Local Review Body - 26/06/2018
At a MEETING of the LOCAL REVIEW BODY held at Dundee on 26th June, 2018.
Present:-
Councillor Will DAWSON
Councillor Margaret RICHARDSON
Councillor Charlie MALONE (Articles III & IV)
Councillor Stewart HUNTER (Article V)
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 29TH MAY, 2018
The minute of the above meeting was submitted and noted.
III LOCAL PLANNING REVIEW LRB3/18 - LAND TO THE SOUTH OF 5 KIRKTON ROAD, DUNDEE
There was submitted Agenda Note AN41-2018, giving details of a request for a review of the refusal of planning permission for the erection of 3 No Eco Houses.
Papers had been circulated and the Local Review Body had requested an accompanied site visit, which had taken place on 7th June, 2018.
The Planning Adviser gave a brief outline of the application and the reasons for refusal.
Thereafter, the Legal Adviser advised that the applicant had intimated in the Notice of Review that he had raised new matters which were not before the Appointed Officer at the time of reaching his decision. This related to two supporting documents, Planning Delivery Advice; Build to Rent and a Build to Rent report. These documents, in so far as they contained information relevant to the planning application, could be taken into account by the Local Review Body in reaching its decision if the Local Review Body considered that they related to material considerations.
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 of 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 17‑00937-FULL for the following reasons:-
(i) The application fails to comply with Policy 7 (High Quality Design) and 8 (Housing Land Release) of the Dundee Local Development Plan (2014) as it will not respect the existing development pattern of the area. It will result in a poor quality form of overdevelopment and not contribute to the regeneration objectives of the area. There are no material considerations to justify a decision contrary to this.
(ii) The application fails to comply with Policy 9 (Design of New Housing) of the Dundee Local Development Plan (2014) as the proposal does not meet the minimum floorspace, bedroom numbers, garden ground or parking provision requirements for the three dwellings. These factors result in a poor quality of development and there are no material considerations to justify a decision contrary to this.
(iii) The application fails to comply with Policy 38 (Trees and Urban Woodland) or the Dundee Local Development Plan (2014) as there is no justification for the removal of the mature trees and no tree planting scheme or landscaping have been provided. There are no material considerations to justify a decision contrary to this.
IV LOCAL PLANNING REVIEW LRB4/2018 1 GILLBURN ROAD, DUNDEE
There was submitted Agenda Note AN42-2018 giving details of a request for a review of planning permission for the change of use to hot food takeaway.
The Planning Adviser gave a brief outline of the application and the reasons for refusal.
Thereafter, the Legal Adviser advised of the procedural/legal issues which required to be considered by the Local Review Body.
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 Officers decision to refuse Planning Permission 18-0097-FULL for the following reasons:-
(i) The proposed change of use is contrary to Policy 28 of the Dundee Local Development Plan 2014 due to the proximity of the nearest residential property and the potential impact on the amenity of the surrounding area due to the hours of operation of the business and smell from the hot food takeaway cooking methods. There are no material considerations of a sufficient weight that would justify laying aside the provision of the Development Plan to grant planning permission.
(ii) The proposal is contrary to Policy 47 of the Dundee Local Development Plan 2014 as the applicant has failed to demonstrate that the proposed hot food takeaway can be accommodated without an unsatisfactory level of disturbance on the surrounding area and without impacting on the amenity of the surrounding area. There are no material considerations of a sufficient weight that would justify laying aside the provision of the Development Plan to grant planning permission.
(iii) The proposal is contrary to Policy 55 and Policy 57 of the Dundee Local Development Plan as there is no designated parking for the application site and the proposal would have a detrimental effect on the functioning of the existing road network and no safe and adequate provision has been made for loading, unloading and servicing the proposal site. The proposal fails to comply with the Councils roads standards. There are no material considerations of a sufficient weight that would justify laying aside the provision of the Development Plan to grant planning permission.
V LOCAL PLANNING REVIEW LRB5/2018 FLAT 1, 3 COUPAR ANGUS ROAD, DUNDEE
There was submitted Agenda Note AN43-2018, giving details of a request for a review of the refusal of planning permission for sub-division of ground floor to create two additional dwellings (3 in total) at the above address.
The Planning Adviser gave a brief outline of the application and the reasons for refusal.
Thereafter, the Legal Adviser advised of the procedural/legal issues which required to be considered by the Local Review Body.
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 Officers decision to refuse Planning Permission 17-00944-FULL for the following reasons:-
(i) The proposed development would not be of a high quality design which would preserve the distinct character and identity of a listed building nor provide a high quality living environment. The proposal would not contribute to a safely accessible development. The proposal is therefore contrary to the terms of Policies 7, 9, 11 and 48 of the Adopted Dundee Local Development Plan (2014). There are no material considerations that would justify a departure from the provisions of the Local Development Plan.
(ii) The proposed information of flats and associated car parking would have a negative impact on the architectural and historic character of the listed building by virtue of design and layout. The proposal therefore fails to comply with Policy 48 of the Adopted Dundee Local Development Plan (2014), and national planning guidance. The development would not therefore comply with the statutory requirements set out in the Planning (Listed Building and Conservation Areas) Act 1997. There are no material considerations that would justify setting aside the provisions of the Development Plan.
Will DAWSON, Convener.