Local Review Body - 23/08/2011

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 23rd August, 2011.

 

Present:-

 

Councillor David BOWES

Councillor Tom FERGUSON

Councillor Craig MELVILLE (during consideration of Item IV)

Councillor Christina ROBERTS (during consideration of Items I, II and III)

 

Councillor David BOWES, 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 case under review and was present to provide factual information and guidance only.

 

I MINUTE OF MEETING OF LOCAL REVIEW BODY OF 28TH JUNE, 2011

 

The minute of the above meeting was submitted and noted.

 

II REQUEST FOR REVIEW - LR7/11 - UNIT 1, FORTIES ROAD, BALDOVIE INDUSTRIAL ESTATE

 

There was submitted Agenda Note AN113-2011, giving details of a request for a review of the refusal of planning permission for a change of use from Industrial Unit to Indoor Football Centre.

 

The Planning Adviser gave a brief outline of the application and the reasons for the refusal.

 

Thereafter, the Legal Adviser advised of the undernoted procedural/legal issues which required to be considered by the Local Review Body.

 

The applicant had intimated in the Notice of Review that new material not before the Appointed Officer at the time of reaching his decision had been submitted with the application. The reason provided was that the applicant was under the impression that the application was to be recommended for approval, and therefore there was no need to provide supporting information at that time. The new material consisted of newspaper articles concerning the provision of indoor football facilities.

 

In terms of Section 43B (1) of the Town and Country Planning (Scotland) Act 1997 as amended, in a review, a party to the proceedings was not to raise any matter which was not before the appointed person at the time the determination reviewed was made unless that party could demonstrate that the matter could not have been raised before that time, or that its not being raised before that time was a consequence of exceptional circumstances.

 

If either of these tests was met, then the Local Review Body should take the new information into consideration in reaching its decision.

 

In any event, in terms of Section 43B (2) of the 1997 Act as amended, the Local Review Body was, required, in reaching its decision, to have regard to the provisions of the development plan and any other material considerations. Therefore, if the Local Review Body considered that the new information contained material considerations, it was required to take these into account. If not, and neither of the criteria in terms of sub-section (1) was met, the new information should not be considered.

 

The Local Review Body agreed with the view of the Legal Adviser, that the new material referred to in the application for review should be taken into consideration and should not be ruled out at this stage.

 

It was also reported that further representations had been received from the other objector in response to intimation of the application for review and the applicant had submitted a response to these representations. Both had been received in accordance with the regulations, and the Local Review Body agreed that they should be considered with the application.

 

Thereafter, the Local Review Body considered whether it 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 the review documents, further written submissions, one or more hearings, and a site visit.

 

The Local Review Body considered the documentation submitted and, after discussion, agreed to request further written submissions in respect of the undernoted matters under the provisions of Regulations 13 and 15 of the Town and Country Planning (Schemes of Delegation and Local Review) Procedure (Scotland) Regulations 2008 from the following individuals:-

 

From the City Councils Head of Economic Development

 

Further information on the available provision of and demand for industrial floor space of this type and size in the city.

 

From the Applicant

 

Evidence demonstrating that within the context of Policy 18 of the Dundee Local Plan Review 2005, no suitable site was available within or on the edge of the City Centre or District Centres or in the designated Leisure Parks.

 

The Local Review Body also agreed to hold an accompanied site visit on Tuesday, 13th September 2011.

 

III REQUEST FOR REVIEW - LR5/11 - ST RONANS, DALKEITH ROAD, DUNDEE - APPLICATION FOR REMOVAL OF CONDITION 4 INRESPECT OF PLANNING APPLICATION (ERECTION OF NEW 60 BED CARE HOME)

 

There was submitted Agenda Note AN114-2011, making reference to Article III of the minute of meeting of the Local Review Body of 28th June, 2011, wherein details had been submitted of an application for removal of Condition 4 in respect of Planning Application 10-00695-FULL (Erection of 60 Bed Care Home).

 

The Local Review Body had requested further written submissions which had been provided and circulated. It had also requested an accompanied site visit which had taken place on 16th August, 2011.

 

The Local Review Body agreed in terms of the Local Review Procedure Regulations, to determine the review without further procedure on the basis of the information before it.

 

Therefore, having considered all the information, the Local Review Body reversed the determination of the Appointed Officer, upheld the reviews and agreed to the removal of Condition 4 in respect of Planning Application 10-00695-FULL.

 

IV PLANNING APPLICATION - LAND NORTHWEST OF FILLING STATION, FORFAR ROAD, DUNDEE - INSTALLATION OF STREET WORKS MONOPOLESUPPORTING THREE 02 ANTENNAE AND THREE VODAFONE ANTENNAE WITHIN THE TOP

 

There was submitted Agenda Note AN115-2011, making reference to Article II of the minute of meeting of the Local Review Body of 28th June, 2011, wherein details had been submitted of a request for a review of the refusal of planning permission for the installation of a street works monopole supporting three 02 antennae and the Vodafone antennae within the top shrouded section, one ground based equipment cabinet, and ancillary development, at land northwest of Filling Station, Forfar Road, Dundee.

 

The Local Review Body had requested further written submissions which had been provided and circulated. It had also requested an accompanied site visit which had taken place on 16th August, 2011.

 

The Local Review Body agreed in terms of the Local Review Body Procedure Regulations, to determine the review without further procedure on the basis of the information before it.

 

Therefore, after having considered all the information, the Local Review Body reversed the decision of the Appointed Officer, upheld the review and ground planning, subject to the conditions that:-

 

(i) no vehicle will be permitted to stop adjacent to the mast for purposes of maintenance; and

 

(ii) a method statement for maintenance shall be submitted and approved by the Planning Authority, after consultation with Transport Scotland, prior to any works commencing on site, and the approved statement shall be fully implemented as long as the mast remained on this site.

 

 

 

 

David BOWES, Chairman.