Local Review Body - 24/07/2012

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 24th July, 2012.

Present:-

Depute Lord Provost Christina ROBERTS

Councillor Mohammed ASIF (during consideration of Items III and IV only)

Councillor Tom FERGUSON (during consideration of Items II, III, V and VI only)

Councillor Craig MELVILLE (during consideration of Items II, IV, V and VI only)

Depute Lord Provost Christina ROBERTS, 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 case under review and was present to provide factual information and guidance only.

I MINUTE OF MEETING OF LOCAL REVIEW BODY OF 12TH JUNE, 2012

The minute of the above meeting was submitted and noted.

II LOCAL PLANNING REVIEW LRB8/12

There was submitted Agenda Note AN109-2012 giving details of a request for a review of the refusal of planning permission for the redevelopment and extension of existing annex to form a new dwelling and double garage at 37A Albany Road, Broughty Ferry.

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 issues which required to be considered by the Local Review Body.

The applicant had intimated in the Notice of Review that he had introduced new material which was not before the Appointed Officer at the time the application was determined. This new material consisted of two letters of support which the applicant advised were submitted in response to the application being refused and therefore could not have been submitted prior to its determination.

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 was not to raise any matter which was not before the appointed person at the time the determination was made unless that party could demonstrate:-

(i) that the matter could not have been raised before that time; or

(ii) that it is not being raised before that time was a consequence of exceptional circumstances.

If either of these tests was 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 was required, in reaching its decision, to have regard to the provisions of the development plan and any other material considerations. Therefore, if the Local Review Body considered that the new information contained material considerations, it was required to take these into account. If not, and neither of the criteria in terms of sub-section (1) was met, the new information should not be considered.

The Local Review Body agreed with the view of the Legal Adviser that the new material referred to in the application for review should be taken into consideration and should not be ruled out at this stage.

Thereafter, the Local Review Body considered whether it felt it had sufficient information before it to determine the review at that time or whether it required any further information.

The Local Review Body agreed to hold an accompanied site visit on Wednesday, 15th August, 2012.

It was further agreed to request that the applicant mark on the boundaries of the proposed development and garden for the purposes of the site visit.

III LOCAL PLANNING REVIEW LR6/12

There was submitted Agenda Note AN110-2012 giving details of a request for a review of the decision to refuse planning permission for change of use from vacant office to two flats at 3 and 7 Commercial Street, Dundee.

The applicant had intimated in the Notice of Review that he had introduced new material which was not before the Appointed Officer at the time the application was determined. According to the applicant this was in response to the reasons for refusal provided by the Appointed Officer. The new material consisted of a statement detailing the applicant's response.

(i) that the matter could not have been raised before that time; or

(ii) that it is not being raised before that time was a consequence of exceptional circumstances.

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

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.

The Local Review Body agreed to hold an accompanied site visit on Wednesday, 15th August, 2012, and to seek the undernoted further information:-

(i) From the Applicant:-

- Details of how long and how extensively the properties at 3 and 7 Commercial Street had been marketed for shop/restaurant use, and evidence to support the lack of market interest in the properties;

- A Noise Impact Assessment in order to consider all factors impacting on residential amenity in this location.

(ii) From the Director of Environmental Health:-

- Dundee City Council Environmental Health Officers stated that the application could not be supported due to the poor air quality of the surrounding environment at ground level. The Director of Environmental Health was requested to provide information as to the levels of nitrogen dioxide in this location.

IV LOCAL PLANNING REVIEW LR3/12

There was submitted Agenda Note AN111-2012 making reference to Article II of the minute of meeting of the Local Review Body of 12th June, 2012, wherein details had been submitted of a request for a review of the refusal of planning permission for positioning a portakabin module to provide disability therapy at 14 Bright Street, Lochee.

The Local Review Body had requested further written submissions which had been provided and circulated. It had also requested an accompanied site visit which had taken place on 27th June, 2012.

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.

The Local Review Body agreed that the applicant be asked to provide sample panels of finishing materials and cladding detail to be used on the walls and roof of the portakabin, as detailed in the original application 1100435FULL and drawings.

V LOCAL PLANNING REVIEW LR4/12

There was submitted Agenda Note AN112-2012 making reference to Article III of the minute of meeting of the Local Review Body of 12th June, 2011, wherein details had been submitted of a request for a review of the refusal of planning permission for partial removal of a store boundary wall to form pedestrian and vehicular access at 11 Strawberrybank, Dundee.

The Local Review body had requested further written submissions which had been provided and circulated. It had also requested a site visit which had taken place on 15th August, 2012.

The Local Review Body 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 reversed the determination of the Appointed Officer, upheld the review and granted planning permission, subject to the following conditions pertaining to the formation of the openings and to closing gates:-

(a) Conditions

1 Prior to the commencement of work on site, details of the proposed mortar composition to be used to build and point the proposed gate piers and make good the boundary walls shall be submitted to the Council for written approval. Thereafter, only the mortar composition approved by this condition shall be used to build and point the proposed gate piers and make good the boundary walls at 11 Strawberrybank, Dundee.

2 Details of any new or replacement stone to be used to form the proposed lintel over the pedestrian access, build the proposed gate piers or make good the boundary walls at 11 Strawberrybank shall be submitted to the Council for written approval. Thereafter, only the replacement stone lintel over the pedestrian access, make good the boundary walls and build the proposed gate piers.

3 Prior to the commencement of work on site, details of the gates to enclose the vehicle access hereby approved shall be submitted to the Council for written approval. Thereafter, only the gate approved by this condition shall enclose the vehicle access hereby approved.

4 The applicant must submit a Vehicle Access Application to Dundee City Council as Roads Authority in order to form the footway crossing to Strawberrybank. The details of the construction to be agreed with the Dundee City Council Conservation Officer.

(b) Reasons

1 In the interests of maintaining the health and integrity of the stone and the appearance of the West End Lanes Conservation Areas.

2 In the interests of maintaining the appearance of the existing stone built boundary walls and the West End Lanes Conservation Area.

3 In the interests of visual amenity and to continue the sense of enclosure of Strawberry bank.

4 The construction details are to be in accordance with Streets Ahead, Dundee City Council's Road Construction Standards and should not erode the built characteristics of Strawberrybank.

VI LOCAL PLANNING REVIEW LR5/12

There was submitted Agenda Note AN93-2012 making reference to Article III of the minute of meeting of the Local review Body of 27th September, 2011, wherein details were submitted of a request for a review of the refusal of planning permission for the change of use from dwellinghouse to mixed use of dwellinghouse and children's day nursery for up to nine children at 11 Frederick Street, Dundee.

The Local Review Body had, at its meeting of 12th June, 2012, requested an accompanied site visit which had taken place on 27th June, 2012.

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 and dismissed the review. This was on the grounds that:-

(a) The proposed development is contrary to Policy 1: VIBRANT AND SUSTAINABLE COMMUNITIES of the Dundee Local Plan Review 2005 as the use of this semi-detached house for a mixed use of dwelling and children's day nursery for nine children fails to comply in respect of design, noise, parking and traffic movement issues, and is detrimental to neighbouring visual and residential amenity. Further the proposed development does not conform to other policies in the plan, namely Policy 19: PRIVATE DAY NURSERIES. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy.

(b) The proposed development is contrary to Policy 19: PRIVATE DAY NURSERIES of the Dundee Local Plan Review 2005 as the site is not well located, fails to provide level ramped access, would fail to provide the necessary dropping-off spaces, would be within 250 metres of another nursery on Strathmartine Road and is detrimental to neighbouring visual and residential amenity. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy.

Christina ROBERTS, Chairperson.

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