Local Review Body - 22/10/2013
At a MEETING of the LOCAL REVIEW BODY held at Dundee 22nd October, 2013.
Present:-
Depute Lord Provost Christina ROBERTS (Article IV only)
Councillor Craig MELVILLE
Councillor Tom FERGUSON
Councillor David BOWES (Articles I, II and III only)
Councillor Craig MELVILLE, in the Chair. (Articles I, II and III)
Depute Lord Provost Christina ROBERTS, in the Chair. (Article IV only)
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 cases under review and were present to provide factual information and guidance only.
I MINUTE OF MEETING OF LOCAL REVIEW BODY OF 30TH APRIL, 2013
The minute of the above meeting was submitted and noted.
II LOCAL PLANNING REVIEW - LR2/13 - 309 STRATHMARTINE ROAD, DUNDEE
There was submitted Agenda Note AN116-2013 giving details of a request for a review of the refusal of planning permission for an increase in number of children from 12 to 15 at a children's nursery.
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) 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 any 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 her preference would be for a site inspection and one or more hearing sessions.
The Local Review Body agreed to hold an accompanied site visit, date to be confirmed.
III REQUEST FOR REVIEW - LR3/13 - 15 BALUNIEFIELD ROAD, DUNDEE
There was submitted Agenda Note AN117-2013 giving details of a request for a review of the refusal of planning permission for the change of use from retail to hot food takeaway.
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) 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 raised by the applicant 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.
The Local Review Body agreed to hold an accompanied site visit to which an Environmental Officer be asked to attend, date to be agreed.
IV REQUEST FOR REVIEW - LR4/13 - DARKFALLS, 1 CASTLEROY ROAD, DUNDEE
There was submitted Agenda Note AN118-2013 giving details of a request for a review of the refusal of planning permission for the erection of a new two storey house in garden ground.
The Planning Adviser gave a brief outline of the application and 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) 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 any new material regarding densities 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 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 Director of City Development
An outline of the basis of the calculation of 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.
From the Applicant
An outline of the basis of the calculation of 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.
It was also agreed to hold an accompanied site visit which the Council's Forestry Officer would be asked to attend, date to be agreed.
Craig MELVILLE, Chairperson.