Present at meeting

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 28th August, 2000.

Present:-

COUNCILLORS

Councillor GRANT, Convener, in the Chair.

The minute of meeting of this Committee of 26th June, 2000 was held as read.

Unless marked thus * all items stand delegated.

I TOWN AND COUNTRY PLANNING (HAZARDOUS SUBSTANCES) (SCOTLAND) REGULATIONS 1993 - APPLICATION (UNDER REGULATION 5(3)) FOR CONTINUATION OF DEEMED HAZARDOUS SUBSTANCES CONSENT

I TOWN AND COUNTRY PLANNING (HAZARDOUS SUBSTANCES) (SCOTLAND) REGULATIONS 1993 - APPLICATION (UNDER REGULATION 5(3)) FOR CONTINUATION OF DEEMED HAZARDOUS SUBSTANCES CONSENT

There was submitted Report No.445-2000 by the Director of Planning and Transportation relative to the above. The Committee approved the recommendation in the report that for the reasons specified in Section 6.7 the permission be granted to continue the existing conditional deemed hazardous substances consent in respect of the Dock Street Holders Station Site, Dock Street, Dundee.

II PLANNING APPEAL DECISIONS

II PLANNING APPEAL DECISIONS

(a) 41-43 Reres Road, Broughty Ferry - Conversion and Extension of House to Form Four Houses and On-Street Parking

Reference was made to the minute of meeting of this Committee of 26th October, 1999 wherein the above proposal was refused planning permission and listed building consent on the grounds detailed therein.

The Committee noted that the applicant had subsequently appealed against the foregoing decision and that the appeal had been dismissed.

(b) 96 Victoria Road

Reference was made to a decision of the Council on 23rd October, 1999 under powers delegated to the Director of Planning and Transportation in consultation with the Convener, to grant advertisement consent with conditions.

It was reported that the decision to impose certain conditions and that the Reporter had intimated that he was minded to refuse the application whereupon the appeal had been withdrawn.

(c) The Cottage, 1 Thomson Street

Reference was made to the decision of the Council on 3rd November, 1999 under powers delegated to the Director of Planning and Transportation in consultation with the Convener to refuse planning permission for reasons related to the loss of garden ground and overdevelopment of a restricted site.

It was reported that the applicants had appealed against the foregoing decision and that the appeal had been upheld and planning permission granted with conditions relating to timescales for implementation and the provision of samples of materials.

The Committee noted accordingly.

III A92 PROJECT - PLANNING APPLICATION D24584 - HOUSING DEVELOPMENT AT BALGILLO PARK AND RELATED SECTION 75 AGREEMENT

III A92 PROJECT - PLANNING APPLICATION D24584 - HOUSING DEVELOPMENT AT BALGILLO PARK AND RELATED SECTION 75 AGREEMENT

Reference was made to a decision of this Committee of 26th June, 2000 to approve planning application D24584 for the final phase of the Balgillo Park Housing Development subject to the conclusion and recording of a Section 75 Agreement requiring the applicants to transfer to the Council at nil value, land required for the dualling of the adjacent A92 and to notify householders of the proposed scheme.

It was reported that in discussion with Betts it emerged that the Company was willing to transfer the land on the terms indicated provided additional land in their ownership adjoining the proposed road was included in the transaction. The landscaping and maintenance of this additional area of ground would require to be included in the landscaping proposals for the A92 and therefore fall as a commitment on that project rather than on Bett Homes.

The Committee agreed that provided Bett Homes were prepared to transfer to the Council the entire area indicated on the plan which was displayed at the meeting at nil value, and subject to Angus Council indemnifying Dundee City Council from all landscaping and maintenance responsibilities for the area of land to be transferred for the 30 year duration of the PFI Project, the scope of the Section 75 Agreement relating to application D24584 be extended on that basis.

IV LOCAL TRANSPORT STRATEGY

IV LOCAL TRANSPORT STRATEGY

Reference was made to the minute of meeting of this Committee of 26th June, 2000 wherein the Committee agreed to:-

(i) endorse the policy statements in the departmental local transportation strategy for Dundee and approve its submission to the Scottish Executive in October 2000; and

(ii) authorise the Director of Planning and Transportation to use the local transport strategy as a basis of external funding bids and for consultation purposes.

