Local Review Body - 14/06/2022

At a MEETING of the LOCAL REVIEW BODY held remotely on 14th June, 2022.

Present:-

Bailie Will DAWSON

Bailie Christina ROBERTS

Councillor Mark FLYNN

Bailie 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 MEETING OF LOCAL REVIEW BODY OF 19TH APRIL, 2022

The minute of meeting was approved.

III LOCAL PLANNING REVIEW LRB5/2022 - PLANNING APPLICATION 21|00689/FULL - CHANGE OF USE FROM PUBLIC FOOTWAY TOOUTSIDE DINING AND DRINKING AREA INCLUDING THE ERECTION OF A SHELTER

There was submitted Agenda Note AN27-2022 giving details of a request for a review of planning permission for the change of use from a public footway to outside dining and drinking area including the erection of a shelter (retrospective) (temporary 2-year permission) at 121 Fisher Street, Broughty Ferry, 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 21/00689/FULL for the following reasons:-

Reasons:

1. The proposal is contrary to Policy 1 of the Dundee Local Development Plan (2019) as the design and siting of the development does not respect the character and amenity of the place. The siting of the shelter structure and change of use from the majority of an 8m section of the public footway to a dining and drinking area associated with an adjacent public house and restaurant would remove the majority of the affected section of public footway from the public realm and would prevent the free-flowing use of the public footway in a manner that would inhibit users of multi-modal means of transport, such as walking, and would have the potential to force them to leave the public footway or to seek alternative routes.

2. The proposal is contrary to Policy 49 of the Dundee Local Development Plan (2019) as it is considered to be of a low standard of design quality that is architecturally at odds with the surrounding area, and its design and presence is not considered to have regard to the preservation or enhancement of the setting of the listed buildings in the surrounding area.

3. The proposal is contrary to Policy 51 of the Dundee Local Development Plan (2019) as it would interrupt the consistency and general uniformity of the building line, which is a contributing factor to the historic environment of the conservation area. The proposed outdoor dining and drinking shelter, due to its scale, form, material finish and height, does not preserve or enhance the character of the surrounding conservation area.

4. The proposal is contrary to Policy 54 of the Dundee Local Development Plan (2019), as it would result in the formation of a shelter structure in order to form an enclosed outdoor dining and drinking area that would impact upon the free-flowing use of an 8m section of the public footway in a manner that would have a detrimental effect on the capacity and safe functioning of the existing road.

IV LOCAL PLANNING REVIEW LRB6/2022 - PLANNING APPLICATION 21|00885/FULL - SECTION 42 APPLICATION TO REMOVE CONDITION4 OF APPEAL DECISION, 77 HIGH STREET, DUNDEE

There was submitted Agenda Note AN28-2022 giving details of a request for a review of planning permission for the Section 42 application to remove Condition 4 of Appeal Decision PPA-180-100 - 77 High Street, 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. Whilst the matter of noise was not a new issue, an updated noise assessment had been submitted along with a Plant Noise Impact Assessment which had not been before the Appointed Officer at the time of their reaching a decision. This assessment sought to address the issue of noise and was relevant in the context of this application. Therefore, this should be taken into consideration by the Local Review Body during its considerations.

Reason:

The application has been refused because the proposal fails to satisfy the requirements of Policy 39 (Environmental Protection) of Dundee Local Development Plan 2019 and would have an adverse impact on the amenity of nearby residential properties. There are no material considerations that would justify approval of planning permission contrary to the provisions of the development plan.

Will DAWSON, Chair.

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