Local Review Body - 11/03/2025
At a MEETING of the LOCAL REVIEW BODY held remotely 11th March, 2025.
Present:-
Bailie Will DAWSON
Councillor Stewart HUNTER
Councillor Dorothy McHUGH
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 MEETINGS OF 10TH DECEMBER, 2024 AND 14TH JANUARY, 2025
The minutes of meetings of 10th December, 2024 and 14th January, 2025 were submitted and approved.
III LOCAL PLANNING REVIEW LRB01/2025
CHANGE OF USE TO SHORT-TERM LET (RETROSPECTIVE) - 1/2, 11 JANEFIELD PLACE, DUNDEE
There was submitted Agenda Note AN9-2025 giving details of a request for a review of planning permission for Change of Use to Short-Term Let (Retrospective) - 1/2, 11 Janefield Place, 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 some matters which were not before the Appointed Officer when the application was submitted. Some of the matters raised were not relevant therefore would not fall to be considered by the Local Review Body, namely the applicants Freedom of Information requests, comparing Planning and Licensing regimes, and the comparison and examination of other planning decisions in relation to similar matters. The applicant also mentioned a Short-Term Letting policy however Planning have confirmed that Dundee City Council does not have such a policy.
The Local Review Body considered the documentation submitted, and 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.
IV LOCAL PLANNING REVIEW LRB02/2025
ERECTION OF DWELLING HOUSE - GARDEN GROUND TO REAR OF, 182 LONG LANE, BROUGHTY FERRY, DUNDEE
There was submitted Agenda Note AN10-2025 giving details of a request for a review of planning permission for Erection of Dwelling House - Garden Ground to Rear of, 182 Long Lane, 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 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 them reaching their decision. However, in further representations submitted by Broughty Ferry Community Council reference was made to previous applications submitted in respect of this site. Members noted that whilst the previous site history could be a material consideration, every application should be determined on its own merit.
The Local Review Body considered the documentation submitted and, after discussion, agreed to hold an accompanied site visit. (Subsequently arranged for 3rd April, 2025).
V LOCAL PLANNING REVIEW LRB03/2025
ERECTION OF HOUSE - GARDEN GROUND AT 33 RERES ROAD, BROUGHTY FERRY, DUNDEE
There was submitted Agenda Note AN11-2025 giving details of a request for a review of planning permission for Erection of House - Garden Ground at 33 Reres Road, 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 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 them reaching their decision therefore all documentation should be taken into consideration by the Local Review Body during its deliberations.
The Local Review Body considered the documentation submitted and, after discussion, agreed to hold an accompanied site visit. (Subsequently arranged for 3rd April, 2025).
VI LOCAL PLANNING REVIEW LRB04/2025
CHANGE OF USE TO SHORT-TERM LET (RETROSPECTIVE) - 2/1 AND 3/1, 9 BLACKNESS AVENUE, DUNDEE
There was submitted Agenda Note AN12-2025 giving details of a request for a review of planning permission for Change of Use to Short-Term Let (Retrospective) - 2/1 and 3/1, 9 Blackness 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 not raised any new matters which were not before the Appointed Officer at the time of them reaching their decision. However, the Legal Adviser advised the Local Review Body that there was information in the Notice of Review regarding the make-up of the tenement, in particular that there were Houses in Multiple Occupation (HMOs) in the block. The Local Review Body noted that this information could be considered relevant to the amenity at this location and agreed that further information should be sought from the Appointed Officer as to their awareness of the HMOs in the tenement and the effect this may have had on their decision.
The Local Review Body considered the documentation submitted and, after discussion, agreed to hold an accompanied site visit (Subsequently arranged for 3rd April, 2025) and agreed to seek comments from the Appointed Officer regarding the presence of HMOs within the tenement.
Will DAWSON, Chair.