Local Review Body - 18/08/2015

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 18th August, 2015.

Present:-

Depute Lord Provost Christina ROBERTS

Councillor David BOWES

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 19TH MAY, 2015

The minute of the above meeting was submitted and noted.

III REQUEST FOR REVIEW - LR4/15 - 3 BALMYLE ROAD, BROUGHTY FERRY, DUNDEE

There was submitted Agenda Note AN161-2015, giving details of a request for a review of the refusal of planning permission for the erection of a house in garden ground.

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

Thereafter, the Legal Adviser advised that there were no procedural/legal issues which required to be considered by the Local Review Body.

The Local Review Body then considered the documentation submitted and, after discussion, agreed to request an accompanied site visit.

IV REQUEST FOR REVIEW - LR5/15 - LAND AT FORTHILL ROAD, BROUGHTY FERRY, DUNDEE

There was submitted Agenda Note AN162-2015, giving details of a request for a review of the refusal of planning permission for the erection of a telecommunications pole and ancillary equipment.

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 applicants agent had intimated in the Notice of Review that he had not raised any new matters which were not before the Appointed Officer at the time of reaching his decision. In the case for the applicant contained in the review papers, the applicant responds to the issue of road and pedestrian safety by referring to the Roads for All - Good Practice Guide for roads. Reference was also made to the Planning Application 14-00165-FULL where an identical installation was permitted in Glamis Road within a conservation area.

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 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 in full 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 neither of the criteria in terms of sub-section (1) is met, the new information should not be considered.

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

The Local Review Body thereafter considered the documentation submitted and, after discussion, agreed to request an unaccompanied site visit.

V REQUEST FOR REVIEW - LR3/15 - 28 ROSEANGLE, DUNDEE

There was submitted Agenda Note AN160-2015, giving details of a request for a review of the refusal of planning permission for change of use to a hotel with extension.

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

Thereafter, the Legal Adviser advised of the undernoted procedure/legal issues which required to be considered by the Local Review Body:-

The applicants agent had intimated in the Notice of Review that he had not raised any new matters which were not before the Appointed Officer at the time of reaching his decision. Although he has responded in the application for review to the reasons provided by the Appointed Officer for refusing the application it would be fair to say that no additional information has been provided.

In any event, in terms of Section 43B(2) of the 1997 Act as amended, the Local Review Board 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.

The Local Review Body agreed with the view of the Legal Adviser that any comments made by the applicant should be taken into consideration by the Local Review Board members when determining the application as they do not amount to additional information.

The Local Review Body 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 Development Plan, all material considerations, and all matters raised at the review, upheld the Appointed Officer's decision to refuse planning permission reference 14‑00854‑FULL for the following reasons:-

(a) The proposed development is contrary to Policy 6 'Visitor Accommodation' of the Dundee Local Development Plan as the site is located outwith the city centre and central Broughty Ferry areas. There are no material considerations that would justify laying aside the provision of the Development Plan to grant planning permission;

(b) The proposed development is contrary to Policy 7 'High Quality Design' of the Dundee Local Development Plan because the scale and design of the proposed rear extension would result in overdevelopment of the site with a building that does not respect the character of the area. There are no material considerations that would justify laying aside the provision of the Development Plan to grant planning permission;

(c) The proposed development is contrary to Policy 41 'Flood Risk Management' of the Dundee Local Development Plan by failing to recognise or properly consider the potential effects of flooding on the development. There are no material considerations that would justify laying aside the provision of the Development Plan to grant planning permission;

(d) The proposed development is contrary to Policy 42 'Sustainable Drainage Systems' of the Dundee Local Development Plan because it has failed to include sustainable drainage systems within the development proposal. There are no material considerations that would justify laying aside the provision of the Development Plan to grant planning permission;

(e) The proposed development is contrary to Policy 48 'Listed Buildings' of the Dundee Local Development Plan as scale and design of the proposed extension fails to preserve or enhance the setting of the listed building. There are no material considerations that would justify laying aside the provision of the Development Plan to grant planning permission;

(f) The proposed development is contrary to Policy 50 'Development in Conservation Areas' of the Dundee Local Development as the scale and design of the proposed rear extension would have a significant adverse impact on the character of the West End Lanes Conservation Area. There are no material considerations that would justify laying aside the provision of the Development Plan to grant planning permission; and

(g) The proposed development is contrary to Policy 57 'Car Parking' of the Dundee Local Development Plan by failing to provide sufficient car parking and inadequate provision for servicing. There are no material considerations that would justify laying aside the provision of the Development Plan to grant planning permission.

VI DATE OF NEXT MEETING

Tuesday, 6th October, 2015 at 2.00 pm.

Depute Lord Provost Christina ROBERTS, Chairperson.