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Local Review Body - 20/09/2012

At a MEETING of the LOCAL REVIEW BODY held at Dundee 20th September, 2012.

 

Present:-

 

Depute Lord Provost Christina ROBERTS

Councillor Craig MELVILLE

Councillor Tom FERGUSON

Depute Lord Provost Christina ROBERTS, 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 Advisers were employees of the Planning Authority, they had not been involved in the determination of the case under review and were present to provide factual information and guidance only.

 

I MINUTE OF MEETING OF LOCAL REVIEW BODY OF 21ST AUGUST, 2012

 

The minute of the above meeting was submitted and noted.

 

II LOCAL PLANNING REVIEW - LRB6/12 - 3 AND 7 COMMERCIAL STREET, DUNDEE

 

This item was withdrawn.

 

III LOCAL PLANNING REVIEW - LR7/12 - 18 GLAMIS ROAD, DUNDEE

 

There was submitted Agenda Note AN155-2012, making reference to Article II of the minute of meeting of the Local Review Body of 21st August, 2012, wherein details had been submitted for a request for a review of the refusal of planning permission for a dwellinghouse in garden ground.

 

The Local Review Body had requested an accompanied site visit which took place on 29th August, 2012.

 

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 reversed the Appointed Officer's decision and allowed the review and granted planning permission, subject to conditions:-

 

(i) Prior to the commencement of any works on-site, tree protection fencing in accordance with BS5837:2012 shall be erected on-site around tree 10 "Cedrus deodara" and other trees to be retained and such fencing shall be retained in place throughout the construction period. No excavations, site works or services shall be carried out within the protected tree area and no soil, waste or materials shall be deposited within the tree area in such a position as to be likely to cause damage to the trees by affecting their root structure. Three clear working days notice shall be given to the City Council of the erection of the tree fencing to allow the site to be inspected; and

 

(ii) Prior to applying for a completion certificate, or within six months of the first occupation of the house, whichever is soonest, the landscaping scheme, as detailed in the drawing titled "Tree Removal, Tree and Hedge Planting Plan" submitted on 1st June, 2011, shall be fully implemented in accordance with the approved details and BS4043:1989, other than the two trees marked PP and SF to the south of the access drive. Alternative locations for these trees shall be agreed, in writing, prior to the implementation of the landscaping. Any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within five years of planting shall be replaced by trees or shrubs of similar size and species to those originally required to be planted in terms of this condition. Dundee City Council's Forestry Officer must be informed no less than seven days prior to commencement of tree planting -

 

to ensure that the tree is protected during the construction period and thereafter; and

 

to update the tree planting scheme to take account of the limitations imposed by consent reference 12-00182-FULL and ensure the agreed landscaping scheme is implemented.

 

IV LOCAL PLANNING REVIEW - LR11/12 - 2D PATONS LANE, DUNDEE

 

There was submitted Agenda Note AN156-2012, making reference to Article III of the minute of meeting of the Local Review Body of 21st August, 2012, wherein details had been submitted for a request for a review of the refusal of the planning permission for the Change of Use from four bedroom flat to HMO.

 

The Local Review Body had requested an accompanied site visit which had taken place on 29th August, 2012.

 

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 took into account the provisions of the Development Plan, material considerations, the accompanied site visit and all matters raised at the Review, the Local Review Body upheld the Appointed Officer's decision to refuse planning permission reference 12-00081-FULL for the following reasons:-

 

(i) the proposal does not comply with Policy 11 of the Dundee Local Plan Review 2005 as (a) the property is a tenement flat accessed from a common stair, (b) it will have a detrimental impact on pedestrian and traffic safety due to increased parking pressures and (c) it will have a detrimental impact on residential amenity as it will exacerbate existing parking problems in the local area. There are no material considerations which would justify approval of the proposal contrary to the provisions of the Development Plan.

 

V LOCAL PLANNING REVIEW LR09/12 - LAND SOUTH OF 15 CLAYPOTTS ROAD, BROUGHTY FERRY, DUNDEE

 

There was submitted Agenda Note AN157-2012, making reference to Article IV of the minute of meeting of the Local Review Body of 21st August, 2012, wherein details had been submitted for a request for a review of the refusal of planning permission for the erection of a new dwellinghouse.

 

The Local Review Body had requested an accompanied site visit which had taken place on 29th August, 2012.

 

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 this information.

 

Thereafter, having considered all the information, the Local Review Body took into account the Development Plan and the material considerations, upheld the Appointed Officer's decision and dismissed the review and refused planning permission reference 09-00661-FULL for the following reasons:-

 

(i) the proposal does not comply with Policy 4 of the Dundee Local Plan Review 2005, there being no material considerations of sufficient weight that would justify approval of the application contrary to the provisions of the Dundee Local Plan 2005; and

 

(ii) the proposal does not comply with Policy 15 of the Dundee Local Plan Review 2005, there being no material considerations of sufficient weight that would justify approval of the application contrary to the provisions of the Dundee Local Plan 2005.

 

 

 

Christina ROBERTS, Chairman.