Local Review Body - 17/06/2014
At a MEETING of the LOCAL REVIEW BODY held at Dundee on 17th June, 2014.
Depute Lord Provost Christina ROBERTS (during consideration of Articles I to III only)
Councillor Stewart HUNTER
Councillor Tom FERGUSON
Councillor David BOWES (during consideration of Article IV only)
Depute Lord Provost Christina ROBERTS, in the Chair during consideration of Articles I to III, and Councillor David BOWES, in the Chair during consideration of Article IV.
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 DECLARATION OF INTEREST
There were no declarations of interest.
II MINUTE OF MEETING OF LOCAL REVIEW BODY OF 20TH MAY, 2014
The minute of the above meeting was submitted and noted.
III REQUEST FOR REVIEW - LR4/14 - 6 UPPER CONSTITUTION STREET, DUNDEE
There was submitted Agenda Note AN180-2014, giving details of a request for a review of the refusal of planning permission for replacement windows.
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 he had not raised any new matters in the review which were not before the Appointed Officer at the time of reaching his decision. In the grounds of appeal statement which accompanied the Notice of Review, the applicant's agent included photographs of a number of properties within the conservation area which contained replacement windows. These photographs were not submitted with the original application for planning permission.
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 is not to raise any matter which was not before the Appointed Officer at the time the determination reviewed was made unless that party can demonstrate either 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 if 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.
The Committee considered the documentation submitted and after discussion, agreed to hold an accompanied site visit on Friday, 4th July, 2014 at 2pm.
IV REQUEST FOR REVIEW - LR3/14 - 3 MAULE STREET, BROUGHTY FERRY, DUNDEE
There was submitted Agenda Note AN182-2014, giving details of a request for a review of the refusal of planning permission for alterations and two storey extension.
The Local Review Body had requested an accompanied site visit which had taken place on 3rd June, 2014.
The Local Review Body noted all of the above, and 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, having taken into account the provisions of the Development Plan, all material considerations, the accompanied site visit and all matters raised at the review, upheld the Appointed Officers decision to refuse planning permission reference 1300501FUL for the following reason:-
The proposed development does not comply with Policy 10 (Householder Development) of the Dundee Local Development Plan 2014. The proposed development fails to comply with the criteria of the policy in respect of the adverse impact on the character of the house and surrounding area, unacceptable loss of garden ground, overlooking of neighbouring property to the south of the proposed site and the impact of parking provision in terms of over-development of the site. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the provisions of the Dundee Local Development Plan 2014.
Christina ROBERTS, Chairperson (Articles I to III) and David BOWES, Chairman (Article IV).