It was reported that the draft NPPG1 (Revision) currently issued for consultation recommended that sustainable transport considerations, a fundamental objective of local transport strategies, should be an integral component in development control decision making as opposed to being seen as an additional factor to be taken into account.

The Committee approved the recommendation that the content of the draft Dundee Local Transport Strategy (July 2000) and the subsequent approved final version should be a material consideration in the determination of planning applications and in the Committee's discharge of related responsibilities.

V REVIEW OF LOCAL PLAN POLICY ON DAY NURSERIES AND PRIVATE NURSERY SCHOOLS

V REVIEW OF LOCAL PLAN POLICY ON DAY NURSERIES AND PRIVATE NURSERY SCHOOLS

There was submitted Report No.232-2000 by the Director of Planning and Transportation relative to the above.

The Committee approved the terms of the report so far as its interests were concerned.

VI PLANNING APPLICATIONS

VI PLANNING APPLICATIONS

(a) D24319 - Former Van Leer Site, Kingsway West- Erection of Non-food Retail Warehouse with Ancillary Buildings for B and Q Plc

The Committee acceded to a request which had been received for a deputation to be heard in support of the application. Once the deputation had stated its case it was thanked for its attendance and withdrew.

Thereafter Councillor Mackie, seconded by Councillor Borthwick moved that, as requested by the deputation, consideration of the application be deferred for one month to enable members to clarify aspects of structure plan policy with the Director.

As an amendment the Convener, seconded by Councillor Presswood, moved that consideration of the application be not deferred.

On a division, there voted for the motion - Councillors Luke, Richard Beattie, Dawson, Petrie, Guild, Dave Beattie, Fordyce, Powrie, Mackie, Wallace, Scott and Borthwick (12); and for the amendment - the Convener and Councillors de Gernier, Letford, Ward, Shimi, Presswood, Regan, Farquhar, Sturrock, Rolfe and Corrigan (11) - whereupon the motion was declared carried.

(b) D24444 - 1 Claverhouse Old Road - Erection of 3 Dwellinghouses for Mr J Marr

The Committee noted that the above application had been withdrawn by the applicant.

(c) D24536 - 3 Shiell Street, Broughty Ferry - Change of Use from Storage Area to Children's Nursery on Lower Ground Floor for Leanne Henderson

The Committee acceded to a request which had been received for a deputation to be heard in support of the application. Once the deputation had stated its case it was thanked for its attendance and withdrew.

Thereafter, having considered objections received Councillor Mackie, seconded by Councillor Wallace, moved approval of the application subject to the condition that prior to the commencement of the development Shiell Street shall be widened to a width of 4 metres for a distance of approximately 50 metres north from the access to the application site to the commencement of the adopted highway, all in accordance with details which shall be agreed in writing with the Council and, once agreed, the development shall be undertaken in full accordance with such approved details, in the interests of pedestrian and traffic safety.

As an amendment the Convener, seconded by Councillor Presswood, moved refusal of the application on the grounds that (I) the proposed change of use to a children's nursery is not in accordance with Social, Community and Educational Facilities Policy SCE4 of the Dundee Local Plan 1998 as it fails to meet Criteria (D) as it would take access from a cul de sac and a residential road of less than 5.5 metres wide. There are no material considerations that would justify departing from the policies of the development plan in this instance, (ii) the proposed nursery is not in accordance with Housing Policy H1 of the Dundee Local Plan 1998 as it would detrimentally affect the environmental quality of existing residents by virtue of parking traffic movement and pedestrian safety problems. There are no material considerations that would justify departing from the policies of the development plan in this instance, and (iii) the proposed change of use to a children's nursery is not in accordance with the revision to Social, Community and Educational Facilities Policy SCE4 as approved by the Planning and Transportation Committee on the 22nd May, 2000 as it would take access from a cul de sac and a residential road of less than 4.8 metres wide. There are no material considerations that would justify departing from the policies of the local plan in this instance.

