ROAD WEST/EAST OF BROUGHTY FERRY ROAD - OUTLINE CONSENT FOR A RESIDENTIAL DEVELOPMENT FOR GEORGE MARTIN BUILDERS LTD

Lord Provost Letford intimated a non-financial interest in this item by virtue of his grandson being an employee of the applicant.

The Committee acceded to a request which had been received for a deputation to address the Committee in support of the application. After the deputation had stated its case and answered questions from members it was thanked for its attendance and withdrew.

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

(i) the proposed development would contravene Policy H10 of the adopted Dundee Local Plan 1998 because it would involve the provision of a flatted development in a suburban area and there are no material considerations that would justify the approval of this application contrary to the provisions of the Development Plan;

(ii) the proposed development would contravene Policy 2 of the Finalised Dundee Local Plan Review because it would involve the provision of housing on an unallocated site where the development is not in accordance with Policy 4 and the housing standards in Appendix I and would not contribute to the quality or choice of housing in the area or further community regeneration objectives;

(iii) the proposed development would contravene Policy 4 of the Finalised Dundee Local Plan Review because it would involve the provision of a flatted development in a suburban area;

(iv) the proposed site, being entirely surrounded by industrial uses and significant transportation infrastructure, would not be suitable for a residential development and if approved would result in a poor standard of residential amenity for the occupiers of the proposed dwellings; and

(v) the applicants have failed to adequately demonstrate that the site can be remediated to a standard fit for the proposed residential use.

(f) 04-00940-COU - 5 SUGARHOUSE WYND - CHANGE OF USE FROM VACANT BUILDING TO RETAIL AND STORAGE UNIT WITH SMALL SHOWROOM FOR GEORGE MACKENZIE

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

(g) 04-00931-FUL - 5 STRATHSPEY PLACE - SINGLE STOREY EXTENSION ON EAST ELEVATION FOR MR & MRS F JAMAL

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

(i) the proposal is contrary to Policy H4 of the Dundee Local Plan 1998 as there would be an unacceptable loss of amenity for residents to the north due to loss of daylight and overhadowing from the scale and massing of the proposed extension. There are no material considerations that would justify approval of the application contrary to the provisions of the development plan; and

(ii) the proposal is contrary to Policy 4 of the Finalised Dundee Local Plan Review as there would be an unacceptable loss of amenity for residents to the north due to the scale and massing of the proposed extension and loss of daylight and overhadowing.

(h) 04-00946-FUL - FORMER HOMEBASE STORE, RIVERSIDE DRIVE - DEMOLITION OF EXISTING RETAIL UNIT AND ERECTION OF RESIDENTIAL DEVELOPMENT WITH ASSOCIATED CAR PARKING, LANDSCAPING AND ACCESS FOR MILLER DUNDEE LTD

The Committee acceded to a request which had been received for a deputation to address the Committee in support of the application. After the deputation had stated its case and answered questions from members it was thanked for its attendance and withdrew.

Thereafter, having considered objections received, Councillor Macpherson, seconded by Councillor Sturrock, moved deferral of the application to allow consideration of conditions to ensure that the proposed housing be used solely for single family residential occupancy.

As an amendment, Councillor Grant, seconded by Councillor FitzPatrick, moved that the application be not deferred.

On a division, there voted for the motion Lord Provost Letford, Councillor Sturrock, Macpherson, Dick, Andrew Dawson and Scott (6); and for the amendment - the Convener, Bailies Wright, Powrie, Mackie and Borthwick and Councillors Shimi, Keenan, Grant, Hind, Beattie, FitzPatrick, Barrie, Will Dawson, Fordyce and Webster (15); Bailie Farquhar being absent when the vote was taken - whereupon the amendment was declared carried.

Thereafter, Bailie Borthwick, seconded by Councillor Macpherson, moved refusal of the application on the grounds that the proposed development is unsuitable for this site and will detract from the amenity of the area, and is contrary to policy HI0 of the adopted Dundee Local Plan 1998.

