Local Review Body - 21/08/2012
At a MEETING of the LOCAL REVIEW BODY held at Dundee 21st August, 2012.
Present:-
Depute Lord Provost Christina ROBERTS
Councillor Craig MELVILLE (During consideration of items II, III, IV, V and VII)
Councillor Tom FERGUSON (During consideration of items II, III, IV, VI and VII)
Councillor Mohammed ASIF (During consideration of items V and VI)
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 24TH JULY, 2012
The minute of the above meeting was submitted and noted.
II LOCAL PLANNING REVIEW - LR7/12 - 18 GLAMIS ROAD, DUNDEE
There was submitted Agenda Note AN141-2012 giving details of a request for a review of the refusal of planning permission for a dwellinghouse in garden ground.
The Planning Adviser gave a brief outline of the application and the reasons for the refusal.
Thereafter, the Legal Adviser advised of the undernoted procedural/legal issues which required to be considered by the Local Review Body:-
(i) The applicant had intimated in the Notice of Review that she had not introduced any new material which was not before the Appointed Officer at the time the application was determined. However, the applicant had submitted, as part of the review, comments on the reasons for refusal of the application provided by 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 was not to raise any matter which was not before the appointed person at the time the determination reviewed was made unless that party could demonstrate 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 were 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 if 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, which was that the new material referred to in the application for review should be taken into consideration and nothing should be ruled out at this stage.
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 the existing submissions and one or more hearing sessions.
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 individual:-
From the Director of City Development
Details of the application which had recently been approved for planning permission for extension to house and associated site works approved on 12th June, 2012.
It was also agreed to hold an accompanied site visit on Wednesday, 29th August, 2012 at 2.30 pm, which the Council's Forestry Officer would be asked to attend.
III LOCAL PLANNING REVIEW - LR11/12 - 2D PATONS LANE, DUNDEE
There was submitted Agenda Note AN142-2012 giving details of a request for a review of the refusal of planning permission for the change of use from four bedroom flat to house of multiple occupancy.
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:-
(i) The applicant has intimated in the Notice of Review that he had introduced new material which was not before the Appointed Officer at the time the decision was made. This new material consisted of a letter from the previous owners of the property and its use by the owner prior to him. This information was obtained after the decision of 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 was not to raise any matter which was not before the appointed person at the time the determination reviewed had been made unless that party could demonstrate that the matter could not have been raised before that time was a consequence of exceptional circumstances. If either of these tests were 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, which was that the new material should be taken into consideration and nothing should be ruled out at this stage.
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 further written submissions and one or more hearing sessions.
The Committee agreed to hold an accompanied site visit on Wednesday, 29th August, 2012 at 3.30 pm.
IV LOCAL PLANNING REVIEW LR09/12 - LAND SOUTH OF 15 CLAYPOTTS ROAD, BROUGHTY FERRY, DUNDEE
There was submitted Agenda Note AN143-2012 giving details of a request for a review of the refusal of planning permission for the erection of a new dwellinghouse in garden ground.
Thereafter, the Legal Adviser advised of the undernoted procedural/legal issues which required to be considered by the Local Review Body:-
(i) This application was originally submitted to the Planning Authority on 14th October, 2009. The Appointed Officer advertised the application as a departure from policy and charged the applicant the fee in respect of the advertisement notice. The applicant did not pay the fee and, in accordance with the 1997 Act, the application could not be determined. The fee was paid earlier this year and a decision notice was issued on 13th June, 2012. The applicant has intimated in the Notice of Review that he has introduced new material which was not before the Appointed Officer at the time the application was determined. This material consists of a letter (MBM4) dated 29th May, 2012 which was submitted to the Appointed Officer but which the Appointed Officer did not take into account as matters had already been considered in 2010 when the application was submitted.
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 reviewed had been made unless that party could demonstrate that the matter could not have been raised before that time was a consequence of exceptional circumstances. If either of these tests were 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, which was that this letter should be taken into consideration and nothing should be ruled out at this stage.
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 the existing submissions and a site visit.
The Local Review Body agreed to hold an accompanied site visit on Wednesday, 29th August, 2012 at 1.30 pm.
V LOCAL PLANNING REVIEW LR3/12 - 14 BRIGHT STREET, LOCHEE, DUNDEE
There was submitted Agenda Note AN144-2012, 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 the positioning of a Portacabin Module to provide Disability Therapy.
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. It had, thereafter, requested samples of finishing materials which had been obtained and circulated.
