Local Review Body - 19/04/2022

At a MEETING of the LOCAL REVIEW BODY held remotely on 19th April, 2022.

 

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 MINUTES OF MEETINGS OF LOCAL REVIEW BODY OF 15TH FEBRUARY, 2022 AND 15TH MARCH, 2022

 

The minutes of meetings were approved.

 

III LOCAL PLANNING REVIEW LRB3/2022 - PLANNING APPLICATION

 

There was submitted Agenda Note AN24-2022 giving details of a request for a review of planning permission for the formation of a driveway at Flat 4, Dunavon Mansion House, Dunavon Gardens, Dundee.

 

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

 

The Legal Adviser advised that the applicant had not raised any new material in the Notice of Review which was not before the Appointed Officer at the time of reaching their decision.

 

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 material considerations, upheld the Appointed Officer's decision to refuse planning permission 21/00791/FULL for the following reason:-

 

Reason:

 

The proposal is contrary to Policy 11 of the Dundee Local Development Plan (2019) and the associated statutory Dundee Local Development Plan 2019 Supplementary Guidance Householder Development - Advice and Best Practice, because it would have detrimental impact on the character and environmental quality of the house and surrounding area by virtue of its size and design. There are no material considerations of sufficient weight to justify approval of the application.

 

IV LOCAL PLANNING REVIEW LRB4/2022 - PLANNING APPLICATION 21/000724/FULL ADDITION OF 1.2M FENCE ON TOP OF EXISTINGWALL ALONG NORTH AND WEST BOUNDARY 314 CLEPINGTON ROAD, DUNDEE

 

There was submitted Agenda Note AN25-2022 giving details of a request for a review of planning permission for the addition of a 1.2m fence on top of the existing wall along the north and west boundary, 314 Clepington 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 additional material which was not before the Appointed Officer at the time of reaching their decision. This information related to private and personal issues such as cost and health of the applicant, which the applicant did not believe needed to be shared with the Appointed Officer. It was noted that neither cost of the project nor health issues raised by the applicant were material considerations in the context of this application and should not be taken into consideration by the Local Review Body during its considerations.

 

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 material considerations, upheld the Appointed Officer's decision to refuse planning permission 21/00724/FULL for the following reason:-

 

Reason:

 

The proposal is contrary to Policy 11 of the Dundee Local Development Plan (2019) and the associated statutory Dundee Local Development Plan 2019 Supplementary Guidance Householder Development - Advice and Best Practice, because it would introduce a timber fence boundary enclosure that would a have detrimental impact on the character and environmental quality of the house and surrounding area by virtue of its size, design and materials. There are no material considerations of sufficient weight to justify approval of the application.

 

 

 

 

Will DAWSON, Chair.