Local Review Body - 16/02/2016
At a MEETING of the LOCAL REVIEW BODY held at Dundee on 16th February, 2016.
Present:-
Depute Lord Provost Christina ROBERTS (during consideration of items I to III only)
Councillor Gregor MURRAY
Councillor Tom FERGUSON
Councillor David BOWES (during consideration of items IV and V only)
Depute Lord Provost Christina ROBERTS, in the Chair during consideration of items I to III, Councillor David Bowes during consideration of items IV and V.
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 19TH JANUARY, 2016
The minute of the above meeting was submitted and noted.
III REQUEST FOR REVIEW - LR1/16 - 26 COLLINGWOOD STREET, BROUGHTY FERRY, DUNDEE
There was submitted Agenda Note AN12-2016, giving details of a request for a review of the refusal of planning permission for the erection of a house at garden ground at the above address.
The Planning Adviser gave a brief outline of the application and the reasons for the refusal.
Thereafter, the Legal Adviser advised that the applicant's 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 the Council's Strategic Plans and, in particular, to the increase in the range of house types, sizes and tenures within Broughty Ferry and Barnhill. The applicant pointed to the need for housing such as the proposed development in the area. This was not previously discussed by either the applicant or the Appointed Officer. In so far as this is a material consideration, Section 43B(2) of the 1997 Act, required that it should be taken into consideration by the Local Review Body members when determining the application.
The Local Review Body agreed with the view of the Legal Adviser that this be taken into consideration.
The Local Review Body then considered the documentation submitted and, after discussion, agreed to request an accompanied site visit. They requested that the Council's Forestry Officer be requested to attend this site visit.
The Local Review Body also requested that the boundaries of the proposed house be marked out and an indication of the ridge height thereof be identified. They also asked that the boundaries of the extension/conservatory to 26 Collingwood Street already granted permission be similarly marked out.
IV REQUEST FOR REVIEW - LR2/16 - AUTOECOSSE, KINGSWAY EAST, DUNDEE
There was submitted Agenda Note AN13-2016, giving details of a request for a review of the refusal of planning permission for the change of use from road verge to form area for display of car sales.
The Planning Adviser gave a brief outline of the application and the reasons for the refusal.
Thereafter, the Legal Adviser advised that the applicant 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 her decision. However, he had made reference to the site occupied by Struans at Powrie Brae which was not identified in the original application. It was considered that this did not constitute additional information but rather was a further example of businesses which display their cars alongside major roads in the city. It should therefore be taken into account.
The Local Review Body agreed with the view of the Legal Adviser that it be taken into consideration.
The Local Review Body members also noted that this application falls within the terms of the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009, because Transport Scotland had advised against the granting of planning permission. In these circumstances, a Planning Authority must not grant planning permission for development before the expiry of a period of 28 days beginning with the date notified to them by the Scottish Ministers as the date of receipt by the Scottish Ministers of the information required by them.
The Local Review Body then considered the documentation submitted and, after discussion, agreed to request an unaccompanied site visit.
V DATE OF NEXT MEETING
Tuesday, 15th March, 2016 at 2pm.
Christina ROBERTS
David BOWES, Conveners.