Local Review Body - 24/01/2012

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 24th January, 2012.




Councillor David BOWES

Councillor Tom FERGUSON (during consideration of Item III only)

Councillor Craig MELVILLE

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


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.




The minute of the above meeting was submitted and noted.




There was submitted Agenda Note AN15-2012 giving details of a request for a review of the refusal of planning permission for the demolition of the existing building and erection of a building containing two units, one to be Class 1 use and the other either Class 1 or 2 use, at the site of the Jimmy Shand, Dickson Avenue, Dundee.


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 introduced new material which was not before the Appointed Officer at the time the application was determined. This applicant advised that the new information was provided in response to the reasons provided for refusal by the Appointed Officer. The new material submitted by the applicant included a ten minute walk Isochrone Plan, the Committee report for the proposed food store on the former NCR factory site dated 18th January, 2012, the retail impact assessment in respect of that application, and the draft site planning brief for the former multis site in Menzieshill.


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 further written submissions, one or more hearings and a site visit.


The Local Review Body agreed to hold an accompanied site visit on Friday, 10th February at 11.30 am. (Subsequently changed to Monday, 13th February, 2012 at 3.30 pm).




There was submitted Agenda Note AN16-2012 making reference to Article II of the minute of meeting of the Local Review Body of 13th December, 2011, wherein details had been submitted of a request for a review of the refusal of planning permission for the erection of a house in garden ground at land to the east of 238 Balunie Drive, Dundee.


The Local Review Body had requested an accompanied site visit which had taken place on 13th January, 2012.


Consultation with Environmental Health was also drawn to the attention of the Local Review Body and the Legal Adviser gave advice as to how this should be dealt with in the determination of the application for review.


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 upheld the decision of the Appointed Officer, to refuse planning permission, and dismissed the review.


This was on the grounds that:-


(a) the proposed dwelling is contrary to Policy 15(a) of the Dundee Local Plan Review 2005 as the design would be visually obtrusive and would use materials out of keeping with the surroundings and contrary to Policy 15(d) as it does not respect the prevailing densities for the area. There are no material considerations to justify a decision contrary to Policy.


(b) the proposal does not comply with the Urban Design Guide in relation to design principle as the design would not present a solution appropriate to the site and context. The proposed development is therefore contrary to Policy 4 of the Dundee Local Plan Review 2005. There are no material considerations to justify a decision contrary to Policy.


(c) the proposed development contravenes Appendix 1, referred to in Policy 4 of the Dundee Local Plan Review 2005, as a result of failing to provide a garage or space for a garage. There are no material considerations to justify the granting of planning permission contrary to the terms of the Policy.





David BOWES, Chairman.