Local Review Body - 28/03/2017
At a MEETING of the LOCAL REVIEW BODY held at Dundee on 28th March, 2017.
Present:-
Depute Lord Provost Christina ROBERTS
Councillor Gregor MURRAY
Councillor Tom FERGUSON (Items III, IV, VII, VIII)
Councillor Mohammed ASIF (Items V, 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 21ST FEBRUARY, 2017
The minute of the above meeting was submitted and noted.
III LOCAL PLANNING REVIEW - LRB3/17 - LAND TO EAST OF 3 GIBSON TERRACE, DUNDEE
There was submitted Agenda Note AN26-2017, giving details of a request for a review of the refusal of planning permission for the formation of two detached three bedroom houses to high environmental standards on site of former nursery garden.
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 had intimated in the Notice of Review that she had not raised any new matters which were not before the Appointed Officer at the time of reaching his decision. With the review application the applicant included a statement in which she referred to the different mix of house types in the area and enclosed photographs of a number of these. All of this information would have been known to the Appointed Officer at the time he reached his decision. The statement also contained sections on the planning history, the context of the proposal and comments on the reasons for refusal. It was therefore considered that all of the information in the statement could be taken into consideration by the Local Review Body.
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, to be held on 18th April, 2017.
The Local Review Body also requested that the applicant mark out the boundaries of the proposed houses and indicate where the ridge height of the proposed houses would be.
IV LOCAL PLANNING REVIEW - LRB6/17 - 61 CLEPINGTON ROAD, DUNDEE
There was submitted Agenda Note AN29-2017, giving details of a request for a review of the refusal of planning permission in principle for the formation of a dwellinghouse.
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 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 and that appeared to be the case.
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, to be held on 18th April, 2017.
The Local Review Body also requested that the applicant mark out the boundary of the proposed building, its garden and also the parking spaces.
V LOCAL PLANNING REVIEW - LRB5/17 - 3 HAYSTON TERRACE, DUNDEE
There was submitted Agenda Note AN28-2017, giving details of a request for a review of the refusal of planning permission for the proposed extension to the south elevation and dormer to the east elevation.
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 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 and that was the case. Additional photographs had been submitted of extensions in the local area but again these would have been clear to the Appointed Officer when making his original decision.
All of this information was, however, available to the Appointed Officer at the time he made his decision and was not therefore new information. Thereafter, it should be taken into consideration.
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, to be held on 18th April, 2017.
The Local Review Body also requested that the applicant mark out the boundary of the proposed extension.
VI LOCAL PLANNING REVIEW - LRB4/17 - 2 MUIRTON ROAD, DUNDEE
There was submitted Agenda Note AN27-2017, 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 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 and that appeared to be the case.
One point that was noted was that in the original application form submitted in December, 2016, reference was made to discussions between the Planning Adviser of the Local Review Body and the applicant. The Planning Adviser had confirmed that those were general discussions about the reasons for refusal of the previous application lodged in respect of the site and not the specific detail of the application.
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 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 16-01018-FULL, subject to the following conditions:-
Condition 1
The frames of the Muirton Road windows shall be painted in a plain white colour. The door shall be painted a plain black colour.
Reason
In order to match the appearance of all other properties in the tenement block. To maintain the appearance of the conservation area.
Condition 2
Prior to commencement of development details of the proposed whole house ventilation system shall be submitted to Dundee City Council for approval. Thereafter, the ventilation system shall be implemented in accordance with that approval.
Reason
To ensure that a sufficiently high standard of indoor air quality is achieved.
Condition 3
Prior to occupation of the residential unit hereby approved, demonstration of compliance with the internal noise level criteria set within Section 7 of BS8233:2014 shall be submitted to the Council for written approval. For the avoidance of doubt, the noise level criteria are 35dB LAeq (16 hours) for bedrooms and other habitable rooms for daytime periods (07:00 to 23:00 hours) and 30dB LAeq (8 hours) for bedrooms during night-time periods (23:00 to 07:00 hours).
For this location, it is acceptable for the internal noise level criteria to be achieved with windows closed. However, if relying on closed windows to meet the criteria, appropriate alternative ventilation, that does not compromise the facade insulation or the resulting noise level, will need to be provided. For demonstration of compliance with the internal noise level criteria, the alternative ventilation must be sufficiently open/operational to provide adequate ventilation.
Reason
To ensure an appropriate living environment is maintained.
VII LOCAL PLANNING REVIEW - LRB1/17 - 40 VICTORIA ROAD, BROUGHTY FERRY, DUNDEE
There was submitted Agenda Note AN24-2017, giving details of a request for a review of the refusal of planning permission for the formation of a new vehicular entrance.
Papers had been circulated and the Local Review Body had requested an accompanied site visit, which had taken place on 17th March, 2017.
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 16‑00529-FULL for the following reason:-
The proposed change of use would be of an unacceptable design standard and visual appearance which would diminish the architectural integrity and historic interest of the listed structure and fail to preserve or enhance the character of the West Ferry Conservation Area. The proposal is contrary to policies 7, 48 and 50 of the adopted Dundee Local Development Plan. There are no material considerations of sufficient weight that would justify the approval of planning permission contrary to the provisions of the Development Plan.
VIII LOCAL PLANNING REVIEW LRB2/17 4-6 WALTON STREET, DUNDEE
There was submitted Agenda Note AN25-2017, giving details of a request for a review of the refusal of planning permission for the change of use of part of a garage to a cafe.
The Planning Adviser gave a brief outline of the application and the reasons for refusal.
Papers had been circulated and the Local Review Body had requested an accompanied site visit, which had taken place on 17th March, 2017.
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. The Legal Adviser advised the Local Review Body that the photographs shown to them at the site visit should not be taken into account in determining the application.
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 16‑00630-FULL for the following reason:-
The proposed change of use would result in an unacceptable increase in the volume of traffic attending the proposed development site. It would also result in conflict between vehicle users of the commercial activity on and adjacent to the site, and pedestrian users of the proposed cafe and existing commercial uses all to the detriment of road traffic and pedestrian safety in the area.
The proposal is contrary to Policy 55 of the adopted Dundee Local Development Plan. There are no material considerations of sufficient weight that would justify the approval of planning permission contrary to the provisions of the Development Plan.
Christina ROBERTS, Convener.