Local Review Body - 21/05/2019

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 21st May, 2019.

Present:-

Councillor Will DAWSON

Councillor Margaret RICHARDSON

Councillor Roisin SMITH

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 26TH MARCH, 2019

The minute of the above meeting was submitted and noted.

III LOCAL PLANNING REVIEW - LRB2/19 - VERDLEA, FINTRY PLACE, BROUGHTY FERRY, DUNDEE

There was submitted Agenda Note AN34-2019, giving details of a request for a review of the refusal of planning permission for the erection of a dwellinghouse in garden ground parking at Verdlea, Fintry Place, Broughty Ferry, Dundee.

The Planning Adviser gave a brief outline of the application and the reasons for refusal.

Thereafter, the Legal Adviser advised that the applicant had intimated in the Notice of Review that he had not raised any new matters which were not before the Appointed Officer at the time of reaching his decision. The supporting statement which was submitted with the review contained more detail than that which was provided with the original planning application but did not contain any new information that was not before the Appointed Officer.

However, in terms of Section 43B(2) of the Town and Country Planning (Scotland) Act 1997 as amended, the Local Review Body is required, in reaching its decision, to have regard to the provisions of the Development Plan and any other material considerations. Insofar as the supporting statement contained material considerations, these would therefore be taken into account.

There were three issues which the Local Review Body considered to be relevant. The first of these was that the application was submitted prior to the adoption of the Dundee Local Development Plan 2019. That Plan was adopted prior to the determination of the application, however, and it was the 2019 Plan which was the relevant Plan in terms of the review.

Secondly, the applicant had commented on the handling of the original application by the Appointed Officer. The Local Review Body considered that this was not a matter to be taken into account as each review would be determined of new.

Thirdly, in the course of the supporting review statement, it was noted that the applicant referred to this as an application for outline planning permission. This was not the case as the application was for full planning permission.

The Local Review Body then considered whether it felt that it had sufficient information before it to determine the review at that time, or whether it required any further information.

The Local Review Body considered the documentation submitted and, after discussion, agreed to hold an accompanied site visit, to be held on 11th June, 2019.

The Local Review Body further agreed that the applicant be asked to stake out the dimensions of the proposed house on the site, to include an indication of the height of the proposed property, that on‑site parking provision be clearly outlined at the site, that prior to the site and visit a land contamination report be provided for Local Review Body members.

Will DAWSON, Chair.