Planning Committee (including Former Development Management And Development Quality) - 22/01/2001

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 22nd January, 2001.

 

Present:-

 

COUNCILLORS

 

Lord Provost Helen WRIGHT

Willie W SAWERS

Iain M LUKE

George de GERNIER

Joe FITZPATRICK

Jim BARRIE

John R LETFORD

Allan PETRIE

Julia M STURROCK

Betty WARD

George REGAN

Neil GLEN

Jill SHIMI

Bruce D MACKIE

Elizabeth F FORDYCE

Ian BORTHWICK

Roderick A J WALLACE

Fiona M GRANT

Robin PRESSWOOD

Kenneth J N GUILD

David BOWES

Andrew DAWSON

Derek J SCOTT

Mervyn J ROLFE

 

C D P FARQUHAR

 

 

Councillor GRANT, Convener, in the Chair.

 

The minute of meeting of this Committee of 11th December, 2000 was held as read.

 

Unless marked thus * all items stand delegated.

 

I BLACKNESS NURSERY - SITE PLANNING BRIEF

 

Reference was made to the minute of meeting of the Planning and Transportation Committee of 30 October, 2000 which approved the above Site Planning Brief for consultation purposes.

 

The Committee noted the terms of the brief so far as its interests were concerned and agreed that it be a material consideration in the consideration of any subsequent applications for planning consent for the site.

 

II PLANNING APPEAL DECISION - PROPOSED DEVELOPMENT AT AMBASSADOR ROUTE (ARBROATH ROAD)

 

Reference was made to the minute of meeting of this Committee of 28th February, 2000 wherein the above proposal was refused planning permission on the grounds detailed therein.

 

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

 

III TENDERS RECEIVED BY THE CITY ENGINEER

 

There was submitted Report No 54-2001 by the City Engineer relative to the above.

 

The Committee agreed that the offer submitted by George Martin Limited for the amount of 8,190 to which fell to be added contingencies and fees of 5,000, giving a total expenditure of 13,190 be accepted in respect of the repair of the mutual chimney at 64/70 Bell Street, Dundee, it being noted that the costs of the project would be reclaimed from the private owners of the properties involved.

 

IV APPEAL AGAINST NON DETERMINATION OF HOUSING APPLICATION AT MAYFIELD, ARBROATH ROAD (D22707)

 

It was reported that an application for a housing development at Mayfield had been received from Cala Homes in June 1997, which application had been the subject of extensive negotiations with officers of the Council and the application had been amended on many occasions.

 

It was further reported that the applicants had now appealed the non determination of their application to the Scottish Executive and instructions were sought from the Committee as to how this appeal should be dealt with.

The Committee remitted to the Director of Planning and Transportation to seek the sisting of the appeal to allow the continuing negotiations between the Council and Cala Homes to reach fruition and should this not be acceptable to the appellants, it was agreed that the Committee would support the refusal of the application on the grounds that:-

 

(a) the proposed development contravenes policy H10 of the Dundee Local Plan 1998 because it breaches the mix of flats to houses and because a number of houses do not enjoy useful private garden areas of 120m2;

 

(b) the development involves the felling of an excessive number of trees of significant amenity value which are protected by a tree preservation order; and

 

(c) the development prejudices the outcome of current discussions with the further education authorities within the city which might result in the site being required for educational use as allowed for in proposal HS45 of the Dundee Local Plan 1998.

 

V PLANNING APPLICATIONS

 

(a) D24221 - Cowgate (North Westmost Pavement) Dundee - Erection of Police Box Kiosk on Pavement selling Coffee and Muffins for California Coffee Co Ltd

 

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

 

(i) the proposal contravenes Policy BE11 of the Dundee Local Plan 1998 due to its adverse visual impact on the character of the Outstanding conservation area and there are no material considerations which would justify the approval of this application contrary to this policy;

 

(ii) the proposal contravenes Policy MV9 of the Dundee Local Plan 1998 due to its adverse affect on the free flow of pedestrians throughout the city centre and there are no material considerations which would justify the approval of this application contrary to this policy.

 

(b) D24222 - High Street close to Junction with Crichton Street, Dundee - Erection of Police Box Kiosk on Pavement selling Coffee and Muffins for California Coffee Co Ltd

 

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

 

(i) the proposal contravenes Policy BE11 of the Dundee Local Plan 1998 due to its adverse visual impact on the character of the Outstanding conservation area and there are no material considerations which would justify the approval of this application contrary to this policy;

 

(ii) the proposal contravenes Policy MV9 of the Dundee Local Plan 1998 due to its adverse affect on the free flow of pedestrians throughout the city centre and there are no material considerations which would justify the approval of this application contrary to this policy.

