Local Review Body - 30/03/2021

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 30th March, 2021.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, in the Chair.

The Chair 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 JANUARY, 2021

The minute of meeting was approved.

III LOCAL PLANNING REVIEW LRB01/21 - 93 GREENDYKES ROAD, DUNDEE

There was submitted Agenda Note AN10-2021 giving details of a request for a review of the refusal of planning permission for the sub-division of an existing house to form two houses, 93 Greendykes Road.

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 they had not raised any new matters which were not before the Appointed Officer at the time of reaching their decision. However, in the appeal statement the applicant does respond to comments which were raised by the Appointed Officer in the Report of Handling. The Legal Adviser considered that this did not bring any new information before the Local Review Body. However, within the appeal statement, the applicant provided additional personal family information which was not before the Appointed Officer when they reached their decision. It was noted that personal circumstances were not of significance to a Planning Application unless there were exceptional circumstances.

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 20/00501/FULL for the following reasons:-

1. The proposal to sub-divide a 3 bedroom house into two 2 bedroom houses does not meet the minimum suburban standards set out in Appendix 4 for house type, floorspace and private useable garden ground. The proposal would not provide the high level of residential amenity that the Local Development Plan seeks to achieve. Further, it exacerbates the existing overlooking and privacy issue given the enclosed nature of the site and the historic design and layout of the houses. The proposal fails to comply with Policy 10 (Design of New Housing) and Appendix 4 and Policy 12 (Formation of New Residential Accommodation) of the Dundee Local Development Plan 2019. There are no material considerations to justify a departure from the local development plan and approve planning permission.

Stewart HUNTER, Chair.