Local Review Body - 21/12/2021

At a MEETING of the LOCAL REVIEW BODY held remotely on 21st December, 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 26TH OCTOBER, 2021 AND 16TH NOVEMBER, 2021

The minutes of meeting were approved.

III LOCAL PLANNING REVIEW LRB8/2021 - 53 CRAIGMORE STREET, DUNDEE

There was submitted Agenda Note AN46-2021 giving details of a request for a review of planning permission for the erection of a fence (retrospective) at 53 Craigmore Street, Dundee.

The Planning Adviser gave a brief outline of the application and the reasons for the conditions attached to the planning permission that the applicant wished to be discharged.

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, the appeal statement also included a number of photographs of the surrounding area, but did 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 Legal Adviser further noted that this application for review related only to the conditions which were applied to the planning consent which had been approved by the Appointed Officer not to the grant of planning consent itself.

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, and all matters raised at the review, upheld the determination of the Appointed Officer, refused the review and confirmed the approval of planning permission 21/00574/FULL, subject to the conditions attached by the Appointed Officer namely:-

Conditions:

1. Within 2 months of the date of issue of the planning permission approved, the height of the fence shall be altered as follows:-

(i) The south section of the fence that bounds Craigmore Street shall be reduced to one metre in height (relative to the ground level of the public footway on Craigmore Street); and

(ii) The east and west side sections of the fence shall be reduced to a height to match (when measured level) that of the south section of fence, as specified in section (i)), for a minimum length of 2.4m back (north) from the south boundary of the application site at the relative points where it meets the public footway of Craigmore Street.

Thereafter, the fence shall be maintained at the above specified height for the lifetime of the development.

For the avoidance of doubt, the MyHome-Design Location and Block Plan drawing Reference No A_01 and dated 12th August, 2021 and the MyHome-Design Proposed Plans and Elevations drawing Reference No A_02 dated 12th August, 2021 are not approved.

Reason:

1. In order to ensure the visibility for vehicles accessing/egressing from neighbouring driveways is maintained in the interests of traffic and pedestrian safety.

IV LOCAL PLANNING REVIEW LRB9/2021 - DUNLAW HOUSE, 10 UNION TERRACE, DUNDEE

There was submitted Agenda Note AN47-2021 giving details of a request for a review of the refusal of planning permission for the creation of off-street parking, site access alterations and electric car charging point at Dunlaw House, 10 Union Terrace, Dundee.

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

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, reversed the determination of the Appointed Officer and approved the application 21/00638/FULL, subject to the following conditions:

Conditions:

1. Details of the proposed amended site access including proposed road markings must be agreed by the Planning Authority prior to any works on site and the access must be formed and constructed to Dundee City Council standards and specifications.

Reason:

In the interests of vehicle and pedestrian safety -

2. The proposed gates must open into the driveway and not over the adjacent public footway.

Reason:

In the interests of vehicle and pedestrian safety -

3. The hard surface within the curtilage 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.

Reason:

To ensure that surface water from within the curtilage of the site does not drain to the adjacent adopted road.

4. Details of the proposed gate and fencing/railings including design, materials and colour must be agreed with Dundee City Council prior to any works on site.

Reason:

To ensure the development is in keeping with the historic nature of the Conservation Area. To preserve and enhance the Conservation area in accordance with Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

Will DAWSON, Chair.

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