Local Review Body - 22/04/2014

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 22nd April, 2014.

Present:-

Councillor Craig MELVILLE

Councillor Stewart HUNTER

Councillor Tom FERGUSON

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 DECLARATION OF INTEREST

There were no declarations of interest.

II MINUTE OF MEETING OF LOCAL REVIEW BODY OF 17TH DECEMBER, 2013

The minute of the above meeting was submitted and noted.

III REQUEST FOR REVIEW - LR1/14 - 34 TO 36 CLAYPOTTS ROAD, BROUGHTY FERRY, DUNDEE

There was submitted Agenda Note AN146-2014, giving details of a request for a review of the refusal of planning permission for change of use to Hot Food Takeaway.

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:-

The applicant had intimated in the Notice of Review that he had not raised any new matters in the review which were not before the Appointed Officer at the time of reaching his decision. However, the applicant had submitted a Notice of Review statement in which he responds to the reasons for the refusal of the application provided by the Appointed Officer particularly in relation to the issue of parking. The review statement also refers to a number of other takeaway facilities which operate in the city and which it is claimed are adjacent to residential properties. In addition, information was provided in respect of the location of the nearest fast food facilities to the proposed site.

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 is not to raise any matter which was not before the Appointed Officer at the time the determination reviewed was made unless that party can demonstrate either 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 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 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 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 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 Director of City Development in respect of pedestrian movement, traffic and parking on and in the vicinity of the existing commercial premises at 34 to 36 Claypotts Road:-

- Traffic - information regarding the quantities and speed of traffic using Claypotts Road (if available).

Traffic - are there any known issues with traffic/pedestrian safety or movement within this area?

- Parking - what scale of parking provision would normally be required for the construction of a hot food takeaway in this area?

- Parking - are there any known issues with the availability of parking in this general area?

The Local Review Body also agreed to hold an accompanied site visit on Tuesday, 6th May, 2014 at 2.00 pm.

Craig MELVILLE, Convener.