Local Review Body - 17/12/2013

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 17th December, 2013.

Present:-

Depute Lord Provost Christina ROBERTS

Councillor Craig MELVILLE

Councillor Tom FERGUSON

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 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 DECLARATION OF INTEREST

There were no declarations of interest.

II MINUTE OF MEETING OF LOCAL REVIEW BODY OF 19TH NOVEMBER, 2013

The minute of the above meeting was submitted and noted.

III LOCAL PLANNING REVIEW LR5/13 - 11 VICTORIA ROAD, BROUGHTY FERRY

There was submitted Agenda Note AN144-2013 making reference to Article III of the minute of meeting of the Local Review Body of 19th November, 2013, wherein details were submitted of a request for a review of the refusal of planning permission for the erection of three dwellinghouses.

The Review Body had, at that meeting, requested an accompanied site visit, which had taken place, and requested additional information, which had been 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 received reversed the decision of the Appointed Officer and granted the application, subject to the conditions that:-

(a) prior to the commencement of development, details of an enhanced vehicle access together with a consequential method statement for any repair or reinstatement of the stonework at the access to the site shall be submitted to the Council for written approval. Thereafter, the access and any repair or reinstatement of the stonework shall be fully completed in accordance with the terms of the said written approval before the development of any of the houses hereby approved is commenced;

(b) prior to the commencement of any works on site, tree protection fencing in accordance with BS5837:2012 shall be erected on site around all of the trees and such fencing shall be retained in place throughout the construction period. No excavations, site works or services shall be carried out within the protected tree area and no soil, waste or materials shall be deposited within the tree area in such a position as to be likely to cause damage to the trees by affecting their root structure. Three clear working days notice shall be given to the City Council of the erection of the tree fencing to allow the site to be inspected;

(c) prior to the commencement of any development a comprehensive landscaping scheme for hard and soft landscaping shall be submitted for approval and the works shall be carried out only in accordance with such approved details;

(d) within six months of the first occupation of each house, the landscaping scheme detailed in Condition 3 shall be fully implemented in each house plot in accordance with the approved details and BS4043:1989;

(e) any trees or shrubs removed, dying, severely damaged or becoming seriously diseased within five years of planting, shall be replaced by trees or shrubs of similar size and species to those originally required to be planted in terms of this condition;

(f) prior to the occupation of any dwellinghouse on site, written confirmation that the recommendations of the submitted Phase 1 Environmental Risk Assessment, dated November, 2013, have been adhered to, shall be submitted to and approved by the Council;

(g) the submitted Sustainable Drainage Scheme (as detailed in the submitted Drainage Strategy) shall be fully implemented in respect of each plot prior to the occupation of each dwellinghouse. This shall include the access and driveways to the properties;

(h) prior to the commencement of any work on site, details of the proposed finishing materials of the proposed houses and boundary walls shall be submitted to the Council for written approval. Thereafter, the proposed houses and boundary walls will be finished in strict accordance with the details approved by this condition prior to the occupation of the dwellinghouses; and

(i) a statement of compliance with Policy 29 Low and Zero Carbon Generating Technology shall be submitted to the Council in advance of any development on site.

REASONS

- to ensure that a safe access is provided to accommodate the construction traffic in the first instance and the traffic generated by the development thereafter in the interests of traffic and pedestrian safety. Said access is to be constructed in such a manner as to preserve the amenity of the boundary walls to the street elevation which form a significant feature of the Conservation Area.

- to ensure that the trees are protected during the construction period and thereafter.

- in the interests of the amenity of the surrounding Conservation Area and to enhance the visual amenity of the development.

- in order to ensure that the site is suitable for the proposed use and in the interests of the amenities of the future residents.

- in order to ensure that surface water is dealt with in an acceptable manner in accordance with current requirements and to ensure surface water does not drain on to the adjoining adopted highway.

- to ensure the development contributes towards the reduction of carbon emissions by installing low and zero carbon generating technology.

IV LOCAL PLANNING REVIEW LR4/13 - DARKFALLS, 1 CASTLEROY ROAD, BROUGHTY FERRY, DUNDEE

There was submitted Agenda Note AN145-2013 making reference to Article IV of the minute of meeting of the Local Review Body of 22nd October, 2013, wherein details were submitted of a request for a review of the refusal of planning permission for the erection of a new house in garden ground.

The Review Body had, at that meeting, requested an accompanied site visit, which had taken place, and requested additional information, which had been 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 received reversed the decision of the Appointed Officer and granted the application, subject to the following conditions:-

(a) prior to commencement on site the details of all finishing materials shall be submitted to the Council for written approval. Thereafter, only those materials approved in this condition shall be used to clad the proposal;

(b) prior to commencement on site a statement of compliance in accordance with Policy 29 of the Local Development Plan 2014 shall be submitted to the Council for written approval; and

(c) prior to commencement on site a comprehensive tree planting and soft landscaping plan shall be submitted in writing to the Council for written approval. Thereafter, only those trees and plants approved by this condition shall be planted as part of the proposal.

REASONS

- in the interest of securing a high quality design that preserves and enhances the amenity and characteristics of the conservation area in accordance with Policies 7, 9 and 50 of the Local Development Plan 2014.

- in the interest of securing thermal efficiency and best practice in reducing carbon consumption and emissions in accordance with Policy 29 of the Dundee Local Development Plan 2014.

- in the interest of adding to the visual and ecological amenity of the conservation area in accordance with Policies 7, 38 and 50 of the Dundee Local Development Plan 2014.

Depute Lord Provost Christina ROBERTS, Chairman.

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