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 taken into account the Development Plan and the material considerations of Local Review Body, reversed the Appointed Officer's decision to refuse Planning Permission, reference 11-00435-FULL, and granted the application, subject to the following conditions:-
(i) this consent should enure for the benefit to the applicant and his spouse only and for no other party without the express consent of this Authority;
(ii) this consent would expire 12 months from the date of this approval;
(iii) the temporary building for which this temporary consent was granted should be clad in materials, the details and colours of which should be submitted for the approval of the Local Planning Authority prior to the commencement of works thereby approved;
(iv) the applicant should submit for the prior approval of the Local Planning Authority details of the repair, treatment and reinstatement of the boundary wall, railings and access prior to the commencement of works thereby approved;
(v) the temporary building for which this temporary consent was granted, including all repair and reinstatement works, should be completed in accordance with all approved plans referred to at 3 and 4 above within four weeks of the issue of this consent; and
(vi) the applicant should submit for the prior approval of the Local Planning Authority details, including a planting programme, for the replacement of trees previously removed to accommodate the temporary building for which this temporary consent was granted.
For the following reasons:-
(i) in order that no other party might benefit from the particular circumstances of the applicant's spouse which justified the departure from the appropriate policies of the Development Plan for the area;
(ii) to enable the Local Planning Authority to review the particular circumstances of the applicant which justified the departure from the appropriate policies of the Development Plan for the area and to enable the Local Planning Authority to review the performance of the materials and condition of the temporary building for which this temporary consent was granted;
(iii) in the interest of residential and visual amenity in this Conservation Area;
(iv) in the interest of residential and visual amenity in this Conservation Area; and in order to remediate unauthorised works in the Conservation Area;
(v) in the interest of residential and visual amenity in this Conservation Area; and in order to remediate unauthorised works in the Conservation Area; and
(vi) in the interest of residential and visual amenity in this Conservation Area and in order to remediate unauthorised works in the Conservation Area.
VI LOCAL PLANNING REVIEW LR6/12 - 3 AND 7 COMMERCIAL STREET, DUNDEE
There was submitted Agenda Note AN145-2012, making reference to Article III of the minute of meeting of the Local Review Body of 24th July, 2012, wherein details had been submitted of a request for a review of the refusal of planning permission for the change of use from vacant office to two flats at 3 and 7 Commercial Street, Dundee.
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 15th August, 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 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 individual:-
From the Director of Environmental Health
1. Please advise whether your opposition to this application is based on the application being for unrestricted residential use.
2. Are there any conditions or use restrictions which could be imposed, any consent which would lead to your opposition being withdrawn?
3. Please explain the meaning of "annual mean" in your response.
4. Please advise of the identity of the manufacturers of the diffusion tubes and their tolerances/margins for error.
5. Please advise of the methods of possible abatement techniques such as sealing/ventilation/filters and whether the use of any technique would lead to your opposition being withdrawn.
6. Are the pollution readings obtained weather sensitive?
7. How do the NO2 levels compare to other "hotspots" in the city?
From the applicant
1. The applicant is required to submit a Noise Impact Assessment specifically in relation to the proposed ground floor flats (including results for single, double and triple glazing, respectively) in order for the Local Review Body to consider all noise factors impacting on residential amenity at the application site.
2. The application is required to submit their response to the Air Quality Submissions made by the Council's Environmental Health Officer.
VII LOCAL PLANNING REVIEW LR8/12 - 37A ALBANY ROAD, BROUGHTY FERRY, DUNDEE
There was submitted Agenda Note AN146-2012, making reference to Article II of the minute of meeting of the Local Review Body of 24th July, 2012, wherein details had been submitted for a request for a review of the refusal of planning permission for the redevelopment and extension of an existing annex to form a new dwelling/double garage.
The Local Review Body had requested an accompanied 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 this information.
Thereafter, having considered all the information, the Local Review Body upheld the decision of the Appointed Officer to refuse planning permission. This was on the grounds that:-
(i) the proposed dwelling was contrary to Policy 15 of the Dundee Local Plan Review 2005 as the proposal represented over-development of the site and failed to respect the density of surrounding properties. There were no material considerations to justify a decision contrary to Policy;
(ii) the proposal did not comply with Policy 4 of the Dundee Local Plan Review 2005 as the proposal was in an established low density area and more generous external space standards were required and the development did not present a design solution appropriate to the site and context. There were no material considerations to justify a decision contrary to Policy.
Christina ROBERTS, Chairman.