Local Review Body - 01/11/2011
At a MEETING of the LOCAL REVIEW BODY held at Dundee on 1st November, 2011.
Councillor David BOWES
Councillor Tom FERGUSON
Councillor Christina ROBERTS
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 27TH SEPTEMBER, 2011
The minute of the above meeting was submitted and noted.
II LOCAL PLANNING REVIEW LR9/11
There was submitted Agenda Note AN166-2011 giving details of a request for a review of the refusal of planning permission for the erection of new retaining walls and decking to create a new level garden area at 3 Reres Road, Broughty Ferry, Dundee, for Mr Norman Scott.
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.
In the Notice of Review, the applicant had indicated that he had not raised any matters which were not before the Appointed Officer at the time the determination of the application was made. An examination of the documents lodged with the Notice of Review, however, revealed e-mail correspondence and photos that were not available to the Appointed Officer.
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:-
(a) that the matter could not have been raised before that time; or
(b) 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.
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 and a site visit.
The Local Review Body considered the documentation submitted and, after discussion, agreed to request further written submissions from the applicant in respect of the undernoted matter under the provisions of Regulations 13 and 15 of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2008:-
The applicant provide a fixed datum point from which all sections take reference to ensure that the proposed levels could be accurately established and checked.
On notification of the review, further representations were received from the objector and from the applicant. It was further recommended that these should also be taken into consideration by the Local Review Body.
The Local Review Body also agreed to hold an accompanied site visit.
III LOCAL PLANNING REVIEW LR8/11
There was submitted Agenda Note AN167-2011 making reference to Article II of the minute of meeting of the Local Review Body of 27th September, 2011, wherein details had been submitted of a request for a review of the refusal of planning permission for the erection of an 18.9m Tall Monopole supporting six Vodafone and O2 Antenna within a GRP Shroud and one Transmission Dish with Ground Level Cabinet.
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 18th October, 2011. In addition, it had agreed to publish a notice in the form set out in Schedule 4 to the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008, Regulation 20(1)(d) in a newspaper circulating in the locality. This had been done and no further representations had been received.
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.
Thereafter, having considered all the information, the Local Review Body reversed the determination of the Appointed Officer, upheld the review and granted planning permission, subject to the conditions that:-
(i) Prior to the commencement of work on site, details of the proposed colour for the mast and ancillary equipment shall be submitted to the Council for approval before any development commenced and, if approved, the development shall be carried out only in full accordance with such approved details;
(ii) In the event that the equipment becomes obsolete or redundant, it must be removed and the site reinstated to the satisfaction of the Council within six months of the redundancy.
(i) In the interests of safeguarding the appearance of the Apollo Way and Explorer Road streetscapes;
(ii) To protect the amenities of the occupants/owners of nearby adjacent properties in the locality.
IV LOCAL PLANNING REVIEW LR7/11 - UNIT 1, FORTIES ROAD, BALDOVIE INDUSTRIAL ESTATE, DUNDEE
There was submitted Agenda Note AN168-2011 making reference to Article III of the minute of meeting of the Local Review Body of 27th September, 2011, wherein details had contained a request for a review of the refusal of planning permission for the change of use from Industrial Unit to Indoor Football Centre for Mr Amin.
The Local Review Body had at its meetings of 23rd August and 27th September, 2011 requested further written submissions which had been provided and circulated. It had also requested an accompanied site visit which had taken place on 13th September, 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 this information.
Thereafter, having considered all the information, the Local Review Body upheld the decision of the Appointed Officer to refuse planning permission and dismissed the review. This was on the grounds that:-
(i) The use of the site for purposes outwith Classes 4, 5 and 6 of the Use Classes Order 1997 in this identified Employment Area was contrary to the requirements of Structure Plan Policy 2 (Existing Employment Areas). As a consequence of being contrary to the requirements of Policy 2, the proposal was also contrary to the requirements of Structure Plan Town Centres and Retailing Policy 5: (Leisure and Commercial Uses). There were no material considerations of sufficient weight that justified laying aside the provision of the Development Plan to withhold planning permission.
(ii) The use of the site for purposes outwith Classes 4, 5 and 6 of the Use Classes Order 1997 in the identified General Economic Development Area was contrary to the requirements of Policy 26 (General Economic Development Areas) of the Dundee Local Plan Review 2005. As a consequence of being contrary to the requirements of Policy 26, the proposal was also contrary to the requirements of Policy 18 (Major Leisure Uses) of the Local Plan. There were no material considerations of sufficient weight that justified laying aside the provisions of the Development Plan to grant planning permission.
(iii) It had not been established that an industrial location was required for the proposed indoor football centre and that there were no sites available, in the first instance, within and thereafter on the edge of the City Centre or District Centres or within the existing leisure parks that could accommodate the proposed development. The proposal was therefore contrary to the requirements of Policy 18 (Major Leisure Uses) of the Dundee Local Plan Review 2005. There were no material considerations of sufficient weight that justified laying aside the provisions of the Development Plan to grant planning permission.
David BOWES, Chairman.