By Brian Allison, local government reporter

A SHELTER for smokers outside a city centre pub has been prevented from operating by Dundee City councillors despite the fact that it has already been given planning permission by the council.

The wrought-iron gazebo for smokers in Nethergate near the junction with Union Street outside the Trades House pub was granted planning permission in October by a narrow majority of the development quality committee.

But last night the planning and transport committee decided by 18 votes to seven to refuse permission for a stopping-up order for part of the pavement in Nethergate, which was necessary to allow the gazebo to be built.

A request from the Trades House for the order was deferred at the January meeting of the committee but was back on the agenda last night.

In a report, planning and transport director Mike Galloway recommended refusal. He said the order would mean the public no longer having a right of passage over the affected area of the footway and the remaining width of the pavement would be physically affected by the gazebo.

Mr Galloway said the available width of footway would be reduced to less than two metres and this was considered unacceptably narrow given the high levels of pedestrian movement in the Nethergate.

The director also said sightlines for motorists exiting Union Street into Nethergate would be severely restricted by the gazebo.

Addressing the committee on behalf of the Trades House, planning consultant Donnie Coutts said it was strange there had been no mention of restricted sightlines in previous reports on the matter.

He disputed the claim the gazebo would have any significant effect on sightlines and said drivers’ vision at the junction was already affected by a sign and a lamp-post.

Mr Coutts said smokers gathered outside the pub and the gazebo would have the effect of controlling them and keeping them in one place away from pedestrians.

He said litter would be collected by pub staff and there would be CCTV cameras.

Chairing the committee, depute planning and transport convener Kevin Keenan moved approval of the director’s report. He said he was not prepared to take a chance with public safety.

Seconding him, Councillor Rod Wallace said he could not see any reason to jeopardise pedestrian safety at a busy junction.

Councillor Joe FitzPatrick moved approval of the order, saying the gazebo would keep smokers away from the area of the pavement where people walked.

He said the issue of sightlines had not been brought up when the application for planning permission was being considered by the development quality committee.

“I think smokers in Dundee are starting to feel victimised and that the council is out to get them,” Mr FitzPatrick said. “They have been very good at adhering to the smoking ban.”