Local Review Body - 20/11/2018

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 20th November, 2018.

Present:-

Councillor Stewart HUNTER

Councillor Gregor MURRAY

Councillor Margaret RICHARDSON

Councillor Stewart HUNTER, in the Chair.

The Chair 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.

I DECLARATION OF INTEREST

There were no declarations of interest.

II LOCAL PLANNING REVIEW LRB8/2018 - CHANGE OF USE FROM CLASS 5 GENERAL INDUSTRIAL USETO CLASS 11 PROPOSED GYM AT UNIT 5/6, 20 KILSPINDIE ROAD, DUNDEE

There was submitted Agenda Note AN79-2018 giving details of a request for a review of the refusal of planning permission for the change of use from Class 5 general industrial use to Class 11 proposed gym.

Papers had been circulated and the Local Review Body had requested an accompanied site visit, which had taken place on 8th November, 2018. The Local Review Body had also requested that further information be provided by the applicant giving details of how the landlord had attempted to market the property for letting in the last three years (provided on 12th November, 2018).

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, reversed the decision of the Appointed Officer, allowed the Review, and granted planning permission 18-00432-FULL subject to the following conditions:-

Condition 1

Notwithstanding the terms of the Town and County Planning (Use Classes) (Scotland) Order 1997, the premises shall be restricted to a gym as detailed by the applicant (within their Supporting Statement dated 15th June, 2018). For the avoidance of doubt at no time shall the premises be used for any other purpose within Class 11 of the Town and Country Planning (Use Classes) (Scotland) Order 1997 or any subsequent amendment.

Reason

In order to ensure that the building is retained in an acceptable use without impact on the city or neighbouring properties.

Condition 2

Music shall be so controlled as to be inaudible within any adjacent premises.

Reason

To minimise disturbance caused by the development on existing businesses.

Stewart HUNTER, Chair.