Local Review Body - 06/10/2015

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 6th October, 2015.

Present:-

Depute Lord Provost Christina ROBERTS

Councillor David BOWES

Councillor Mohamed ASIF (for Items I to III)

Councillor Tom FERGUSON (for Items IV to VI)

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 18TH AUGUST, 2015

The minute of the above meeting was submitted and noted.

III REQUEST FOR REVIEW LR6/15 - LAND TO THE SOUTH OF PITALPIN HOUSE, PITALPIN STREET, DUNDEE

There was submitted Agenda Note AN184-2015, giving details of a request for a review of the refusal of planning permission for the erection of 16 houses and associated works at the above site.

The Planning Adviser gave a brief outline of the application and the reasons for the refusal.

Thereafter, the Legal Adviser advised that the applicants agent had intimated in the Notice of Review that he had not raised any new matters which were not before the Appointed Officer at the time of reaching his decision. However, reference was made in the Statement of Review to an appeal to the DPEA in respect of a planning application to develop 33 houses on the site in 2007. The appeal was dismissed but the applicant cited the Reporters comments regarding the potential use of the area for residential purposes. In addition, in responding to the reasons for refusal of the application by the Appointed Officer, the applicants agent included three further drawings indicating what were referred to as minor amendments to the original application which were intended to address issues raised by the Appointed Officer. The applicants agent also included a list of potential conditions which could be attached to any grant of planning permission to address those issues in respect of which further information was sought by the Appointed Officer but not provided by the applicant.

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 person at the time the determination reviewed was made unless that party can 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 is 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. Therefore, if the Local Review Body considers that the new information contains material considerations it is required to take these into account. If not and neither of the criteria in terms of sub-section (1) is met, the new information should not be considered.

The Local Review Body agreed with the view of the Legal Adviser that the comments made by the applicant should be taken into consideration when determining the application.

The Local Review Body then considered the documentation submitted and, after discussion, agreed to request an accompanied site visit.

It also requested from the applicant the undernoted additional information:-

(a) LOW AND ZERO CARBON TECHNOLOGY IN NEW DEVELOPMENT

The applicant was asked to advise the Local Review Body of their intentions as regards the inclusion of Low and Zero Carbon technology as required by Policy 29 of the Dundee Local Development Plan; and

(b) FLOOD RISK AND SUSTAINABLE URBAN DRAINAGE

The applicant was asked to advise the Local Review Body of what consideration or studies have been undertaken with regard to potential flood risk affecting the proposed development site and on what basis it was decided that the proposed SUDs basin is of an appropriate scale and location for the proposals.

IV REQUEST FOR REVIEW - LR4/15 - LAND AT 3 BALMYLE ROAD, BROUGHTY FERRY, DUNDEE

There was submitted Agenda Note AN185-2015, giving details of a request for a review of the refusal of the erection of a house in garden ground at the above site.

Papers had been 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 the Local Review Procedure Regulations to determine the review without further procedure on the basis of the information before it.

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, upheld the Appointed Officers decision to refuse planning permission reference 14-00855-FULL for the following reasons:-

(a) The proposal fails to comply with Policy 7 of the Dundee Local Development Plan 2014 due to the inappropriate design and positioning of the house. There are no material considerations that would justify a departure to the provisions of the Development Plan;

(b) The proposed house is out of character with the surrounding area due to inappropriate scale and design which neither respects nor enhances the setting of adjoining properties. The proposal is therefore contrary to Policy 9 of the Dundee Local Development Plan 2014. There are no material considerations that would justify a departure to the provisions of the Development Plan;

(c) The proposal fails to comply with Policy 12 of the Dundee Local Development Plan 2014, by virtue of failing to adhere to the following development in garden ground criteria: having insufficient design quality; being sited in front of the main elevation of the donor house; failing to maintain the prevailing density of the surrounding area; failing to maintain an acceptable level of usable private garden ground for the existing house; insufficient off-street car parking being provided at the donor house, and failure to comply with all policies of the plan. There are no material considerations that would justify a departure to the provisions of the Development Plan;

(d) The proposal fails to comply with Policy 29 of the Dundee Local Development Plan 2014, due to the lack of zero-carbon generating technologies within the proposed development, and

(e) The proposal would fail to preserve or enhance the character and appearance of the West Ferry Conservation Area due to the overdevelopment of the site and failure to maintain the prevailing density of the surrounding area. The proposal is therefore contrary to Policy 50 of the Dundee Local Development Plan 2014. There are no material considerations that would justify a departure to the provisions of the Development Plan.

V REQUEST FOR REVIEW - LR5/15 - LAND AT FORTHILL ROAD, BROUGHTY FERRY, DUNDEE

There was submitted Agenda Note AN186-2015, giving details of a request for a review of the refusal for the erection of a telecommunication pole and ancillary equipment.

Papers had been circulated and the Local Review Body had requested an unaccompanied site visit, which had taken place.

Thereafter, having considered all the information, the Local Review Body, having taken into account the provisions of the Development Plan, all material considerations, the unaccompanied site visit and all matters raised at the review, upheld the Appointed Officers decision to refuse planning permission reference 15-00118-FULL for the following reasons:-

(a) The proposed development is contrary to Policy 53 of the Dundee Local Development Plan 2014 as the proposal would result in a significant negative visual impact on the surrounding area due to the cumulative effect of the existing street furniture, the scale and massing of the mast and associated cabinets and their close proximity to an open area of parkland. The site search had failed to identify an acceptable solution in amenity terms to the provision of mobile coverage to the area. There are no material considerations that would justify laying aside the provision of the Development Plan; and

(b) The proposed development is contrary to Policy 54 of the Dundee Local Development Plan 2014 as the proposal fails to make adequate provision for the passage of pedestrians and would reduce pedestrian footway provision at a busy location adjacent to a school and on a designated safer route to school. There are no material considerations that would justify laying aside the provision of the Development Plan.

VI DATE OF NEXT MEETING

Tuesday, 27th October, 2015 at 2.00 pm.

Depute Lord Provost Christina ROBERTS, Chairperson.

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