Local Review Body - 25/10/2012

At a MEETING of the LOCAL REVIEW BODY held at Dundee 25th October, 2012.

Present:-

Depute Lord Provost Christina ROBERTS (Items I and III)

Councillor Craig MELVILLE (Items I and II)

Councillor Tom FERGUSON

Councillor Vari McDONALD (Items I and II)

Councillor Mohammed ASIF (Items I and III)

Depute Lord Provost Christina ROBERTS, in the Chair for Items I and III, Councillor Craig Melville for Item II.

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 Advisers were employees of the Planning Authority, they had not been involved in the determination of the case under review and were present to provide factual information and guidance only.

I MINUTE OF MEETING OF LOCAL REVIEW BODY OF 20TH SEPTEMBER, 2012

The minute of the above meeting was submitted and noted.

II LOCAL PLANNING REVIEW - LRB12/12 - 309 STRATHMARTINE ROAD, DUNDEE

There was submitted Agenda Note AN142-2012 giving details of a request for a review of the refusal of planning permission for the increase in number of children from 12 to 18 at a mixed use dwellinghouse and children's day nursery.

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 had intimated in the Notice of Review that she had not introduced new material which was not before the Appointed Officer at the time the decision was made. However, the applicant had submitted for review a statement consisting of her grounds of appeal in which she responded to the reasons for refusal of the application provided by the Appointed Officer before the Appointed Officer, in particular comments regarding the operation of other day nurseries which is alleged operate within Dundee.

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. Members noted that the applicant had requested that the review be undertaken on the submitted information and a site visit.

The Committee agreed to hold an accompanied site visit on Thursday, 8th November, 2012 at 2.00 pm.

III LOCAL PLANNING REVIEW - LRB6/12 - 3 AND 7 COMMERCIAL STREET, DUNDEE

There was submitted Agenda Note AN182-2012, making reference to Article II of the minute of meeting of the Local Review Body of 21st August, 2012, wherein details had been submitted for a request for a review of the refusal of planning permission for change of use from vacant offices to form two flats.

The Local Review Body had requested an accompanied site visit which took place on 15th August, 2012 and had requested further information 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 considered all the information, the Local Review Body having taken into account the provisions of the Development Plan, all material considerations, the accompanied site visit and all matters raised at the Review, the Local Review Body upheld the Appointed Officer's decision to refuse planning permission reference 12/00027/FULL for the following reasons:

(i) The proposal does not comply with Policy 36 of the Dundee Local Plan Review 2005 because the proposal is for a Change of Use not within a use under Classes 1, 2, or 3 of the Land Use Classes (Scotland) 1997 and would therefore not contribute to the commercial or retail choice within this non core and speciality shopping area of the city centre; and

(ii) The results of both the Noise Impact Assessment and the Air Quality monitoring records outside the site at 3 and 7 Commercial Street do not indicate an acceptable level of basic residential amenity and there are no material considerations indicating approval which would justify approval of the proposal contrary to the provisions of the Development Plan and the noise and air quality material considerations.

Christina ROBERTS and Craig MELVILLE, Chairpersons.