 

(c) D24223 - Panmure Street (North Pavement), Dundee - Erection of Police Box Kiosk on Pavement selling Coffee and Muffins for California Coffee Co Ltd

 

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

 

(i) the proposal contravenes Policy BE11 of the Dundee Local Plan 1998 due to its adverse visual impact on the character of the Outstanding conservation area and there are no material considerations which would justify the approval of this application contrary to this policy;

(ii) the proposal contravenes Policy MV9 of the Dundee Local Plan 1998 due to its adverse affect on the free flow of pedestrians throughout the city centre and there are no material considerations which would justify the approval of this application contrary to this policy.

 

(d) D24224 - Panmure Street near Junction with Euclid Crescent, Dundee - Erection of Police Box Kiosk on Pavement selling Coffee and Muffins for California Coffee Co Ltd

 

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

 

(i) the proposal contravenes Policy BE11 of the Dundee Local Plan 1998 due to its adverse visual impact on the character of the Outstanding conservation area and there are no material considerations which would justify the approval of this application contrary to this policy;

 

(ii) the proposal contravenes Policy MV9 of the Dundee Local Plan 1998 due to its adverse affect on the free flow of pedestrians throughout the city centre and there are no material considerations which would justify the approval of this application contrary to this policy.

 

(e) D24225 - Barrack Street (East Pavement), Dundee - Erection of Police Box Kiosk on Pavement selling Coffee and Muffins for California Coffee Co Ltd

 

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

 

(i) the proposal contravenes Policy BE11 of the Dundee Local Plan 1998 due to its adverse visual impact on the character of the Outstanding conservation area and there are no material considerations which would justify the approval of this application contrary to this policy;

 

(ii) the proposal contravenes Policy MV9 of the Dundee Local Plan 1998 due to its adverse affect on the free flow of pedestrians throughout the city centre and there are no material considerations which would justify the approval of this application contrary to this policy.

 

(f) D24226 - Tay Square (Southmost Corner), Dundee - Erection of Police Box Kiosk on Pavement selling Coffee and Muffins for California Coffee Co Ltd

 

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

 

(i) the proposal contravenes Policy BE11 of the Dundee Local Plan 1998 due to its adverse visual impact on the character of the Outstanding conservation area and there are no material considerations which would justify the approval of this application contrary to this policy;

 

(ii) the proposal contravenes Policy MV9 of the Dundee Local Plan 1998 due to its adverse affect on the free flow of pedestrians throughout the city centre and there are no material considerations which would justify the approval of this application contrary to this policy.

 

(g) D24227 - Commercial Street (Southwest Side) close to Junction with Murraygate, Dundee - Erection of Police Box Kiosk on Pavement selling Coffee and Muffins for California Coffee Co Ltd

 

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

 

(i) the proposal contravenes Policy BE11 of the Dundee Local Plan 1998 due to its adverse visual impact on the character of the Outstanding conservation area and there are no material considerations which would justify the approval of this application contrary to this policy;

 

(ii) the proposal contravenes Policy MV9 of the Dundee Local Plan 1998 due to its adverse affect on the free flow of pedestrians throughout the city centre and there are no material considerations which would justify the approval of this application contrary to this policy.

 

(h) D24228 - Crichton Street (North East Pavement) Outside Housing Division, Dundee - Erection of Police Box Kiosk on Pavement selling Coffee and Muffins for California Coffee Co Ltd

 

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

 

(i) the proposal contravenes Policy BE11 of the Dundee Local Plan 1998 due to its adverse visual impact on the character of the Outstanding conservation area and there are no material considerations which would justify the approval of this application contrary to this policy;

 

(ii) the proposal contravenes Policy MV9 of the Dundee Local Plan 1998 due to its adverse affect on the free flow of pedestrians throughout the city centre and there are no material considerations which would justify the approval of this application contrary to this policy.

 

(i) D24229 - Nethergate (Close to Junction of Park Place, Dundee) - Erection of Police Box Kiosk on Pavement selling Coffee and Muffins for California Coffee Co Ltd

 

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

 

(i) the proposal contravenes Policy BE11 of the Dundee Local Plan 1998 due to its adverse visual impact on the character of the Outstanding conservation area and there are no material considerations which would justify the approval of this application contrary to this policy;

 

(ii) the proposal contravenes Policy MV9 of the Dundee Local Plan 1998 due to its adverse affect on the free flow of pedestrians throughout the city centre and there are no material considerations which would justify the approval of this application contrary to this policy.

