Local Review Body - 25/05/2010
At a MEETING of the LOCAL REVIEW BODY held at Dundee on 25th May, 2010.
Councillor David BOWES
Councillor Christina ROBERTS
Councillor Tom FERGUSON
Councillor David BOWES, Convener, in the Chair.
The Chairman welcomed those present to the meeting and briefly outlined the role of the Local Review Body and officers, in particular advising that, although the Planning Adviser was an employee of the Planning Authority, he had not been involved in the determination of the cases under review, and was present to provide factual information and guidance only.
I MINUTE OF MEETING OF LOCAL REVIEW BODY OF 20TH APRIL, 2010
The minute of the above meeting was submitted and noted.
II REQUEST FOR REVIEW - LR02/10 - LAND TO NORTH WEST OF 77 TO 79 ANCRUM DRIVE
Details had been submitted of a request for a review of the refusal of planning permission for the erection of a detached house with integral garage and balcony to the west elevation for Mr and Mrs Hutchison in respect of land to the north west of 77 to 79 Ancrum Drive.
The Planning Adviser gave a brief outline of the application and the reasons for refusal.
Thereafter, the Legal Adviser advised of the undernoted procedural/legal issues which required to be considered by the Local Review Body.
(a) In terms of Regulation 20(1)(d) of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008, where an application was received which did not accord with the provisions of the development plan, the planning authority must publish a notice in the appropriate form in a newspaper circulating in the locality in which the neighbouring land is situated. In this case, that notice had not been published.
Regulation 19 of the Town and Country Planning (Schemes of Delegation and Local Review) Procedure (Scotland) Regulations 2008 provides that the Local Review Body must, to the extent not already done so, comply with Regulations 18, 19, 20 (publication by the planning authority) and 25 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008(a) before determining the review.
The Local Review Body therefore agreed that arrangements be made to have the appropriate notice published in the local newspaper, having noted that any representations were to be made within at least 14 days from the date of publication of the notice.
(b) Regulation 17 of the Town and Country Planning (Schemes of Delegation and Local Review) Procedure (Scotland) Regulations 2008 provides that if the Local Review Body propose to take into consideration any new evidence which is material to the determination of the review, the Local Review Body must not reach a decision on the review without first affording the applicant and any other relevant party an opportunity of making representations on such new evidence.
The applicant had referred in the Notice of Review to new material being raised in the application for review, regarding the alleged inconsistency in the appointed officer's reasoning with respect to the numerical level of parking available at the proposed site. The applicant had advised that he was willing to omit the integral garage to allow for more parking spaces.
Although referred to by the applicant as new material, the Legal Adviser did not consider that this was new material within the terms of 43B(1) of the Town and Country Planning (Scotland) Act 1997 as amended, but was rather an offer to amend the application before the Local Review Body from that application which was originally determined by the appointed officer.
The Local Review Body concurred with this view.
Thereafter, the Local Review Body considered whether they felt that it had sufficient information before it to determine the review at that time, or whether it required any further information. Members noted that the applicant had requested that the review be undertaken on the basis of further written submissions, one or more hearing sessions, and a site visit.
The Local Review Body considered the documentation submitted and, after discussion, agreed to proceed on the basis of the documentation before them, together with an accompanied site visit, and to continue consideration of the matter thereafter.
III REQUEST FOR REVIEW - LR01/10 - 124, 126 AND 128 ALBERT STREET, DUNDEE
Reference was made to Article I of the minute of meeting of the Local Review Body of 20th April, 2010, wherein details had been submitted of a request for a review of the refusal of planning permission for change of use from Class 1 Retail to Class 2 Licensed Betting Office for the William Hill Organisation in respect of premises at 124, 126 and 128 Albert Street, Dundee. The Local Review Body had agreed to proceed on the basis of the documentation before them, together with an accompanied site visit, and to continue consideration of the matter at the next meeting. The site visit had taken place on 11th May, 2010.
The Local Review Body agreed in terms of the Local Review Procedure Regulation to determine the review without further procedure on the basis of this information.
Thereafter, having considered all the information, the Local Review Body upheld the decision of the appointed officer to refuse planning permission.
David BOWES, Convener.