F I F E
C O U N C I L
WEST FIFE AREA DEVELOPMENT COMMITTEE
8TH JUNE 2005
AGENDA ITEM NO. 8
PLANNING APPEAL PROGRESS REPORT
1.0
PURPOSE
1.1
The purpose of this report is to provide the agreed Quarterly Progress Report on planning
appeals lodged and decisions reached.
2.0
FINANCIAL IMPLICATIONS
2.1
None. The report is for information and noting.
3.0
LEGAL IMPLICATIONS
3.1
None. The report is for information and noting.
4.0
PLANNING APPEALS LODGED
4.1
Refusal of planning permission
(a)
04/01486/WFULL – 62 Struan Place, Invekeithing; erection of boundary fence; John
S. D. Murie (02/03/05).
(b)
04/01986/WFULL – 32-34 Main street, Newmills; variation to condition 2 of planning
permission PL96/0232 to allow extended opening hours of café/hot food takeaway
from 07.00 hours until 23.00 hours; Kartar Singh Burhaya (05/05/50).
(c)
04/03517/WFULL – 19 Collins Crescent, Dalgety Bay; first floor extension to
dwellinghouse; Mr. & Mrs. McIlhone (10/05/05).
(d)
03/04178/WOPP – The John Sutcliffe Building, Fulmar Way, Donibristle Industrial
Estate, Dalgety Bay; outline planning permission for the erection of a superstore
(Class 1), formation of access, car parking and associated facilities; Halladale
Developments Ltd (24/03/05).
(e)
04/02869/WFULL – Rosyth Royal Dockyard, Rosyth; deletion of condition 10 of
planning permission 03/02788/WFULL; Clydeport Plc (01/04/05).
5..0
PLANNING APPEAL DECISIONS
5.1
Appeals dismissed
(a)
04/01572/WOPP – 4 Old Linburn Road, Dunfermline; outline planning permission for
the erection of a dwellinghouse; Mr. & Mrs. Bain (06/04/05).
The Reporter dismissed the appeal on the grounds that a substantial loss of tree
cover in this location would adversely affect both landscape character and local
amenity within this part of the urban area.
The Reporter concluded that the
development would not comply with the (wider) policy framework applying to the site
as well as leading to the loss of trees. The Reporter also concluded that, on
balance, the proposal did not accord with the Development Plan.
(b)
04/015223/WOPP – land adjacent to Tigh-Ard, Knockhouse Hill, Crossford; outline
planning permission for the erection of one dwellinghouse; Donald Whyte (14/04/05).
The Reporter concluded that the proposal was not in accordance with the relevant
policies in the Dunfermline and the Coast Local Plan which seek to retain mature or
semi-mature trees unless their removal is strongly justified and which seek to protect
woodlands and hedgerow from inappropriate development.
(c)
04/00346/WFULL – Telecommunications Mast, Logie House Estate, Crossford;
installation of telecommunications mast, 6 antennas and 4 transmission dishes (total
height 17.375m), erection of 2 cabinets and formation of compound; Vodafone Ltd
(10/03/05).
The Reporter concluded that the proposal was substantially at odds with Policy INF4
of the adopted Dunfermline and the Coast Local Plan, because mast sharing in this
particular case would be visually unacceptable, especially in relation to the views of
the Dunfermline skyline from Waggon Road.
A claim by Fife Council for the award of expenses was dismissed.
5.2
Appeals sustained.
(a)
04/00640/WOPP – Vacant unit and land to rear, Primrose Lane, Rosyth; outline
planning permission for residential use; Thomas Mitchell Builders Ltd (07/02/05).
The Reporter concluded that the redevelopment of the site and building would not
prejudice the employment land supply in the area or the range of sites available.
The residential development proposed would not unduly restrict the range of
employment uses on the adjoining site, or set an unwelcome precedent for the
redevelopment of other employment sites. The residential development would not
exceed the housing land requirement.
The Reporter granted outline planning permission and imposed conditions relating to
noise attenuation details, drainage, flood prevention and road access to meet the
Council’s technical requirements. These conditions are in addition to the statutory
requirements and reserved matters.
