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Local Review Body - 26/10/2021

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 26th October, 2021.

 

Present:-

 

Councillor Will DAWSON

Councillor Margaret RICHARDSON

Bailie Christina ROBERTS

 

Councillor Will DAWSON, Convener, 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 17TH AUGUST, 2021

 

The minute of meeting was approved.

 

III LOCAL PLANNING REVIEW LRB5/2021 - GARDEN GROUND TO THE REAR OF 182 LONG LANE, DUNDEE

 

There was submitted Agenda Note AN36-2021 giving details of a request for a review of the refusal of planning permission for the erection of one and half storey dwellinghouse, garden ground to the rear of 182 Long Lane, Dundee.

 

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

 

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. In the appeal supporting statement, the applicant addressed matters which were raised by the Appointed Officer in the Report of Handling, however this does not include anything that the Appointed Officer would not have been aware of. The Legal Adviser considered that this did not bring any new information before the Local Review Body and should be taken into consideration during its deliberations.

 

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  21-00048-FULL for the following reasons:-

 

1. The scale, form and layout of the proposed house and associated garden ground is not in keeping with the established character of development in, and is incongruous to, the surrounding Broughty Ferry Conservation Area. The proposal fails to preserve the appearance and character of the Broughty Ferry Conservation Area and is therefore contrary to the provisions of Policy 1, Policy 10, Policy 13 and Policy 51 of the Dundee Local Development Plan 2019. There are no material considerations that would justify laying aside the provisions of the Local Development Plan to grant planning permission.

 

2. By virtue of the location, scale and layout of the proposed house, views of the original house at 182 Long Lane will be obscured, adversely impacting on the intended southern outlook of this property to the detriment of its amenity. In addition, the resulting area of private useable garden ground serving the original house will be of a level that is out of scale with the house. Therefore, the proposed house will adversely impact on the amenity of the original house and the character of the Broughty Ferry Conservation Area. The proposal is contrary to Policy 13 and Policy 51 of the Proposed Local Development Plan 2019. There are no other material considerations that would justify laying aside the provisions of the Local Development Plan to grant planning permission.

 

IV LOCAL PLANNING REVIEW LRB6/2021 - LAND TO THE EAST OF FULTON ROAD AND WEST OF MYREKIRK ROAD, DUNDEE

 

There was submitted Agenda Note AN37-2021 giving details of a request for a review of the refusal of planning permission for the change of use from vacant ground to hot food takeaway/drive thru with associated parking at land to the east of Fulton Road and west of Myrekirk Road, Dundee.

 

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

 

The Legal Adviser advised that the applicant had intimated in the Notice of Review that they had raised matters which were not before the Appointed Officer at the time of reaching their decision. Under the terms of the Planning legislation all matters should have been submitted to the Appointed Officer at the time of determining the application, unless the applicant was unable to do this. The information the applicant is referring to is a Facebook poll undertaken following refusal of the application, seeking interest and support for the application, which is contained within Appendix 2 of the applicants supporting statement. The Legal Adviser considered that this poll was not evidence of support for this application, was not a material consideration and should not be taken into consideration by the Local Review Body during its deliberations.

 

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, the Local Review Body considered that there were material considerations of sufficient weight to justify approval of the proposal contrary to the provisions of the Development Plan and therefore reversed the Appointed Officer's decision and approved planning permission reference 21-00057-FULL subject to the undernoted conditions:-

 

Conditions:

 

1. No development shall take place until fencing has been erected in a manner and position to be agreed with the Planning Authority, after consultation with Transport Scotland, as the Trunk Roads Authority. The fencing shall be provided and maintained by the developer or subsequent owner of the land along the boundary of the site with the trunk road.

 

Reason: To minimise the risk of pedestrians and animals gaining uncontrolled access to the trunk road with the consequential risk of accidents.

 

2. Before the occupation of the development any footpath link must be approved and then constructed and completed to the satisfaction of the Planning Authority, after consultation with Transport Scotland, as the Trunk Road Authority.

 

Reason: To minimise the risk of pedestrians and animals gaining uncontrolled access to the trunk road with the consequential risk of accidents.

 

3. The hard surface within the site should be made of porous materials or provision should be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the site. There shall be no drainage connections to the trunk road drainage system. Prior to the commencement of any works on site, maintenance responsibilities along with a maintenance schedule for the surface water drainage system/SUDs features shall be submitted to Dundee City Council for written approval. Thereafter, all works approved by virtue of this condition shall be carried out in perpetuity.

 

Reason: In the interests of flood prevention and to ensure that surface water from within the curtilage of the site does not drain to the adjacent adopted road nor impact on the efficiency of the existing trunk road drainage network.

 

4. Prior to the commencement of any works on site, evidence of Scottish Water approval for the proposed drainage system for the development hereby approved shall be submitted to Dundee City Council for written approval.

 

Reason: In the interests of flood prevention.

 

5. Prior to the commencement of the development details of the lighting within the site shall be submitted for the approval of the Planning Authority, after consultation with Transport Scotland, as the Trunk Roads Authority. Thereafter, the lighting shall be erected in accordance with this approval.

 

Reason: To ensure that there will be no distraction or dazzle to drivers on the trunk road and that the safety of the traffic on the trunk road will not be diminished.

 

6. Development shall not begin until a scheme to address risks from ground gas to the development has been submitted and approved in writing by the Planning Authority. Prior to the occupation of any building, certification to demonstrate the appropriate installation of gas protection measures shall be fully verified and approved in writing by the Planning Authority.

 

Reason: In the interests of public safety and environmental protection.

 

7. Prior to the commencement of any works on site, a Sustainability Statement demonstrating the extent to which the development will meet the requirements of Policy 48 of the adopted Dundee Local Development Plan (2019) shall be submitted for the approval of Dundee City Council and the works shall be completed in accordance with the approved Statement.

 

Reason: In order to demonstrate that the new development will meet the required carbon emissions reduction standards in the interests of the environment.

 

8. Electric car charging points shall be provided at a location and number to be approved by the Planning Authority prior to the opening of the development.

 

Reason: In the interests of sustainable travel measures.

 

9. Prior to any works on site, details of secure and covered cycle parking for customers and secure cycle parking for staff shall be agreed with Dundee City Council.

 

Reason: In the interests of sustainable travel measures.

 

V LOCAL PLANNING REVIEW LRB7/2021 - 7B CASTLEWOOD AVENUE, DUNDEE

 

There was submitted Agenda Note AN38-2021 giving details of a request for a review of the refusal of planning permission for the erection of fencing and childrens play area in front garden (retrospective) at 7B Castlewood Avenue, Dundee.

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

 

The Legal Adviser advised that the applicant had intimated in the Notice of Review that they had raised matters which were not before the Appointed Officer at the time of reaching their decision. Under the terms of the Planning legislation, all matters should have been submitted to the Appointed Officer at the time of determining the application, unless the applicant was unable to do this. The retrospective application was for the erection of play equipment and fencing in garden ground. The applicant had been advised by Enforcement Officers that these items should be removed and the applicant advised that they had considered that Planning consent was to be given for these items therefore did not consider that it was necessary to include additional information which was within the Review Notice, specifically points 3, 4 and 5. The Legal Adviser considered that this new information was a material consideration and therefore the Local Review Body should take this into consideration during its deliberations.

 

The Local Review Body then considered whether it felt that it had sufficient information before it to determine the Review at that time, or whether it required any further information.

 

The Local Review Body considered the documentation submitted and, after discussion, agreed to hold an accompanied site visit. (Subsequently arranged for 9th November, 2021).

 

 

 

 

Will DAWSON, Chair.