Local Review Body - 29/06/2010

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 29th June, 2010.

Present:-

Councillor David BOWES

Councillor Christina ROBERTS

Councillor Tom FERGUSON

Councillor David BOWES, in the Chair.

The Chairman 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 cases under review, and was present to provide factual information and guidance only.

I MINUTE OF MEETING OF LOCAL REVIEW BODY OF 25TH MAY, 2010

The minute of the above meeting was submitted and noted.

II REQUEST FOR REVIEW - LR03/10 - LAND TO SOUTH OF 1 CASTLEROY ROAD, BROUGHTY FERRY, DUNDEE

Details had been submitted of a request for a review of the refusal of planning permission for the erection of a two storey house with integral garage and new driveway, for Mr and Mrs M Reid on land south of 1 Castleroy Road, Broughty Ferry, Dundee.

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

Thereafter, the Legal Adviser advised of the undernoted procedural/legal issue which required to be considered by the Local Review Body.

The applicant had referred in the Notice of Review to new material, being site photographs which were for the benefit of the Local Review Body. It was presumed that these were not before the appointed officer who decided the case under delegated powers, although it was stated that the position would have been noted by the appointed officer. The applicant had also submitted a map and information on densities in response to information contained in the Report of Handling. Again, this information was not before the appointed officer.

In terms of Section 43B(1) of the Town and Country Planning (Scotland) Act 1997 as amended, in a review, a party to the proceedings should not raise any matter which was not before the appointed person at the time the determination reviewed was made unless that party could demonstrate either that the matter could not have been raised before that time, or that its not being raised before that time was a consequence of exceptional circumstances.

If either of these tests is met, then the Local Review Body should take the new information into consideration in reaching its decision.

In any event, in terms of Section 43B(2) of the 1997 Act as amended, the Local Review Body is, required in reaching its decision, to have regard to the provisions of the Development Plan and any other material considerations. If the Local Review Body considered that the new information contained material considerations it is required to take these into account. If not and if neither of the criteria in terms of sub-section (1) is met, the new information should not be considered.

The Legal Adviser was of the view that that the new material does raise material considerations and should be taken into consideration.

The Local Review Body concurred with this view.

Thereafter, the Local Review Body considered whether it felt that it had sufficient information before it to determine the review at that time, or whether it required any further information. Members noted that the applicant had requested that the review be undertaken on the basis of one or more hearing sessions, and a site visit.

The Local Review Body considered the documentation submitted and, after discussion, agreed to request further written submissions in respect of the undernoted matters under the provisions of Regulations 13 and 15 of the Town and Country Planning (Schemes of Delegation and Local Review) Procedure (Scotland) Regulations 2008 from the following individuals:-

From the Appointed Officer

(i) Clarification of the areas used for the calculation of the densities referred to under the Policy 4 discussion in the Report of Handling relative to the density plan and calculations referred to in the Grounds of Review; and

(ii) An outline of the basis of the calculation of the footprint figures specified in the Report of Handling in respect of "Darkfalls" and the house to the north because the figures quoted vary from those referred to by the applicant in the Grounds of Review. This issue is relevant to the discharge of Policy 15.

From the Applicant

An outline of the basis of the calculation of the footprint figures specified in the Grounds of Review in respect of "Darkfalls" and the house to the north because the figures quoted vary from those referred to in the Report of Handling. This issue is relevant to the discharge of Policy 15.

From the Council's Arboricultural Officer

A written explanation of the advice given to the Appointed Officer and referred to in the Report of Handling in respect of the condition and amenity value of the trees proposed to be felled with reference to the two tree survey reports submitted by the applicant; a written opinion relative to the likely impact of the development on tree No 620; and a written assessment of the tree removal proposals relative to Tree Preservation Order 16/2008.

The Local Review Body also agreed to hold an accompanied site visit on Monday, 9th August, 2010 at 9.30 am.

III REQUEST FOR REVIEW - LR02/10 - LAND TO NORTH WEST OF 77 TO 79 ANCRUM DRIVE, DUNDEE

Reference was made to Article I of the minute of meeting of the Local Review Body of 25th May, 2010, wherein details had been submitted of a request for review of the refusal of planning permission for the erection of a detached house with integral garage and balcony to the west elevation, for Mr and Mrs Hutchison on land to the northwest of 77 Ancrum Drive.

The Local Review Body had agreed to proceed on the basis of the documentation before it, together with an accompanied site visit, and to continue consideration of the matter at this meeting. The accompanied site visit had taken place on 17th June, 2010. An unaccompanied site visit had also taken place on the evening of 21st June, 2010.

It was further noted that the Local Review Body at its last meeting had also agreed that a notice be placed in the local newspaper under Regulation 19 of the Town and Country Planning (Schemes of Delegation and Local Review) Procedure (Scotland) Regulations 2008. This had been done and no further representations had been received.

The Local Review Body agreed in terms of the Local Review Procedure Regulations to determine the review without further procedure on the basis of this information.

Thereafter, having considered all the information, the Local Review Body upheld the decision of the Appointed Officer to refuse planning permission.

David BOWES, Convener.