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Local Review Body - 31/10/2017

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 31st October, 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 26TH SEPTEMBER, 2017

 

The minute of the above meeting was submitted and noted.

 

III LOCAL PLANNING REVIEW LRB8/2017 - PLANNING APPLICATION 17‑00331‑FULL - TEMPORARY CHANGE OF USE FROMHOUSE TO OFFICE - TORWOOD, CLARENDON DRIVE, DUNDEE

 

There was submitted Agenda Note AN80-2017, 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.

 

Papers had been circulated and the Local Review Body had requested an accompanied site visit, which had taken place on 26th October, 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 Officer's decision to refuse planning permission 17‑00331-FULL for the following reasons:-

 

The proposed development is contrary to Policy 16 Small Scale Commercial Uses within Residential Areas of the adopted Dundee Local Development Plan. The proposal would have a detrimental impact on the environmental quality enjoyed by local residents by virtue of parking, traffic movement and noise. There are no material considerations of sufficient weight that would justify a departure from the provisions of the Local Development Plan.

 

IV LOCAL PLANNING REVIEW LRB9-2017 - PLANNING APPLICATION 17‑00171‑FULL - SUB-DIVISION OF GROUND FLOORTO CREATE 2 NO ADDITIONAL DWELLINGS (3 IN TOTAL) AND REPLACEMENTS OF EXTENSION -

 

There was submitted Agenda Note AN81-2017, 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.

 

Papers had been circulated and the Local Review Body had requested an accompanied site visit, which had taken place on 26th October, 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 Officer's decision to refuse planning permission 17‑00171-FULL for the following reasons:-

 

The proposed development would not be of a high quality design which would preserve the distinct character and identity of the listed building within the Lochee Conservation Area. The proposal would not contribute to a safely accessible development. The proposal is therefore contrary to the terms of Policies 7, 9 11, 48 and 50 of the Adopted Dundee Local Development Plan (2014). There are no material considerations that would justify a departure from the provisions of the Local Development Plan.

 

The proposed formation of flats and modern extension would have a negative impact on the architectural and historic character of the listed building and Lochee Conservation Area by virtue of design and layout. The proposal therefore fails to comply with Policies 48 and 50 of the Adopted Dundee Local Development Plan (2014), and national planning guidance. The development would not therefore comply with the statutory requirements set out in the Planning (Listed Building and Conservation Areas) Act 1997. There are no material considerations that would justify setting aside the provisions of the Development Plan.

 

V LOCAL PLANNING REVIEW LRB10-2017 - PLANNING APPLICATION 17‑00170‑FULL - ERECTION OF A DETACHEDDWELLINGHOUSE - GARDEN GROUND TO WEST OF 3 COUPAR ANGUS ROAD, DUNDEE

 

There was submitted Agenda Note AN82-2017, 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.

 

Papers had been circulated and the Local Review Body had requested an accompanied site visit, which had taken place on 26th October, 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 Officer's decision to refuse planning permission 17‑00170‑FULL for the following reasons:-

 

The proposed development would fail to complement the surrounding area in terms of appearance, scale and massing, it would not be sensitively integrated to create a high quality design and layout. The proposal is therefore contrary to the terms of Policies 7 and 9 of the Adopted Dundee Local Development Plan (2014). There are no material considerations that would justify a departure to the provisions of the Local Development Plan.

 

The proposed dwellinghouse would be positioned in front of the principal elevation of the existing manse and fails to complement the surrounding area in terms of appearance, scale and massing. It is therefore contrary to the requirements of Policy 12 of the Adopted Dundee Local Development Plan (2014). There are no material considerations that would justify a departure to the provisions of the Local Development Plan.

 

The proposed dwellinghouse would have a negative impact on the character of the Lochee Conservation Area by virtue of design and layout. The proposal therefore fails to comply with Policy 50 of the Adopted Dundee Local Development Plan (2014), and national planning guidance. The development would not therefore comply with the statutory requirements set out in the Planning (Listed Building and Conservation Areas) Act 1997. There are no material considerations that would justify a departure to the provisions of the Local Development Plan.

 

An arboricultural impact assessment and contamination land risk assessment are required to ensure that the development site would be suitable for the proposed use. Information has not been submitted and the proposal is therefore contrary to the terms of Policies 38 and 45 of the Adopted Dundee Local Development Plan (2014). There are no material considerations that would justify a departure to the provisions of the Local Development Plan.

 

 

 

 

Will DAWSON, Convener.