Local Review Body - 25/04/2017

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 25th April, 2017.

Depute Lord Provost Christina ROBERTS

Councillor Gregor MURRAY

Councillor Tom FERGUSON (Items IV and VII)

Councillor Mohammed ASIF (Item III)

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 28TH MARCH, 2017

The minute of the above meeting was submitted and noted.

III LOCAL PLANNING REVIEW LRB5/17 3 HAYSTON TERRACE, DUNDEE

There was submitted Agenda Note AN36-2017, 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.

Papers had been circulated and the Local Review Body had requested an accompanied site visit, which had taken place on 18th April, 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 16‑00861-FULL for the following reason:-

The proposed side extension and rear dormer extension would adversely impact on neighbouring properties. The height and position of rear dormer windows overlook neighbouring garden ground and habitable rooms to the detriment of privacy and amenity. The proposal is therefore contrary to Policy 10 and the Householder Development Supplementary Guidance (2015) of the Dundee Local Development Plan (2014). There are no material considerations that would justify the approval of planning permission contrary to the provisions of the Development Plan.

IV LOCAL PLANNING REVIEW - LR3/17 - LAND TO EAST OF 3 GIBSON TERRACE, DUNDEE

There was submitted Agenda Note AN37-2017, giving details of a request for a review of the refusal of planning permission for the erection of two detached three bedroom houses to high environmental standards on site of the former nursery garden.

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 18th April, 2017.

1 The proposed development is contrary to Policy 7 'High Quality Design' Policy 9 'Design of New Housing', Policy 50 'Development in Conservation Areas' and Policy 55 'Accessibility of New Developments' of the adopted Dundee Local Development Plan, in that the proposal does not present a high quality design and would not retain the character of the conservation area, it is also unacceptable in terms of road safety. There are no material considerations of sufficient weight that would justify the approval of planning permission contrary to the provisions of the Development Plan.

2 The proposal also fails to adequately address Policy 29 'Low and Zero Carbon Technology in New Development', Policy 35 'Protected Species', Policy 38 'Trees and Urban Woodland', Policy 42 'Sustainable Drainage Systems' and Policy 45 'Land Contamination' 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.

V LOCAL PLANNING REVIEW - LRB6/17 - 61 CLEPINGTON ROAD, DUNDEE

There was submitted Agenda Note AN35-2017, 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.

Papers had been circulated and the Local Review Body had requested an accompanied site visit, which had taken place on 18th April, 2017.

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 Appointed Officers decision, upheld the review and approved planning permission, in principle, reference 16/00868/PPPL, subject to the following conditions:-

Condition 1

Before any works start on site a further application for the approval of matters required by condition shall be submitted for the written permission of this Planning Authority, together with the requisite detailed plans and drawings which shall include a location plan and detailed plans, sections and elevations of the proposed dwelling together with details of any proposed boundary enclosure, access, drainage and finishing materials to be used externally.

Condition 2

The design of the dwellinghouse and surrounding garden and parking area as required by Condition 1 shall comply with the following standards:

- The dwelling shall have a minimum of two bedrooms or a gross internal floor area of 100 sq m.

- The dwelling and existing dwelling shall each have at least two parking spaces provided within the curtilage of the property.

- The dwellings shall have a minimum of 120 sq m of private usable garden ground.

- A minimum of 18 metres between any directly facing windows of habitable rooms will be required.

- No window openings shall be permitted on the northern elevation.

- Details of proposed garden boundaries must be agreed prior to any works on site.

- Doors and windows on the new dwellinghouse must be of the same general style and colour as that which exists on the current house.

Condition 3

Any alteration to the hard surface within the curtilage should be made of porous materials or provision should be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the site.

Condition 4

Details of the proposal communal parking area showing adequate turning space must be agreed prior to any works on site.

Condition 5

Any proposed gates must be open into the driveway and not over the adequate public footway.

Condition 6

The applicant must provide a disposal route for road surface water to the satisfaction of Dundee City Council which discharges to a system publicly maintained/maintainable by the relevant authority.

Condition 7

Details of the proposed vehicle access including proposed road markings and amendments to the boundary wall must be agreed prior to any works on site and the access must be formed and constructed to Dundee City Council standards and specifications.

Condition 8

No clear glazed windows shall be formed in the north elevation of the building.

Reason 2

In order to ensure that the design and layout will provide high standards of residential amenity which will complement the high quality of the surrounding area.

Reason 3

To ensure that surface water from within the curtilage of the site does not drain to the adjacent adopted road.

Reason 4

In the interests of vehicle and pedestrian safety.

Reason 5

In the interests of vehicle and pedestrian safety.

Reason 6

To ensure an appropriate and publicly maintainable system is provided.

Reason 7

In the interests of vehicle and pedestrian safety.

Reason 8

In order to ensure an acceptable level of privacy for adjacent neighbours.

Informatives

A Vehicular Access (VA) application (found via the following link on DCC website: http://www.dundeecity.gov.uk/citydevelopment/vehicularaccess) must be submitted to Dundee City Council as Roads Authority for work on the adjacent public road or footway and consent for this must be obtained prior to the commencement of any work on the public road or footway.

Christina ROBERTS, Chair.

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