Local Review Body - 28/10/2014

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 28th October, 2014.

Present:-

Depute Lord Provost Christina ROBERTS

Councillor Stewart HUNTER

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 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 23RD SEPTEMBER, 2014

The minute of the above meeting was submitted and noted.

III LOCAL PLANNING REVIEW LR5/14 - 99 BROUGHTY FERRY ROAD, DUNDEE - CHANGE OF USE AND EXTENSION TO PREMISES TO FORMCHILDRENS NURSERY

There was submitted Agenda Note AN229-2014 giving details of a request for a review of the refusal of planning permission in respect of the above application.

Papers had been circulated, additional information had been requested, obtained and circulated, and the Local Review Body had requested an accompanied site visit, which had taken place.

The Local Review Body noted all of the above, and agreed in terms of this Local Review Procedure Regulations, to determine the review without further procedure on the basis of the information before them.

Thereafter, having considered all the information, the Local Review Body, having taken into account the provisions of the Department Plan, all material considerations, the accompanied site visit, and all matters raised at the review, upheld the Appointed Officers decision to refuse planning permission reference 14-00172-FULL for the following reasons:-

(a) the proposed development does not comply with Policy 1 (Principal Economic Development Areas) of the Dundee Local Development Plan 2014. The proposed development fails outwith the defined categories of acceptable uses in this Principal Economic Development Area and there are no material considerations which would support approval of the application contrary to the Plan.

(b) the proposed development is contrary to Policy 18 (Private Day Nurseries) of the Dundee Local Development Plan 2014. The proposed development fails to comply in respect of:-

(i) the proposed outdoor play space is not attractive;

(ii) the proposed parking is not of a sufficient quality or convenience to users of the nursery and raises safety concerns between pedestrians and manoeuvring vehicles;

(iii) the proposed parking provision is such that it is likely to result in cars being parked on Broughty Ferry Road to the detriment of traffic and pedestrian safety; and

(c) based on the advice offered by the Health and Safety Executive, it is considered that the risk of harm to people at the proposed development is sufficiently high to justify the refusal of consent on safety grounds due to the proximity of the site to the Nynas Refinery storage tanks.

There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the provisions of the Dundee Local Development Plan 2014.

IV LOCAL PLANNING REVIEW LR6/14 - 7 GUTHRIE STREET, DUNDEE - CHANGE OF USE OF PART OF GROUND FLOOR FROM CLUB TOCHILDRENS NURSERY, WITH ELEVATIONAL ALTERATIONS AND ASSOCIATED EXTERNAL PLAY

There was submitted Agenda Note AN230-2014 giving details of a request for a review of the refusal of planning permission in respect of the above application.

Papers had been circulated, additional information had been requested, obtained and circulated, and the Local Review Body had requested an accompanied site visit, which had taken place.

Thereafter, having considered all the information, the Local Review Body, having taken into account the provisions of the Department Plan, all material considerations, the accompanied site visit, and all matters raised at the Review, upheld the Appointed Officers decision to refuse planning permission reference 14/00176/FULL for the following reasons:-

(a) the proposed development does not comply with Policy 3 (General Economic Development Areas) of the Dundee Local Development Plan 2014. The proposed development fails outwith the defined categories of acceptable uses in this General Economic Development Area and there are no material considerations which would support approval of the application contrary to the Plan; and

(b) the proposed development is contrary to Policy 18 (Private Day Nurseries) of the Dundee Local Development Plan 2014 as the proposed outdoor play area is not attractive, usable or safe and there is another private nursery within 250 metres. There are no material considerations of sufficient strength to justify the granting of planning permission contrary to the provisions of the Dundee Local Development Plan 2014.

V LOCAL PLANNING REVIEW LR7/14 - 181-183 PERTH ROAD, DUNDEE - CHANGE OF USE TO HOT FOOD TAKEAWAY WITH RESTAURANTFACILITIES

There was submitted Agenda Note AN231-2014 giving details of a request for a review of the refusal of planning permission in respect of the above application.

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, in the grounds of appeal statement which accompanied the Notice of Review, the applicants agent provided more information with respect to the planning history of the proposed site and previous planning applications for hot food takeaways on the Perth Road. The appeal statement also contained photographs of the inside of the proposed development site which did not appear to have been submitted with the original application. In addition, a letter of support from the resident of the flat above the proposed site had also been submitted with the review.

The supporting statement also made reference to Affidavits from operators of the previous restaurant/takeaway at the proposed development site. These were not included when the appeal was lodged but were submitted on 26th September, 2014.

In terms of Section 43B(1) of the 1997 Act 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 is required, in reaching its decision, to have regard to the provisions of the Development Plan and any other material considerations.

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 as they contained material considerations 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 the request for an accompanied site visit.

VI DATE OF NEXT MEETING

18th November, 2014 at 2.00 pm.

Depute Lord Provost Christina ROBERTS, Convener.

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