Local Review Body - 21/11/2017

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 21st November, 2017.

Present:-

Councillor Will DAWSON

Councillor Ken LYNN

Councillor Margaret RICHARDSON

Councillor Will DAWSON 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 31ST OCTOBER, 2017

The minute of the above meeting was submitted and noted.

III LOCAL PLANNING REVIEW LRB11/17 - FARADAY BUSINESS CENTRE, 34 FARADAY STREET, DUNDEE

There was submitted Agenda Note AN98-2017, giving details of a request for a review of the refusal of planning permission for the proposed change of use to Class II for proposed gymnastics facility.

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 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 17-00502-FULL for the following reasons:-

The proposed leisure development (Class ll) is contrary to Policy 1 and Policy 4 of the Dundee Local Development Plan 2014 as the site is in an area designated as a Principal Economic Development Area where only uses within Class 4, 5, and 6 are supported. In addition, the proposed use is not ancillary in nature and would not support the function of existing businesses. There are no material considerations of a sufficient weight that would justify laying aside the provision of the Development Plan to grant planning permission.

The applicant has failed to demonstrate that the proposal for an out of centre Class ll use cannot be accommodated within alternative premises and there are no activity specific issues which would make the use of alternative sites impractical. The proposal fails to satisfy the requirements of Policy 5 of the Dundee Local Development Plan 2014. There are no material considerations of a sufficient weight that would justify laying aside the provision of the Development Plan to grant planning permission.

The proposed leisure development is contrary to Scottish Planning Policy (2014) and Policy 5 of Dundee Local Development Plan as it fails to satisfy the sequential approach for the location of leisure facilities. It would be located in an out of centre location and would introduce a leisure use into a designed Principal Economic Development Area. There are no material considerations of sufficient weight that would justify laying aside the provision of Scottish Planning Policy or the Local Development Plan to grant planning permission.

Will DAWSON, Convener.