Local Review Body - 27/09/2016
At a MEETING of the LOCAL REVIEW BODY held at Dundee on 27th September, 2016.
Present:-
Depute Lord Provost Christina ROBERTS
Councillor Gregor MURRAY
Councillor Tom FERGUSON
Depute Lord Provost Christina ROBERTS, in the Chair.
The Convener 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 MINUTE OF MEETING OF LOCAL REVIEW BODY OF 16TH AUGUST, 2016
The minute of the above meeting was submitted and noted.
II REQUEST FOR REVIEW - LR7/16 - 4 DUNMORE GARDENS, DUNDEE
There was submitted Agenda Note AN79-2016, giving details of a request for a review of the refusal of planning permission for proposed alteration and extension of first floor.
The Planning Adviser gave a brief outline of the application and the reasons for refusal.
Thereafter, the Legal Adviser advised of the undernoted procedural/legal issues which required to be considered by the Local Review Body:-
The applicant intimated in the Notice of Review that no new matters had been raised which were not before the Appointed Officer at the time of reaching his decision.
In the Notice of Review, the applicant narrated his understanding of the history of the planning application all of which would be known to the Appointed Officer when determining the application. The applicant also identified other houses in the area which have extensions. Again, these would have been visible to the Appointed Officer when he visited the application site. There is therefore no additional information before the Local Review Body members and they should therefore have regard to all of the information contained in the review.
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 hold an accompanied site visit organised for 18thOctober, 2016.
III LOCAL PLANNING REVIEW - LRB6/16 - 57 BLACKSCROFT, DUNDEE
There was submitted Agenda Note AN78-2016, giving details of a request for a review of the refusal of planning permission for the change of use from offices to childrens nursery, including elevational alterations and boundary treatment.
The Planning Adviser gave a brief outline of the application and the reasons for the refusal.
Papers had been circulated and the Local Review Body had requested an accompanied site visit which had taken place on 20th September, 2016 at 10.00 am.
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 16‑00199-FULL for the following reasons:-
The proposed development is contrary to Policy 7 (High Quality Design), Policy 18 (Private Day Nurseries) Policy 44 (Air Quality), Policy 47 (Environmental Protection), and Policy 55 (Accessibility of New Developments) of the Dundee Local Development Plan in that the proposed nursery and outdoor play space does not provide an acceptable level of environmental quality; the parking arrangements adversely impact on road and pedestrian safety and are poorly related to the proposed usage of the building. There are no material considerations that justify approval of planning permission contrary to the provisions of the Development Plan.
The proposed development is contrary to Policy 7 (High Quality Design) Policy 18 (Private Day Nurseries) and Policy 55 (Accessibility of New Developments) of the Dundee Local Development Plan by being located in close proximity to another nursery; by virtue of the split level nature of the site and poor quality of the play area and parking provision. There are no material considerations that justify approval of planning permission contrary to the provisions of the Development Plan.
The proposed development is contrary to Policy 45 (Land Contamination) and Policy 40 (Waste Management Requirements for Development) as the proposal did not demonstrate that the land is clear of contaminants and fails to demonstrate waste management facilities to a level acceptable to the Council.
Christina ROBERTS, Convener.