Local Review Body - 15/03/2016

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 15th March, 2016.

 

Present:-

 

Depute Lord Provost Christina ROBERTS (during consideration of items I to IV only)

Councillor Gregor MURRAY

Councillor Tom FERGUSON

Councillor David BOWES (during consideration of items V and VI only)

 

Depute Lord Provost Christina ROBERTS, in the Chair during consideration of items I to IV, Councillor David Bowes during consideration of items V and VI.

 

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 16TH FEBRUARY, 2016

 

The minute of the above meeting was submitted and noted.

 

III REQUEST FOR REVIEW - LR3/16 - GROUND TO THE WEST OF 18 GLAMIS ROAD, DUNDEE

 

There was submitted Agenda Note AN20-2016, giving details of a request for a review of the refusal of planning permission for the erection of a house at garden ground at the above address.

 

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

 

Thereafter, the Legal Adviser advised that the applicant 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. A Statement of Review had been submitted along with the Notice of Review but it was accepted that it did not contain any new information which was not available to the Appointed Officer.

 

The Local Review Body then considered the documentation submitted and, after discussion, agreed to request an accompanied site visit. They requested that the Council's Forestry Officer be requested to attend this site visit.

 

The Local Review Body also requested that the applicant:-

 

- mark out the boundaries of the existing approved house including garage;

 

- mark out the boundaries of the existing proposed house including garage;

 

- provide an indication of the height of the highest point of the proposed house and garage by means of a pole/measuring staff or equivalent; and

 

- provide samples of materials to be used on the exterior of the building.

 

IV REQUEST FOR REVIEW - LR1/16 - 26 COLLINGWOOD STREET, BROUGHTY FERRY, DUNDEE

 

There was submitted Agenda Note AN21-2016, giving details of a request for a review of the refusal of planning permission for the erection of a house at garden ground at the above address.

 

Papers had been circulated and the Local Review Body had requested an accompanied site visit, which had taken place.

 

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 15-00721-FULL for the following reasons:-

 

(a) The proposed development is contrary to Policies 7 and 9 of the Dundee Local Development Plan 2014 as the proposal is of a poor quality design by reason of: failing to respect the character of the surrounding area; overdevelopment of the site; physical impact, overshadowing and overlooking of neighbouring properties and poor quality of garden ground. There are no material considerations that would justify laying aside the provision of the Development Plan.

 

(b) The proposed development is contrary to Policy 12 of the Dundee Local Development Plan 2014 as the proposal is in front of the principal elevation of the existing house; it fails to maintain an appropriate density in keeping with the character of the area; it fails to maintain an appropriate area of high quality garden ground for the existing house and will have a detrimental effect on overshadowing and overlooking of neighbouring properties. There are no material considerations that would justify laying aside the provision of the Development Plan.

 

(c) The proposed development is contrary to Policy 29 of the Dundee Local Development Plan 2014 as the proposal does not include sufficient information to confirm that there is suitable low and zero carbon technology provision to meet the requirements of this policy. There are no material considerations that would justify laying aside the provision of the Development Plan.

 

(d) The proposed development is contrary to Policy 47 of the Dundee Local Development Plan 2014 as the proposal does not include sufficient information to confirm that the development can achieve a satisfactory level of amenity in close proximity of the railway, to the detriment of the prospective residents of the proposed house. There are no material considerations that would justify laying aside the provision of the Development Plan.

 

V REQUEST FOR REVIEW - LR2/16 - AUTOECOSSE, KINGSWAY EAST, DUNDEE

 

There was submitted Agenda Note AN22-2016, giving details of a request for a review of the refusal of planning permission for the change of use from road verge to form an area for display of car sales.

 

Papers had been circulated and the Local Review Body had requested an unaccompanied site visit which had taken place.

 

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 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 Officers decision to refuse planning permission reference 15โ€‘00561โ€‘FULL for the following reasons:

 

(a) The proposed development is of a poor quality design which will adversely impact on road and pedestrian safety and therefore fails to comply with Policies 3, 7 and 55 of the Dundee Local Development Plan 2014. There are no material considerations that would justify approval of planning permission.

 

(b) The proposed development will adversely impact on the existing trees and therefore fails to comply with Policy 38 of the Dundee Local Development Plan 2014. There are no material considerations that would justify approval of planning permission.

 

VI DATE OF NEXT MEETING

 

Tuesday, 19th April, 2016 at 2pm.

 

 

 

 

Christina ROBERTS

David BOWES, Conveners.