On a division, there voted for the motion - Councillor Shimi, Regan, Farquhar, Sturrock, Richard Beattie, Petrie, Guild, Fordyce, Powrie, Mackie, Wallace, Scott and Borthwick (13); and for the amendment - the Convener and Councillors de Gernier, Letford, Ward, Presswood, Luke, Rolfe, Dawson, Corrigan and Dave Beattie (10) - whereupon the motion was declared carried.

(d) D24631 - Douglas Terrace, Broughty Ferry - Construction of Below Ground Pumping Main, Pumping Station, Stormwater Storage Tank, an Above Ground Boat Ramp, Control Kiosk and Associated Pipework for Catchment Tay Ltd

The Committee noted that a request for a deputation to be heard relative to objections to the application had been withdrawn.

Thereafter, having considered objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager and subject to the additional condition that the hours of operation for the construction works be between 8 am and 7 pm Monday to Friday and not at all at weekends.

(e) D24634 - William Fitzgerald Way/Emmock Woods Drive, Claverhouse - Erection of 4 Flatted dwellings and a Shop Unit with 4 No Lock-Up Garages Serving the Flats for Baldragon Home Ltd

After considering objections received, Councillor Dawson, seconded by Councillor Petrie moved refusal of the application on the grounds that the proposal was detrimental to residential amenity.

As am amendment, the Convener, seconded by Councillor Shimi, moved approval of the application subject to the conditions recommended by the Building Quality manager and subject to the condition that the hours of operation of the shop shall be restricted from between 7 am and 8 pm.

On a division, there voted for the motion - Councillors de Gernier, Letford, Luke, Richard Beattie, Dawson, Petrie, Guild, Dave Beattie, Fordyce, Powrie, Wallace, Scott and Borthwick (13); and for the amendment - the Convener and Councillors Ward, Shimi, Presswood, Regan, Farquhar, Sturrock, Rolfe, Corrigan and Mackie (10) - whereupon the motion was declared carried.

(f) D24643 - Clatto Country Park - Erection of Equestrian Centre with Ancillary Warden Accommodation, Outdoor Riding Arena and Car Parking for The Brae Partnership

The Committee approved the application subject to the conditions recommended by the Building Quality Manager.

(g) D24647 - 6 Claypotts Castle Gardens, Broughty Ferry - Erection of Conservatory to West Elevation for Mr & Mrs McIntosh

The Committee acceded to requests which had been received for deputations to be heard in support of and relative to objections to the application. Once the deputations had stated their cases they were thanked for their attendance and withdrew.

Thereafter, having considered objections received Councillor Scott, seconded by Councillor Mackie, moved refusal of the application on the grounds that the proposal was contrary to policies H1 and H10 of the Local Plan.

As an amendment the Convener, seconded by Councillor de Gernier, moved approval of the application subject to the condition recommended by the Building Quality Manager.

On a division, there voted for the motion - Councillors Sturrock, Corrigan, Fordyce, Powrie, Mackie, Wallace, Scott and Borthwick (8); and for the amendment - the Convener and Councillors de Gernier, Letford, Ward, Shimi, Presswood, Regan, Farquhar, Luke, Richard Beattie, Dawson, Guild and Dave Beattie - Councillor Petrie declining to vote - whereupon the amendment was declared carried.

(h) D24650 - Lawside Road - Erection of Occupational Therapy Facility incorporating Part of Existing Building for Bishopcross Investments Ltd

After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.

(i) D24656 - 28 Trades Lane - Change of Use from Wholesale Warehouse to Furniture Retail with Elevational Alternations & Re-Roofing for Sangobeg Developments Ltd

After considering objections received, the Committee approved the application subject to the conditions recommended by the Building Quality Manager.

(j) D24660 - Unit 11 Faraday Street - Change of Use to Form Motorcycle Training Facility and Erection of Portacabin for Sidney Marr

The Committee approved the application subject to the condition recommended by the Building Quality manager and subject to the additional condition that the hours of operation of the premises be restricted to between 8 am and 8 pm.

