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					Application No 08/00082/FUL                            Item 9                                                  Page 29
KEY INFORMATION
Ward         The Ferry


Proposal

Erection of a pigeon loft

Address

409 Brook Street
Broughty Ferry
Dundee

Applicant

A Duncan
409 Brook Street
Broughty Ferry
Dundee
DD5 2DX

Agent



                             Pigeon Loft Proposal for Central
Angus Johnman
11 Harley Street
Broughty Ferry


                             Broughty Ferry
Dundee

Registered     25 Feb 2008
Case Officer Stephen Page
                             The erection of a pigeon loft is RECOMMENDED FOR APPROVAL subject to conditions. Report by
                             Director of Planning and Transportation



RECOMMENDATION               SUMMARY OF REPORT
The proposed pigeon loft     •   The application seeks retrospective planning permission for a pigeon loft situated to
complies with Policy 1 of        the rear of houses at 409 Brook Street and 1a Cross Street, Broughty Ferry.
the Dundee Local Plan
Review 2005. There are       •   Three objections were received concerned about the size of the structure, overlooking,
no material                      overshadowing, loss of amenity and environmental nuisance caused by the pigeons.
considerations that          •   The proposal has been found to comply with Policy 1 of the Dundee Local Plan Review
would justify laying aside       2005 and the contents of the objections are not supported.
the development plan to
refuse planning
permission. Therefore
the application is
recommended for
APPROVAL subject to
conditions.




Dundee City Council Development Quality Committee                                                         19 May 2008
Page 30                                                                               Application No 08/00082/FUL
DESCRIPTION OF PROPOSAL                   Scottish Planning Policies,                 is also relevant. 1a Cross Street was
                                                                                      granted planning permission on 24
The proposal is for the erection of a
                                          Planning Advice Notes and                   March 1997 with a condition that it
pigeon loft to the rear of 409 Brook      Circulars                                   have a rear garden area which
                                                                                      extended seven metres from the rear
Street, Broughty Ferry. The Pigeon
                                          There    are    no     statements  of       building line in order to protect the
Loft is of a wooden shed-like design of
                                          Government policy relevant to the           residential amenity of 409 Brook
approximately 12.5 metres wide and
                                          determination of this application.          Street.
2.5 metres deep with a pitched tiled
roof. The loft has been constructed
and subsequent to the planning
                                          Non Statutory Statements of                 It should be noted that this application
                                                                                      is for retrospective permission in that
application being lodged a further wire   Council Policy                              the loft was constructed in early 2008
frame extension of approximately 5 m2                                                 against the advice of planning
                                          There are no non statutory Council
has been added at the south east                                                      enforcement officers and is in full use.
                                          policies relevant to the determination
corner.                                                                               A new boundary fence with 1A Cross
                                          of this application.
                                                                                      Street is currently being erected.
SITE DESCRIPTION                          SUSTAINABILITY ISSUES
The development is within the rear
                                                                                      PUBLIC PARTICIPATION
                                          There are no specific sustainability
garden area of 409 Brook Street, which                                                The applicant has carried out the
                                                                           h
                                          policy implications arising from t is
lies to the north side of Brook Street.                                               statutory    neighbour  notification
                                          application.
Surrounding uses are predominantly                                                         procedure.
residential but with St Aidans
Church to the south.                                                                      Three objections have been
                                                                                          received concerned about the size
Included in the development is                                                            of the structure, overlooking,
some     land    take   from    a                                                         overshadowing, loss of amenity
neighbouring property of 1a Cross                                                         and    environmental    nuisance
Street which has resulted in the                                                          caused by the pigeons.
boundary fence being removed
towards the north-east.     Fence                                                         One additional objection was
                                                                                          received but was anonymous and
posts currently exist immediately
north of the pigeon loft which                                                            therefore invalid.     However it
would appear to be the initial                                                            raised no additional concerns from
                                                                                          those listed above.
stages of the erection of a new
boundary fence.                                                                           Copies of the objections are
                                                                                          available in the Member's Lounges
POLICY BACKGROUND                                                                         and the issues raised are discussed
                                                                                          in the Observations section below.
Dundee and Angus Structure
Plan 2001-2016                                                                            CONSULTATIONS
There are no policies relevant to                                                         No adverse comments have been
the    determination    of    this                                                        received     from     Statutory
application.                                                                              Consultees.

Dundee Local Plan 2005                                                                    OBSERVATIONS
The following policies are of                                                             In accordance with the provisions
relevance:                                                                                of Section 25 of the Act the
                                                                                          Committee is required to consider:
Policy 1: Vibrant And Sustainable
Communities - the City Council will       SITE HISTORY                                a    whether the proposals are
promote        vibrant    communities,                                                     consistent with the provisions of
encouraging the development of an         Prior to this application the property at        the development plan; and if not
appropriate range of services and         409 Brook Street had a pigeon loft in
facilities close to and within housing    its rear garden.            Before the      b    whether an exception to the
                                          construction of the present loft in              provisions of the development
areas. New development should be in
accordance with other policies in the     spring 2008, the rear garden area was            plan is justified by other material
Plan and seek to minimise any affect      smaller, with the extension into 1A              considerations.
                                          Cross Street occurring only during the
on the environmental quality enjoyed
by local residents by virtue of design,   construction of the present loft.           The Development Plan
layout, parking and traffic movement      The rear boundary of the garden has         The provisions of the development
issues, noise or smell.                   been moved further north-east to            plan relevant to the determination of
                                          accommodate the new pigeon loft.            this application are specified in the
                                          Therefore the status of 1a Cross Street     Policy background section above.