 

(j) D24230 - West Marketgait, Walkway linking Nethergate, Dundee - Erection of Police Box Kiosk on Pavement selling Coffee and Muffins for California Coffee Co Ltd

 

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

 

(i) the proposal contravenes Policy BE11 of the Dundee Local Plan 1998 due to its adverse visual impact on the character of the Outstanding conservation area and there are no material considerations which would justify the approval of this application contrary to this policy;

(ii) the proposal contravenes Policy MV9 of the Dundee Local Plan 1998 due to its adverse affect on the free flow of pedestrians throughout the city centre and there are no material considerations which would justify the approval of this application contrary to this policy.

 

(k) D24880 - Charleston Bar, 83 Charleston Drive, Dundee - Alteration to South Elevation and Change of Use from Patio to Beer Garden for Albany Inns Ltd

 

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

 

(l) D24902 - Fisher Street, Broughty Ferry, Dundee - Construction of Above Ground Control Box for Catchment Tay Ltd

 

After considering objections received, the Committee approved the application subject to the condition recommended by the Building Quality Manager and subject to the additional condition that the applicant shall submit a scheme for the blocking up of the steps to the south of the application site, to the Council, for approval prior to the commencement of any development and if approved the works shall be carried out in accordance with the approved details and completed prior to the commissioning of the control box.

 

(m) D24903 - Jetty Lane/Fisher Street, Broughty Ferry, Dundee - Construction of Above Ground Control Box for Catchment Tay Ltd

 

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

 

(n) D24913 - Site C Ninewells Avenue, Dundee - Amendment to Housing Layout and House Types for H & H Properties

 

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

 

(o) D24928 - Unit 6, 119 Clepington Road, Dundee - Change of Use from Class 4 Business to Storage, Display, Distribution, Wholesale and Retail Sale of Wall Tiles and Associated Products for Multi Tile Limited

 

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

 

(i) the proposed development is not in accordance with Retailing Policy RP4A of the Tayside Structure Plan 1993 and Retailing Policy S20 of the Dundee Local Plan 1998 as it is located in an out of centre location and does not satisfy all the criteria of these policies as required. There are no material considerations that would justify departing from the policies of the development plan in this instance;

 

(ii) the proposed development is not in accordance with the guidance contained within National Planning Policy Guideline 8 Town Centres and Retailing (Revised 1998) as it is in an out of centre location not identified for retailing in the development plan and does not satisfy all the required criteria specified in paragraph 45 of NPPG8. There are no material considerations that would justify departing from the policies of the development plan in this instance.

 

(p) D24929 - 114 High Street, Lochee, Dundee - Change of Use from Bakers to Bakers with Hot Food Takeaway for Clark's Bakery

 

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

(q) D24950 - Entrance Foyer, Wellgate Centre, Dundee - Variation of Condition 2 of Planning Permission Ref: D23991 to allow sale of Toasted Panini Sandwiches for Starbucks Coffee (UK) Ltd

 

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

 

(r) D24953 - 46 Court Street, Dundee - Change of use from Hairdressers to Accountants for Asrar Uni-Nabi

 

The Committee approved the application.

 

(s) D24954 - Site 3D, Ardler, Dundee - Erection of 41 Dwelling Houses, 12 Semi, 25 Terraced and 4 No Flats all 2 Storey with Associated Parking, Landscaping and Roads

 

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

 

(t) D24957 - Lintrathen Gardens, Dundee - Erection of 10 Detached, 6 Semi-Detached Two Storey Houses and 5 Bungalows - Access Road and Associated Works

 

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

 

(u) D24970 - 5 Hillside Drive, Dundee - Extension on East and South Elevations of House for Mr and Mrs Kydd

 

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

 

(v) D24988 - 1A Rattray Street, Dundee - Change of Use from Proprietorial Club to Public House for Mr Alex Sweeney

 

The Committee noted that the above application had been withdrawn from the agenda.

 

(w) D24991 - Baldragon Farm, Strathmartine Road, Dundee - Change of House Types for Bett Homes

 

After considering objections received, the Committee approved the application.

 

(x) D25003 - Scottish Hydro Electric Office and Depot, Claverhouse Industrial Estate, Dundee - Change of Use and Extensions and Alterations to Provide Vehicle Adaptation/Conversion/Repair Workshops and Motor Retail for Mr John Robertson

 

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

 

(y) D24978 - Vacant Land Adjacent to Elcho Drive, Balgillo Park, Dundee - Outline Application for Residential Development for Bett Homes

 

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

 

 

 

 

FIONA GRANT, Convener.