Local Review Body - 21/04/2015

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 21st April, 2015.




Depute Lord Provost Christina ROBERTS

Councillor Jimmy BLACK

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.




There were no declarations of interest.




The minute of the above meeting was submitted and noted.




Planning Application 14-00686-FULL - 182 Long Lane, Broughty Ferry, Dundee - Erection of House in Garden Ground


There was submitted Agenda Note 136-2015, giving details of a request for a review of the refusal of planning permission in respect of the above application.


The Legal Adviser outlined the undernoted legal/procedural issues which should be considered by the Local Review Body.


The applicants agent had intimated in the Notice of Review that he had raised new matters in the review which were not before the Appointed Officer at the time of reaching his decision. In particular, he had intimated that a third parking space (two for the new house and one for 182 Long Lane) was available. He had also submitted copies of missives of sale which were available to the appointed officer but were not referred to in the report of handling. The grounds for review contained plot areas of nine plots surrounding the proposed development site, and a number of photographs had also been submitted along with the review papers. None of these appear to have been before the Appointed Officer when he determined the application.


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 person 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 is 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 is, 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 considers that the new information contains material considerations, it is required to take these into account. If not and if neither of the criteria in terms of sub-section (1) is met, the new information should not be considered.


The Review Body agreed the recommendation of the Legal Adviser that the comments made by the applicant should be taken into consideration by members when determining the application.


Thereafter, the Planning Adviser gave a brief outline of the application and the reasons for the refusal.


The Local Review Body then 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 Local Review Body considered the documentation submitted and, after discussion, agreed a site visit, at which the perimeter of the proposed house, and also the extent of the proposed parking area be marked by means of marker posts/string or another appropriate means to allow the Local Review Body to assess their size and location. The site visit would take place on Monday, 11th May, 2015 at 10.00 am.




There was submitted Agenda Note AN137-2015 giving details of a request for a review of the refusal for the erection of a house in garden ground at the above site.


Papers had been circulated and the Local Review Body had requested an accompanied site visit, which had taken place on 3rd April, 2015. Further written submissions had also been requested and circulated.


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, allowed the Review and granted planning permission subject to the undernoted conditions:-


(i) A Sustainability Statement demonstrating the extent to which the new build elements of the development will meet the requirements of Policy 29 of the Dundee Local Development Plan 2014 shall be submitted for the approval of the Council prior to the commencement of any work on site and the works shall thereafter be completed in accordance with the approved Statement.


(ii) Prior to the commencement of work on site, a noise impact assessment for any proposed noise generating equipment eg heat pumps etc shall be submitted to the Council for written approval. Thereafter, any noise attenuation measures detailed in the approved noise impact assessment shall be fully implemented prior to becoming operational. The total noise from mechanical and electrical plant/services shall not exceed NR45 during daytime and shall not exceed NR35 during night-time as measured one metre external to the facade of adjacent residential property. (NR45 is applicable for the period 07:00 to 23:00 hours and NR35 is applicable for 23:00 to 07:00 hours).


(iii) No works shall commence within the strip line of any tree on the site until adequate steps, which shall have been previously approved by the Council, have been taken to safeguard the trees from damage or injury during construction works. In particular, no excavations, site works, trenches or channels shall be cut or pipes or services laid in such a way as to cause damage or injury to the tree by interference with its root structure and no soil or waste shall be deposited on the land in such a position as to be likely to cause damage or injury to the tree by affecting its root structure.


The tree protection required in Condition 3 shall comprise Heras fencing erected along the drip line of the trees. The developer shall give the Council two clear working days notice that the fences have been erected, prior to the commencement of works, in order that the fencing can be inspected and approved.




1 In order to demonstrate that the new development will meet the required carbon emissions reduction standards in the interests of the environment.


2 In the interests of amenity for neighbouring residents.


3 To ensure that the trees are protected during the construction period and thereafter.




19th May, 2015 at 2.00 pm in Committee Room 3.





Depute Lord Provost Christina ROBERTS, Chairperson.