Dundee City Council Development Quality Committee                                                          19 May 2008
Application No 08/00082/FUL                                                                                        Page 31
Policy 1: Vibrant and Sustainable           enclosure, required for a purpose           permission contrary to the provisions
Communities - this policy seeks to          incidental to the enjoyment of the          of the Development Plan.        It is
ensure that new developments in             dwellinghouse) and therefore be             therefore recommended that planning
residential areas minimise their effect     classed as permitted development, not       permission be approved subject to
on       residential  amenity      and      requiring the submission of a planning      conditions.
environmental quality based on key          application.           However,       the
criteria:                                   development has extended beyond the         Design
                                            area defined as curtilage of the existing
Design and Layout: The appearance of                                                    The Pigeon loft is specifically
                                            house and occupied part of the
the pigeon loft is of a good quality and                                                designed for its purpose, being of
                                            curtilage of 1a Cross Street. The
as a result of its wooden boarding is                                                   wooden construction with a tiled roof
                                            normal permitted development rights
considered       to     resemble      the                                               and is considered to be of a reasonably
                                            therefore are not considered to apply in
construction style of a good quality                                                    attractive visual appearance.
                                            this case. It should be noted however
garden shed which would not be out of
                                                                                        CONCLUSION
                                            that the keeping of birds for the
place in a typical rear garden setting.
                                            domestic needs or personal enjoyment
The ridged roof is also considered to
                                            of the occupants of a dwellinghouse is
be in keeping with the general                                                          The proposal complies with the criteria
                                            stated as being within the terms of the
appearance of the local area. The loft                                                  of Policy 1 of the Dundee Local Plan
                                            order and as such this planning
has been placed on a slightly elevated                                                  Review 2005. There are no material
                                            application is considered on the basis
site in the rear garden ground of 409                                                   considerations that would justify
                                            of the building constructed, and as
Brook Street. The elevated site results                                                 laying aside the development plan to
                                            such should not concentrate on its use.
in an increase in overshadowing,                                                        refuse planning permission.
particularly to the garden area of 1a
                                            Objections
Cross Street but the occupant of that
property has not objected to the            Three objections were received citing
                                                                                        RECOMMENDATION
proposal.      The overshadowing is         concerns over the size of the structure,    It is recommended that consent be
however not significantly different         overlooking, overshadowing, loss of         GRANTED subject to the following
from that which would occur if a            amenity and environmental nuisance          conditions:
typical high garden fence were to be        caused by the pigeons.
                                                                                        1    The       development      hereby
constructed on that boundary and as
                                            These issues have been considered in             permitted shall be commenced
such is not sufficient to warrant refusal
                                            the assessment against policy one of             within five years from the date of
of the application.
                                            the Dundee Local Plan Review 2005                this permission.
Parking & Traffic Movement Issues:          and the development was found to
The parking area associated with 409        cause some overshadowing to the rear        Reason
Brook Street has not been affected by       garden of 1A Cross Street.         The
                                                                                        1    To comply with Section 58 of the
this proposal and is not relevant to        quantity of overshadowing is not in
                                                                                             Town and Country Planning
consideration of this application.          itself considered sufficient to warrant
                                                                                             (Scotland) Act 1997.
                                            refusal of the application.
Noise or Smell:      Whilst there is
anecdotal evidence from objectors           The issue of environmental nuisance
concerning such issues, the advice          cannot be quantified in this instance
from the Director of Environmental          and is therefore not supported though it
Health and Trading Standards has            can be accepted that the concentration
indicated that measuring such effects       of birds in a particular location can
from a pigeon loft is extremely             have some effect on residential
difficult and are unlikely to be            amenity for immediate neighbours.
conclusive as there is no difference        Anecdotal evidence from objectors has
between the effects of the pet pigeons      indicated environmental difficulties
and wild birds.                             with previous pigeon lofts on this site.
                                            However, as these cannot be accurately
It is concluded from the foregoing that
                                            quantified in comparison to nor
the proposal does comply with the
                                            differentiated from the effects of wild
provisions of the Development Plan.
                                            birds it is inappropriate to place
Other Material Considerations               substantial weight on this issue.
                                            Overlooking: whilst the site has been
The other material considerations to be
                                            elevated to a small extent by the
taken into account are as follows:
                                            development, it is not considered that
Town and Country Planning (General          the use of the building affords a person
Permitted Development) (Scotland)           any significantly increased view over
Order 1992 - for clarification, on the      neighbouring properties and as such
basis of the plans submitted, the           this concern is not supported.
proposed development would appear to
                                            It is concluded from the foregoing that
comply with the terms of Class 3 (the
                                            insufficient weight can be accorded to
provision within the curtilage of a
                                            the material considerations such as to
dwellinghouse of any building or
                                            justify the refusal of planning
Dundee City Council Development Quality Committee                                                            19 May 2008