As an amendment, the Convener, seconded by Councillor Shimi, moved approval of the application subject to the conditions recommended by the Director of Planning and Transportation and to the additional condition that "the proposed housing shall at all times be used solely for single family residential occupancy, in order to protect the amenity of the proposed housing".

On a division, there voted for the motion - Lord Provost Letford, Bailies Powrie, Mackie and Borthwick, and Councillors Sturrock, Macpherson, Dick, Andrew Dawson, Barrie, Fordyce, and Webster (11); and for the amendment - the Convener, Bailie Wright and Councillors Shimi, Keenan, Grant, Hind, Beattie, Fitzpatrick, Will Dawson and Scott (10); Bailie Farquhar being absent when the vote was taken - whereupon the motion was declared carried.

(i) 04-00983-COU - UNIT 6B, 3 WHITEHALL STREET - CHANGE OF USE FROM SHOP (CLASS1) TO BETTING OFFICE (CLASS2) FOR WILLIAM HILL ORGANISATION LTD

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

the proposed development is contrary to Policy 34 City Centre Retail Core of the Finalised Dundee Local Plan Review as it would result in the establishment of an unacceptable Class 2 use within the area.

(j) 04-00991-FUL - SCOTTISH WATER - STOBSMUIR ROAD - REPLACEMENT OF TURF RESERVOIR ROOF WITH MEMBRANE AND GRAVEL FOR SCOTTISH WATER

Bailie Wright declared a non-financial interest in this application by virtue of her husband being an objector to the application, and took no part in the consideration of this item.

The Committee acceded to a request which had been received for a deputation to address the Committee in support of the 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, Councillor Fordyce, seconded by Councillor Hind, moved refusal of the application on the grounds that:-

(i) the proposed development would have an adverse visual impact on the appearance of the Maryfield Conservation Area contrary to Policy BE11 of the adopted Dundee Local Plan 1998, Policy 61 of the Finalised Dundee Local Plan Review and the statutory duty in Section 64 of the Planning (Listed Buildings and Conservations Areas) (Scotland) Act 1997 to pay special attention to the desirability of preserving or enhancing the character or appearance of the Maryfield Conservation Area; and

(ii) the proposed development is contrary to Policy BE17 of the adopted Dundee Local Plan 1998 in that it would have an adverse visual impact on the appearance of the listed building.

As an amendment, the Convener, seconded by Councillor Borthwick, moved approval of the application subject to the conditions recommended by Director of Planning and Transportation.

On a division there voted for the motion - Lord Provost Letford, Councillors Shimi, Sturrock, Grant, Hind, Macpherson, Dick, Beattie, FitzPatrick, Will Dawson and Fordyce (11); and for the amendment - the Convener, Bailies Powrie, Mackie and Borthwick, and Councillors Keenan, Andrew Dawson, Barrie, Webster and Scott (9); Bailie Farquhar being absent when the vote was taken and Bailie Wright declining to vote - whereupon the motion was declared carried.

(k) 27 CLAYPOTTS ROAD, BROUGHTY FERRY - ERECTION OF DWELLING IN GARDEN GROUND FOR MR AND MRS G ROSS

This item was withdrawn.

(l) 04-01000-FUL - LAND TO NORTHWEST OF 27 CLAYPOTTS ROAD - ERECTION OF SINGLE STOREY DWELLINGHOUSE WITH SINGLE GARAGE FOR MR AND MRS MACKIE

After 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 BE25 of the Dundee Local Plan 1998 due to the adverse visual impact of the proposal on the setting of Claypotts Castle, which is a scheduled ancient monument and A-listed building. There are no material considerations that would justify departing from the policies of the development plan in these circumstances;

(ii) the proposal is contrary to Policy 15 of the Finalised Dundee Local Plan Review as it fails to comply with all the criteria. In particular, it fails to comply with criteria (d) as the prevailing densities in the area are not respected; and

(iii) the proposal fails to comply with Policy 64 of the Finalised Dundee Local Plan Review as the proposed development will have an adverse visual impact on the setting of Claypotts Castle, which is a scheduled ancient monument and A-Listed building.

