Local Review Body - 08/03/2018

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 8th March, 2018.

Present:-

Councillor Will DAWSON

Councillor Alan ROSS

Councillor Margaret RICHARDSON

Councillor Will DAWSON 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 21ST NOVEMBER, 2017

The minute of the above meeting was submitted and noted.

III LOCAL PLANNING REVIEW LRB01/2018 - PROPOSED ALTERATIONS TO HOUSE INCLUDING EXTENSIONTO NORTH ELEVATION, 19 PITLESSIE GARDENS, DUNDEE

There was submitted Agenda Note AN11-2018, giving details of a request for a review of the refusal of planning permission for the proposed alterations to house elevation including dormer extension.

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

Thereafter, the Legal Adviser advised of the undernoted procedural/legal issues which required to be considered by the Local Review Body. The applicant intimated in the Notice of Review that she had raised new matters which were not before the Appointed Officer at the time of reaching her decision. These included comments in the applicants response to the reasons for refusal provided by the Appointed Officer. In addition to these comments, the applicant submitted photographs which purported to show the applicants current view of the neighbouring property at 17 Pitlessie Gardens. Although these photographs were not before the Appointed Officer at the time of reaching her decision, the Appointed Officer would have had the benefit of a site visit at which the current degree of overlooking shown on the photographs would have been clear to her. For that reason, it was recommended that the photographs be considered by the Local Review Body members in their considerations. The applicant also made reference in her submission to an offer to remove the balcony from the application and enclosed an amended plan which purported to show the degree of overlooking by the proposal without the balcony. The members were required to review the application which was before the Appointed Officer, it was not open to them to consider proposed alterations at this stage. For that reason, it was recommended that they did not take into account either the proposal to remove the balcony or the amended plan.

Finally, the applicant made reference to the approval of her sisters application for an extension to the property at 1 Lawton Terrace, Dundee. Each application is determined on its own merits and, for this reason, it was recommended that the approval at 1 Lawton Terrace was not a relevant consideration in determining the application.

The Local Review Body considered the documentation submitted and, after discussion, 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, and all matters raised at the Review, upheld the Appointed Officer's decision to refuse planning permission 17-00727-FULL for the following reasons:-

The application fails to comply with Policy 10 (Householder Development) of the Dundee Local Development Plan (2014) and the Dundee Local Development Plan Householder Development Supplementary Guidance (2015) due to the detrimental effect on neighbouring properties in terms of overlooking. This result in a poor quality of development and there are no material considerations to justify a decision contrary to this.

Will DAWSON, Convener.