6.0
ENFORCEMENT NOTICE APPEALS LODGED
6.1
(a)
The Foundry, 33 Carnegie Drive, Dunfermline: the installation of unauthorised roller
shutters; Bellhaven Pubs Division; (16/03/05).
(b)
17a St. Andrews Street, Dunfermline; unauthorised change of use from a bakery to
café/hot food takeaway; Mehmet Boyaci; (18/03/05).
7.0
CONCLUSION
7.1
This report is for your information and noting. If you require specific information on an item
or further clarification then please contact the relevant case officer during normal working
hours.
Keith Winter
Head of Development Services
New City House
1 Edgar Street
Dunfermline
Author: Morag McRaith, Development Control Technician
Date:20th May 2005
Ref: MMCR/LT/PAPP.20.5.LT
QUARTERLY ENFORCEMENT REPORT TO COMMITTEE – 8TH JUNE 2005
DATE SERVED
05/011/2003
25/06/2003
SITE ADDRESS/
LOCATION
ENFORCEMENT
REASON
33 Cairngrove,
Crossford
Enforcement Notice
served on unauthorized
fence
26 South Row,
Charlestown
Enforcement Notice on
unauthorized fence
APPEALS
NO
YES
03/03/2005
The Foundry
33 Carnegie Drive
Dunfermline
Unauthorised solid
roller shutter in
conservation area
YES
08/12/2004
La Zara Café
17A St. Andrews
Street,
Dunfermline
Unauthorised change of
use to hot food
takeaway
YES
Development at
King
Street/Commercial
Road, Inverkiething
Breach of Conditions in
respect of Planning
Permission
03/02702/WFULL
regarding Listed Doocot
N/A
NO
CURRENT
STATUS
Fence reduced
in height and is
now Permitted
Development
Awaiting the
Scottish
Executive
Reporter’s site
visit and
decision
Awaiting the
Scottish
Executive
Reporter’s site
visit and
decision
Awaiting the
Scottish
Executive
Reporter’s site
visit and
decision
Notice served
on 09/05/2005
identifying
steps 1 to 5 to
ensure
compliance
DATE FOR
COMPLIANCE
COMMENTS
Expired
Resolved
To be advised
by the Scottish
Executive
Pending Decision by
Scottish Executive
To be advised
by the Scottish
Executive
Pending Decision by
Scottish Executive
To be advised
by the Scottish
Executive
Pending Decision by
Scottish Executive
Varies
dependant on
steps.
From –
14/6/2005
To – 08/8/2005
The reason for the relevant
condition and subsequent
Breach of Condition Notice
is to ensure the retention
of the Listed Doocot
QUARTERLY ENFORCEMENT REPORT TO COMMITTEE – 8TH JUNE 2005
DATE SERVED
SITE ADDRESS/
LOCATION
ENFORCEMENT
REASON
APPEALS
CURRENT
STATUS
DATE FOR
COMPLIANCE
COMMENTS
White Lodge,
1 King Street,
Inverkeithing.
Enforcement Notice
served on the
unauthorized demolition
of a Listed wall
NO
Being
monitored
09/06/02005
Material to build wall on
site.
15 Wedderburn Pl,
Dunfermline
Section 179 Notice
served in respect of
disamenity to
residential
neighbourhood.
NO
Being
monitored
27/06/2005
Already partially tidied up.
06/04/2005
R.M. Supplies
Cruickness Road
Inverkeithing.
Breach of Planning
Control
N/A
Notice not yet
served
[see
comments]
N/A
Ongoing discussions with
company to resolve issues
without proceeding to
formal action are making
progress.
11/05/2005
Chopsticks
Queensferry Road
Rosyth
Unautherised
installation of extractor
fan and flue
NO
Discussions to
resolve matter
with planner
and
Environmental
Services
complete
Timescale
allowed for
installation of
approved flue
expires
31/05/2005
Position update at
committee.
[Report prepared
18/05/2005 ]
09/02/2005
06/04/2005