(m) 04-01002-FUL - 2-8 LAING STREET - ERECTION OF 5 TOWNHOUSES WITH INTEGRAL GARAGES FOR T & S RASHID

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

(n) 04-01039-COU - 53 PERTH ROAD - CHANGE OF USE FROM RETAIL (WINE SHOP) TO CAFE FOR MR K TAYLOR

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

(o) 04-01040-FUL - 333A BLACKNESS ROAD - ERECTION OF DORMER AND INSTALLATION OF 5 VELUX ROOFLIGHTS FOR MISS O DOUGAL

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to the application. After the deputation had stated its case and answered questions from members 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.

(p) 04-01032-FUL - 24 PANMURE TERRACE - EXTENSION TO SOUTH OF HOUSE FOR MR G WHITTICK

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

(q) 04-01050-COU - THE BATHING SHELTER, THE ESPLANADE, BROUGHTY FERRY - CHANGE OF USE FROM WATERSPORTS CENTRE AND RESTRICTED CAFE TO A RESTAURANT AND LIFEGUARD FACILITY FOR C BROWN

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 Councillor Webster, seconded by Councillor Scott, moved refusal of the application on the grounds that:-

(i) the proposed development would detract from the residential amenities enjoyed by the occupiers of the nearby dwellings at Castle Terrace, Castle Street and King Street by reason of noise and disturbance from customers and their vehicles, particularly at night time; and

(ii) the proposed development contravenes Policy H1 of the adopted Dundee Local Plan 1998 and Policy 1 of the Finalised Dundee Local Plan Review because it would introduce a use that involves night time noise and disturbance into a quiet residential area and would therefore have an adverse effect on the environmental quality enjoyed by local residents.

As an amendment, the Convener, seconded by Councillor Grant, 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 - Lord Provost Letford, and Councillors Shimi, Webster and Scott (4); and for the amendment - the Convener, Bailies Wright, Powrie, Mackie and Borthwick, and Councillors Keenan, Sturrock, Grant, Hind, Macpherson, Dick, Beattie, Andrew Dawson, FitzPatrick, Barrie, Will Dawson, and Fordyce (17); Bailie Farquhar being absent when the vote was taken; whereupon the amendment was declared carried.

II APPEAL DECISIONS

There was submitted Agenda Note AN81-2005 advising of the undernoted planning appeal decisions:-

(a) WESTBAY NURSING HOME, 34 ALBERT ROAD, BROUGHTY FERRY, DUNDEE, DD5 1AZ - PROPOSED ERECTION OF SINGLE STOREY 10 SINGLE BED/EN SUITE UNIT

Reference was made to the decision of the Council on 13th August, 2004, under powers delegated to the Director of Planning and Transportation, to refuse planning permission for reasons related to the loss of existing amenity space, the inadequate provision of amenity space; over development of the plot and window to window distances (contrary to Policies H10, H12 and BE4 of the adopted Dundee Local Plan 1998 and Policies 10 and 15 of the Finalised Dundee Local Plan Review).

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 submission of materials samples; landscaping and planting; and the rescinding of the appeal P\PPA\180\103 granted on 27th March, 2003, since the carrying out of both developments could place unacceptable pressure on car parking and amenity space at the nursing home.

(b) 69 DUNDEE ROAD, WEST FERRY, DUNDEE - ENFORCEMENT NOTICE APPEALS AGAINST TREE REPLACEMENT NOTICES

Reference was made to Article XV of the minute of meeting of the Planning and Transportation Committee of 26th April, 2004, wherein the Committee agreed to serve a Tree Replacement Notice under the terms of Section 168 of the Town and Country Planning (Scotland) Act 1997 on the owners of "Woodcroft", 69 Dundee Road, West Ferry, Dundee. Notices were served on each of the two owners.

In its case the Council contended that on or around November 2003 in excess of 17 trees were removed from the site, which is located in the West Ferry Conservation Area, without compliance with the necessary statutory procedures. The Notices required the planting of 8 replacement semi-mature trees.

