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Local Review Body - 14/02/2023

At a MEETING of the LOCAL REVIEW BODY held remotely on 14th February, 2023.

 

Present:-

 

Bailie Christina ROBERTS

Councillor Dorothy McHUGH

Councillor Ken LYNN

 

Bailie Christina ROBERTS, Depute 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 PREVIOUS MEETING

 

The minute of meeting of 13th December, 2022 was noted.

 

III LOCAL PLANNING REVIEW LRB14/2022

 

PLANNING APPLICATION 21/00826/FULL - ERECTION OF OUTBUILDING WITH FLUE (RETROSPECTIVE) - 6 KINGSWAY PLACE, DUNDEE

 

There was submitted Agenda Note AN5-2023 giving details of a request for a review of planning the erection of an outbuilding with flue (retrospective) at 6 Kingsway Place, Dundee.

 

Papers had been circulated at the meeting of 13th December, 2022 and the Local Review Body had requested an accompanied site visit, which had taken place on 14th February, 2023.

 

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. The objector and applicants further comments did not include anything that the Appointed Officer would not have been aware of. The Legal Adviser considered that the Local Review Body should therefore take all documents submitted 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 site visit and 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 21/00826/FULL for the following reasons:-

 

1. The proposed outbuilding is obtrusive in nature and is of a scale and position that results in a detrimental impact on neighbouring properties and overshadows neighbouring garden ground. The proposal therefore fails to comply with Policy 11 of the adopted Dundee Local Development Plan 2019. There are no material planning considerations of sufficient weight to justify approval of the application contrary to the Development Plan.

 

2. The flue on the outbuilding cannot be accommodated without an unsatisfactory level of disturbance on the surrounding area. Specifically, that the emissions, odour and fumes from the flue are likely to result in a detrimental impact on the amenity of the neighbouring residential property to the east. The proposal therefore fails to comply with Policy 39 of the adopted Dundee Local Development Plan 2019. There are no material planning considerations of sufficient weight to justify approval of the application contrary to the Development Plan.

 

Councillor Lynn asked that his dissent be noted to the extent that he objected only to the flue and not the outbuilding itself.

 

IV LOCAL PLANNING REVIEW LRB1/2023

 

PLANNING APPLICATION 22/00564/FULL - PROPOSED CHANGE OF USE FROM VACANT UNIT TO CLASS 3 (FOOD AND DRINK) AND TAKEAWAY - 15 BROOMHILL ROAD, DUNSINANE INDUSTRIAL ESTATE, DUNDEE

 

There was submitted Agenda Note AN6-2023 giving details of a request for a review of planning the change of use from a vacant unit to Class 3 (Food and Drink) and Takeaway at 15 Broomhill Road, Dunsinane Industrial Estate, Dundee.

 

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

 

The Legal Adviser advised the Local Review Body that this application was based on a non-determination of the application by the Appointed Officer. The Town and Country Planning (Scotland) Act 1997 requires that any application be determined within a period of two months, and where this has failed to happen, and where there is no agreement with the applicant to extend this two month period, an application can be treated as being non-determined. In these circumstances, an applicant may submit an application to the Local Review Body on the basis of this non-determination. The legislation further provides that for the purposes of such a review, the Appointed Officer is deemed to have refused the application. Accordingly, the application before the Local Review Body was to be treated as if it had been refused, although no Decision Notice had been issued timeously.

 

The Legal Adviser further 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 Legal Adviser considered that the Local Review Body should therefore take all documents submitted 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 taken into account the provisions of the Development Plan, all material considerations, and all matters raised at the Review, the Local Review Body upheld the deemed refusal of the original application and refused application 22/00564/FULL for the following reasons:-

 

1. The proposed Class 3 restaurant and takeaway is contrary to Policy 26 (Business and industry) of the National Planning Framework 4 and Policy 3 (Principal Economic Development Areas) of the Dundee Local Development Plan 2019. The site is designated as a Principal Economic Development Area where only uses within Class 4, 5 and 6 are supported. There are no material considerations of sufficient weight that would justify approval of the application contrary to the approved and adopted Development Plan.

 

2. The proposed Class 3 restaurant and takeaway is contrary to Policies 27 (City, town, local and commercial centres) and 28 (Retail) of the National Planning Framework 4 and Policy 21 (Town Centre First Principle) of the adopted Dundee Local Development Plan 2019. The applicant has failed to demonstrate that there are no more suitable sites within, or on the edge of the City Centre, District Centres or Commercial Centres; failed to demonstrate that the proposal would address a deficiency within Dundee; and failed to demonstrate that the development would not, cumulatively with other similar developments, have an adverse impact on the vitality and viability of Dundee's City Centre, District Centres, and Commercial Centres. There are no material considerations of sufficient weight that would justify approval of the application contrary to the Development Plan.

 

3. The proposed Class 3 restaurant and takeaway is contrary to Policy 6 (Ancillary Services within Economic Development Areas) of the Dundee Local Development Plan 2019. The proposal is of a scale and form which is aimed towards meeting more than the need of employees and would attract people from across the city and elsewhere. The proposed restaurant would result in an additional Class 3 use in this location which is not ancillary or complementary to the Principal Economic Development Area. There are no material considerations of sufficient weight that would justify approval of the application contrary to the approved and adopted Development Plan.

 

 

 

 

Christina ROBERTS, Depute Chair.