Local Review Body - 04/12/2012

At a MEETING of the LOCAL REVIEW BODY held at Dundee 4th December, 2012.

Present:-

Councillor Craig MELVILLE (Items I and II)

Councillor Tom FERGUSON

Councillor Vari McDONALD

Councillor Craig MELVILLE, 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 25TH OCTOBER, 2012

The minute of the above meeting was submitted and noted.

II LOCAL PLANNING REVIEW - 309 STRATHMARTINE ROAD, DUNDEE

There was submitted Agenda Note AN191-2012, making reference to Article II of the minute of meeting of the Local Review Body (LRB12/12) of 25th October, 2012, wherein details had been submitted for a request for a review of the refusal of planning permission for an increase in number of children from 12 to 18 at Mixed Use Dwellinghouse and Childrens Day Nursery.

The Local Review Body had requested an accompanied site visit which took place on 8th November, 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 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 12/00083/FULL for the following reasons:-

(a) The proposed development to increase the number of children from 12 to 18 at the Mixed Use Dwellinghouse and Childrens Day Nursery is contrary to Policy 1: VIBRANT AND SUSTAINABLE COMMUNITIES of the Dundee Local Plan Review 2005. The proposed development fails to comply in respect of noise, parking layout and traffic movement issues, and is detrimental to neighbouring residential amenity and pedestrian and road traffic safety. 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 to increase the number of children from 12 to 18 at the Mixed Use Dwellinghouse and Childrens Day Nursery is contrary to Policy 19: PRIVATE DAY NURSERIES of the Dundee Local Plan Review 2005. The proposed development fails to comply with the dropping off and amenity criteria of Appendix 4 of Policy 19. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy.

Craig MELVILLE, Chairperson.