It was reported that the Notices were subsequently each appealed under the provision of Section 169 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997, and the appeals had been dismissed and that the replanting requirements specified in the Notices shall be implemented next planting season after 1st October, 2005. The Reporter added to the Notices by requiring that within two months of the Notices taking effect, the written approval of the Council be obtained for the method of planting and for the maintenance of the trees to be planted. Once the method statements have been agreed the tree replacement shall be undertaken in accordance with these approved statements.

(c) UNIT 4 HIGHGATE CENTRE, 102 HIGH STREET, LOCHEE - CHANGE OF USE FROM CLASS 1 SHOP TO BETTING OFFICE

Reference was made to Article I(f) of the minute of meeting of this Committee of 26th April, 2004, wherein the above proposal was refused planning permission because the Council considered the proposals to be contrary to Policy S17 of the adopted Dundee Local Plan and Policy 39 of the Finalised Draft Local Plan (acceptable retail uses in a core retailing area).

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.

(d) TELEPHONE EXCHANGE, QUEEN STREET, BROUGHTY FERRY, DUNDEE - PROPOSED RADIO TELECOMMUNICATIONS INSTALLATION

Reference was made to Article I(b) of the minute of meeting of this Committee of 30th August, 2004 wherein the above proposal was refused planning permission because the Council considered that the proposed antennae would be visually prominent and detract from the setting of the adjacent listed building, the conservation area and the amenities of local residents, contrary to adopted Dundee Local Plan Policies BE31 (E), BE11 and H1 and the Finalised Dundee Local Plan Review Policies 1, 9 and 10.

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 requiring removal of the apparatus within six months of it becoming obsolete or redundant.

III REPORT OF THE PUBLIC LOCAL INQUIRY INTO THE FINALISED DUNDEE LOCAL PLAN REVIEW - MAJOR FOODSTORE ISSUES

Bailie Borthwick declared a non-financial interest in this item by virtue of being an employee of Age Concern Scotland, which had been adopted by Tesco as their Charity of the Year.

There was submitted Agenda Note AN82-2005 whereby reference was made to the minute of meeting of the Planning and Transport Committee of 27th January, 2005 wherein, inter alia, it was agreed to refer the Director of Planning and Transportation's Report to this Committee for information as a material consideration in making planning decisions, including the determination of planning applications.

The Committee noted accordingly.

IV BUILDING (SCOTLAND) ACT 1959 - SECTION 13 - DANGEROUS BUILDINGS

There was submitted Report No 89-2005 by Director of Planning and Transportation advising members of the action taken in dealing with dangerous buildings during the month of December 2004.

The Committee noted the contents of the report.

It was reported that the Convener had agreed that the undernoted item be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

V PETITION TO THE SCOTTISH PARLIAMENT - PLANNING APPEALS

There was submitted Agenda Note AN97-2005, making reference to Article IV of the minute of meeting of this Committee of 28th June 2004, wherein the Committee noted the outcome of the meeting of the Public Petitions Committee of 9th June 2004 whereby that Committee agreed to progress consideration of the Council's Petition by seeking comments on the issues raised by The Scottish Executive and other bodies closely involved in the planning system.

It was reported that the Public Petitions Committee resumed consideration of the Petition at their meeting on 23rd February 2005 and considered all written responses received.

The Scottish Executive's response advised the Public Petitions Committee that "Ministers are in advance of a White Paper on planning modernisation in Spring 2005 currently considering a wide range of issues in relation to planning and I would not wish to prejudice their decisions by commenting further on the likelihood or desirability of such a reform. I would merely recall the commitments in the Partnership Agreement to "improve the planning system to strengthen involvement of communities, speed up decisions, reflect local views better and allow quicker investment decisions." There is also a commitment to "consult on new rights of appeal in planning cases". Ministers will be considering reform of planning as a whole in light of these circumstances".

The Public Petitions Committee agreed to pass a copy of the Petition and responses received to the Scottish Executive as part of its consultation on the proposed planning modernisation bill.

The Committee noted accordingly.

ROD WALLACE, Convener.