Local Review Body - 27/03/2018

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 27th March, 2018.




Councillor Will DAWSON

Councillor Stewart HUNTER

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.




There were no declarations of interest.




The minute of the above meeting was submitted and noted.




There was submitted Agenda Note AN15-2018, giving details of a request for a review of the refusal of planning permission for the proposed change of use from offices to a dessert cafe/parlour.


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 introduced any new material which was not before the Appointed Officer at the time of reaching his decision. However, a drawing dated January, 2018 (after the issue of the Decision Notice) had been submitted with the review papers. The drawing appeared to indicate that there would be less seating available within the premises. The application was for a change of use and therefore the internal layout of the premises was not of particular significance to the application.


As the Local Review Body were aware the application was in respect of the discharge of Condition 4 of the consent granted ie restricting the opening hours of the premises from 7am to 7pm Monday to Sunday. In terms of Section 43A sub-section 8(b) of the 1997 Act where the Appointed Officer granted an application for planning permission subject to conditions, the applicant may require the planning authority to review the case. This in effect meant that although the applicant had only sought a review in respect of Condition 4, the Local Review Body could look at the whole consent again. The Local Review Body could attach any other conditions it considered apt or could even reverse the decision of the Appointed Officer and refuse the application for permission completely, thereby withdrawing the consent already granted.


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, dismissed the review and upheld the Appointed Officers decision to allow planning Permission 17-00923-FULL subject to the conditions detailed below:-


01. The total noise from the mechanical and electrical plant/services shall not exceed NR45, during daytime, and shall not exceed NR35 during night-time, as measured 1 metre external to the facade of adjacent residential property. Furthermore, it shall not exceed NR25 within any adjoining residential property.


NR45 is applicable for the period 07:00 to 23:00 hours and NR35 and NR25 are applicable for 23:00 to 07:00 hours.


02. No cooking shall be carried out on the premises with the exception of the preparation and reheating of hot desserts using a waffle maker, crepe pan, blenders and an oven, unless otherwise agreed in writing with Dundee City Council as Planning Authority. For the avoidance of doubt, the cooking and reheating equipment in use/installed will not comprise of griddles, frying pans, hot plate or deep fat fryers.


03. The development hereby approved shall operate only as a dessert cafe and ancillary takeaway as outlined in the Design Statement by P Inglis (December, 2017) hereby approved within Class 3 of the Town and Country Planning (Use Classes) (Scotland) Order 1997 as amended, and for no other Class 3 use.


04. The hours of operation of the cafe will be Monday to Sunday from 7am to 7pm.




01. In order to mitigate harmful noise impacts and in the interest of safeguarding the amenity of the surrounding area.


02. In the interests of reducing significantly harmful odour impacts from food and cooking on site and in the interest of safeguarding the amenity of neighbouring residential properties.


03. In order that the planning authority may retain effective control of the site in the interests of residential amenity.


04. To protect the amenity of the surrounding area.





Will DAWSON, Convener.