Local Review Body - 19/04/2016

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 19th April, 2016.




Depute Lord Provost Christina ROBERTS

Councillor Gregor MURRAY

Councillor Mohammed ASIF (Item 3)

Councillor Tom FERGUSON (Item 4)


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.




There were no declarations of interest.




The minute of the above meeting was submitted and noted.




There was submitted Agenda Note AN33-2016, giving details of a request for a review of the refusal of planning permission for the erection of a dormer on the south and north elevation.


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:-


(i) 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 his decision. However, she had submitted five additional photographs which were not lodged with the original planning application. It was considered that these did not constitute additional information but were rather a visual representation of information already provided. In addition, email correspondence was sent by the applicant on 18th April, 2016. This included further photographs of extensions in the area. Although this information was submitted late, the existence of other dormer extensions in the area was a material consideration and for that reason in terms of Section 43(B)(2) of the Town and Country Planning (Scotland) Act 1997 should be taken into consideration. However, the Local Review Body members recognised that the photographs did not contain addresses or indicate how close they were to the proposed development.


The applicants email submitted on 18th April, 2016 also contained references to the family circumstances of the applicant which it was considered were not material considerations and should therefore not be taken into account.


The Local Review Body agreed with the view of the Legal Adviser, which was that the photographs submitted with the application for review should be taken into consideration and not 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. Members noted that the applicant had requested that the review be undertaken on the basis of the existing submissions and one or more hearing sessions.


The Local Review Body considered the documentation submitted and, after discussion, agreed to hold an accompanied site visit on Monday, 25th April, 2016 at 2.00 pm.




There was submitted Agenda Note AN30-2016, giving details of a request for a review of the refusal of planning permission for the erection of a house in garden ground.


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 reversed the decision of the Appointed Officer, allowed the review and granted planning permission, subject to the following conditions:-


Condition 1


Prior to the commencement of development, a scheme of landscaping shall be submitted to and approved by the Council, and it shall include indications of all existing trees and hedgerows on this land, and details of any to be retained, together with measures for their protection in the course of development in accordance with BS5837:2012. The tree protection measures shall be fully implemented, as approved, prior to the commencement of any works on the site. Full details of new/replacement planting and landscaping shall also be submitted to and approved by the planning authority prior to the commencement of the development. The approved landscaping plan shall be implemented in full in the first planting season following the first occupation of the house hereby approved. Any trees or shrubs removed, dying, being 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.




In the interests of protecting existing trees on the site and in the interests of visual amenity.


Condition 2


Prior to the commencement of development, a method statement for the installation of the SUDS system shall be submitted and approved in writing by the planning authority. The installation of the SUDS system shall thereafter be carried out in accordance with the approved method statement.




In the interests of protecting existing trees on the site.


Condition 3


Prior to the commencement of the development hereby approved, a Sustainability Statement demonstrating that the development will meet the requirements of Policy 29 of the Dundee Local Development Plan 2014 in relation to the use of low and zero carbon technologies shall be submitted for the approval of the Council, and, if approved, the works shall thereafter be completed in accordance with the approved Statement prior to the use of any part of the building.




In order to demonstrate that the new development will meet the required carbon emissions reduction standards in the interests of the minimising impact on the environment.




Historic land use at or in the vicinity of the application site raises some concern that made ground could be present, which could contain contaminated material. Vigilance should be maintained during groundworks and the Council shall be immediately notified in writing if any ground contamination is found during construction of the development, and thereafter a scheme to deal with the contamination shall be submitted to, and agreed in writing by, the Council Planning Authority. The scheme shall include a full timetable for the remediation measures proposed. Verification shall be provided by the applicant or his agent, on completion, that remediation has been undertaken in accordance with, and to the standard specified in, the agreed remediation scheme.





Christina ROBERTS

David BOWES, Conveners.