Home / Committee Minutes / Your Council / Minutes, Meetings and Reports / Committee Minutes / Local Review Body - 26/09/2017

Local Review Body - 26/09/2017

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 26th September, 2017.

 

Present:-

 

Councillor Will DAWSON

Councillor Stewart HUNTER

Councillor Margaret RICHARDSON

 

Councillor Will DAWSON, Convener, 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 JUNE, 2017

 

The minute of the above meeting was submitted and noted.

 

III LOCAL PLANNING REVIEW LRB8-2017 - PLANNING APPLICATION - TEMPORARY CHANGE OF USE FROM HOUSE TO OFFICE -TORWOOD, CLARENDONDRIVE, DUNDEE

 

There was submitted Agenda Note AN69-2017, giving details of a request for a review of the refusal of planning permission for the temporary change of use from house to office address.

 

The Planning Adviser gave a brief outline of the application and the reasons for the refusal.

 

Thereafter, the Legal Adviser advised that the applicants 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.

 

It was accepted that this was the case.

 

The Local Review Body then considered the documentation submitted and, after discussion, agreed to request an accompanied site visit. (Subsequently arranged for 26th October, 2017).

 

IV LOCAL PLANNING REVIEW LRB9-2017 - PLANNING APPLICATION - SUB-DIVISION OF GROUND FLOOR TO CREATE 2N0 ADDITIONAL DWELLINGS(3 No in TOTAL) AND REPLACEMENTS OF EXTENSION - FLAT 1, 3 COUPAR ANGUS ROAD,

 

There was submitted Agenda Note AN70-2017, giving details of a request for a review of the refusal of planning permission for sub-division of ground floor to create two additional dwellings 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 had intimated in the Notice of Review that he had raised new matters which were not before the Appointed Officer at the time of reaching her decision. These related to the provision of three off street parking places replacing two for the ground floor and two for upper floors.

 

In terms of Section 43B(1) of the Town and Country Planning (Scotland) Act 1997 as amended, in a review, a party to the proceedings is not to raise any matter which was not before the appointed person at the time the determination reviewed was made unless that party can demonstrate:-

(a) that the matter could not have been raised before that time, or

 

(b) that it is not being raised before that time was a consequence of exceptional circumstances.

 

This notwithstanding the Local Review Body is, required in reaching its decision, to have regard to the provisions of the Development Plan and any other material considerations.

 

It is advised that the issue of parking is a material consideration and therefore should be taken into account by the Local Review Body when determining this application.

 

The Local Review Body then considered the documentation submitted and, after discussion, agreed to request an accompanied site visit. The Local Review Body further requested that all boundaries of the proposed dwellings be marked out. (Subsequently arranged for 26th October, 2017).

 

V LOCAL PLANNING REVIEW LRB10-2017 PLANNING APPLICATION -ERECTION OF A DETACHED DWELLINGHOUSE GARDEN GROUND TOWEST OF 3 COUPAR ANGUS ROAD, DUNDEE

 

There was submitted Agenda Note AN71-2017, giving details of a request for a review of the refusal of planning permission for the erection of a house and 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 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. It was accepted that this is the case and therefore there were no procedural legal issues which require to be considered at this time.

 

The Local Review Body then considered the documentation submitted and, after discussion, agreed to request an accompanied site visit.

 

The Local Review Body requested that the boundaries of the proposed house be marked out and that a sample of materials to be used be provided. (Subsequently arranged for 26th October, 2017.)

 

VI LOCAL PLANNING REVIEW LRB11-2017 PLANNING APPLICATION ALTERATION TO BOUNDARY WALL AT 9 SHEPHERD'S LOAN, DUNDEE

 

There was submitted Agenda Note AN72-2017, giving details of a request for a review of the refusal of planning permission for the alteration to boundary wall at the above address.

 

The Planning Adviser gave a brief outline of the application and the reasons for refusal.

 

Thereafter, the Legal Adviser advised that the applicant had intimated in the Notice of Review that he has raised new matters which were not before the Appointed Officer at the time of reaching his decision. This relates to a letter sent to a number of parties, including Dundee City Councils City Development and Neighbourhood Services Departments. The letter was dated 15th July, 2017 and the Report of Handling was dated 10th August, 2017 so it appears that the Appointed Officer was aware of the letter at the time of making her decision. The letter, in so far as it contained information relevant to the planning application, should be taken into account by the Local Review Body in reaching its decision.

 

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, and all matters raised at the review, upheld the Appointed Officer's decision to refuse planning permission 17-00452-FULL for the following reasons:-

 

1. The proposed alteration to the boundary wall to widen the vehicular access fails to comply with Policy 10 (Householder Development) of the Dundee Local Development Plan (2014) and the Householder Supplementary Guidance (2015) due to the detrimental impact on the character of the street and the surrounding area as a consequence of the size of the proposed breach.

 

2. The proposal fails to comply with Policy 50 (Development in Conservation Areas) of the Dundee Local Development Plan (2014) and the Dundee City Councils Policy and Guidance for Dundees Listed Buildings and Conservation Areas, Breaches in Boundary Walls (2010) and West End Lanes Conservation Area Appraisal due to the large size of the proposed breach and the detrimental impact of this breach on the character of the West End Lanes Conservation Area. These factors result in a poor quality of development which does not preserve or enhance the conservation area.

 

 

 

 

Will DAWSON, Convener.