Local Review Body - 25/10/2016
At a MEETING of the LOCAL REVIEW BODY held at Dundee on 25th October, 2016.
Present:-
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.
I DECLARATION OF INTEREST
There were no declarations of interest.
II MINUTE OF MEETING OF LOCAL REVIEW BODY OF 27TH SEPTEMBER, 2016
The minute of the above meeting was submitted and noted.
III LOCAL PLANNING REVIEW - LRB8/16 - 2 MUIRTON ROAD, DUNDEE
There was submitted Agenda Note AN83-2016, giving details of a request for a review of the refusal of planning permission for the change of use from a shop to flat.
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 which were not before the Appointed Officer at the time of reaching his decision. However, in the review the applicant stated that, had he been aware of the air pollution concerns raised by the Appointed Officer, these would have been addressed by the inclusion of a house ventilation system for the flat which would have acted as a mitigation measure. He indicated that he would be happy for this to be dealt with by way of condition. Although this information was submitted late, it is relevant to Policy 40 of the Dundee Local Development Plan and should be taken into consideration.
The Local Review Body agreed with the view of the Legal Adviser, which was that the inclusion of a ventilation system for the flat 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, 7th November, 2016 at 1.30 pm.
IV REQUEST FOR REVIEW - LR7/16 - 4 DUNMORE GARDENS, DUNDEE
There was submitted Agenda Note AN81-2016, giving details of a request for a review of the refusal of planning permission for proposed alterations and extension of first floor.
Papers had been circulated and the Local Review Body had requested an accompanied site visit, which had taken place on 18th October, 2016.
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 decision of the Appointed Officer to refuse planning permission 16-00340-FULL for the following reason:-
The proposed extension will increase the scale, height and massing of the dwelling and increase the impact on the existing parking area. Therefore the extension will adversely impact on the appearance and character of the existing dwelling and surrounding area. The proposal is contrary to Policies 7 and 10 and the Householder Development Supplementary Guidance (2015) of the Dundee Local Development Plan (2014). There are no material considerations that justify approval of planning permission contrary to the provisions of the Development Plan.
Christina ROBERTS, Convener.