Local Review Body - 18/11/2014
At a MEETING of the LOCAL REVIEW BODY held at Dundee on 18th November, 2014.
Depute Lord Provost Christina ROBERTS
Councillor Stewart HUNTER
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 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 28TH OCTOBER, 2014
The minute of the above meeting was submitted and noted.
III LOCAL PLANNING REVIEW LR7/14 - 181-183 PERTH ROAD, DUNDEE - CHANGE OF USE TO HOT FOODTAKEAWAY WITH RESTAURANT FACILITIES
There was submitted Agenda Note AN246-2014 giving details of a request for a review of the refusal of planning permission in respect of the above application.
Papers had been circulated and the Local Review Body had requested an accompanied site visit, which had taken place on 5th November, 2014.
The Local Review Body noted all of the above, and agreed in terms of this Local Review Procedure Regulations to determine the review without further procedure on the basis of the information before them.
Thereafter, having considered all the information, the Local Review Body, having taken into account the provisions of the Department 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 14-00224-FULL for the following reasons:-
(a) The use fails to comply with Policy 21 (District Centres Retail Frontage) of the Dundee Local Development Plan as the predominant hot food takeaway use falls outwith Classes 1, 2 and 3 of the Use Classes Order. There are no material considerations of sufficient weight that would justify a decision contrary to this.
(b) The hot food takeaway use fails to comply with Policy 28 (Public Houses, Restaurants and Hot Food Takeaways Outwith the City Centre) of the Dundee Local Development Plan 2014 by virtue of the application site directly adjoining residential properties; and
(c) The adverse impact that the hot food takeaway does have on the amenity of neighbouring occupiers by virtue of smell.
Depute Lord Provost Christina ROBERTS, Chairperson.