(k) D24671 - 44A Court Street - Change of Use from Vacant Shop to Hot Food Take Away for Ian Tait

The Committee acceded to a request which had been received for a deputation to be heard in support of the above application. Once the deputation had stated its case it was thanked for its attendance and withdrew.

Thereafter, having considered objections received, the Committee refused the application on the grounds that (i) the proposed change of use is not in accordance with Leisure and Tourism Policy LT8 of the Dundee Local Plan 1998 as it would result in a hot food take away being located within 30 metres of existing residential properties and would detrimentally affect the environmental quality enjoyed by existing residents resulting from potential noise and smell nuisances. There are no material considerations that would justify departing from the policies of the development plan in this instance; and (ii) the proposed change of use is not in accordance with Housing Policy H1 of the Dundee Local Plan 1998 as it would detrimentally affect the environmental quality enjoyed by existing residents by virtue of potential noise and smell nuisances and there are no material considerations that would justify departing from the policies of the development plan in this instance.

(l) D24693 - Site 3B, North of Turnberry Avenue, West of Ardler Complex, Ardler - Erection of 40 Unit Sheltered Housing Scheme with Communal Facilities and a Warden's Dwelling for Sanctuary Scotland Housing Association

The Committee approved the application subject to the conditions recommended by the Building Quality Manager.

(m) D24695 - Littlewoods Store, Overgate Centre, 40 High Street - Overcaldding of Existing Littlewoods Store for Lend Lease Dundee Development Ltd

The Committee approved the application subject to the conditions recommended by the Building Quality Manager.

(n) D24697 - Myrekirk Road/Brunell Road, Wester Gourdie - Erection of Children's Nursery for Castlelaw (No 305) Ltd

The Committee approved the application subject to the conditions recommended by the Building Quality Manager.

(o) D24699 - 298 Strathmore Avenue - Change of Use from Retail Outlet to Fast Food Outlet (Chip Bar) with External Alterations including Installation of Flue for Mr Peter Cochrane

The Committee acceded to a request which had been received for a deputation to be heard in support of the above application. Once the deputation had stated its case it was thanked for its attendance and withdrew.

Thereafter, having considered objections received, the Committee refused the application on the grounds that (i) the proposed change of use is contrary to Policy LT8 of the Dundee Local Plan 1998 as it would result in a hot food premises being located within 30 metres of existing and proposed residential property and would detrimentally affect the environmental quality enjoyed by residents by virtue of noise and traffic. There are no material considerations which will justify setting aside the policy; and (ii) the proposed change of use is contrary to Policy H1 of the Dundee Local Plan 1998 as it will result in a hot food takeaway premises located within 30 metres of existing and proposed residential property and would detrimentally affect the environmental quality enjoyed by residents by virtue of noise and traffic movement. There are no material considerations which justify setting aside the policy in this instance.

(p) D24709 - Plots 42-71, Lawers Drive, Panmurefield Road, Broughty Ferry - Erection of 30 Number Dwellinghouses for Persimmon Homes East Scotland Ltd

The Committee approved the application subject to the conditions recommended by the Building Quality Manager.

(q) D24716 - 38 Mallaig Avenue, Gowrie Park - Extension to Dwellinghouse for Mr & Mrs McDonald

After considering objections received the Committee approved the application.

(r) D24729 - Dundee Technology Park, Explorer Road - Proposed Call Centre and Switch Centre for Mr N Day, Scottish Enterprise Tayside

The Committee approved the application subject to the conditions recommended by the Building Quality Manager.

(s) D24662 - Marchfield Road/Western Cemetery - Renewal of Outline Consent for One Dwellinghouse for Mr M McNaught

The Committee acceded to a request which had been received for a deputation to be heard relative to objections to the above application. Once the deputation had stated its case it was thanked for its attendance and withdrew.

Thereafter, the Committee, having considered objections received, deferred consideration of the application to the next meeting.

FIONA GRANT, Convener.