Local Review Body - 18/06/2019

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 18th June, 2019.

Present:-

Councillor Will DAWSON (Items I, II & IV)

Councillor Margaret RICHARDSON (Items I, II, III & IV)

Councillor Alan ROSS (Items III & V)

Councillor Roisin SMITH (Items I, II, III, IV & V)

Councillor Charlie MALONE (Item V)

Councillor Will DAWSON, Convener, in the Chair for Items I, II and IV

Councillor Margaret RICHARDSON, in the Chair for Item III

Councillor Roisin SMITH, in the Chair for Item V

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 only.

I DECLARATION OF INTEREST

There were no declarations of interest.

II MINUTE OF MEETING OF LOCAL REVIEW BODY OF 21ST MAY, 2019

The minute of the above meeting was submitted and noted.

III LOCAL PLANNING REVIEW - LRB1/19 - 182 LONG LANE, BROUGHTY FERRY, DUNDEE

There was submitted Agenda Note AN47-2019 giving details of a request for a review of the refusal of planning permission for the erection of a single house with associated garden parking and off-street parking at 182 Long Lane, Broughty Ferry, Dundee.

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

Papers had been circulated and the Local Review Body had requested an accompanied site visit, which had taken place on 11th June, 2019.

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 Officer's decision to refuse planning permission 18‑00800-FULL for the following reason:-

1. The scale, massing and design of the proposed house is of a poor quality, not in keeping with the established character of development and incongruous to the existing New Road streetscape and surrounding Broughty Ferry Conservation Area. The proposal fails to preserve the appearance and character of the Broughty Ferry Conservation Area and is therefore contrary to the provisions of Policy 1, Policy 10, Policy 13, Policy 35 and Policy 51 of the Dundee Local Development Plan 2019.

There are no material considerations that would justify laying aside the provisions of the Local Development Plan to grant planning permission.

2. By virtue of the location, scale, design and massing of the proposed house views of the original house at 182 Long Lane will be obscured and overshadowed, adversely impacting on the principal southern outlook of this property to the detriment of its amenity as well as the appearance of the New Road streetscape. Therefore, the proposed house will adversely impact on the amenity of the original house and the character of the Broughty Ferry Conservation Area. The proposal is contrary to Policy 13 and Policy 51 of the Proposed Local Development Plan 2019. There are no other material considerations that would justify laying aside the provisions of the Local Development Plan to grant planning permission.

IV LOCAL PLANNING REVIEW - LRB2/2019 - PROPOSED ERECTION OF DWELLINGHOUSE IN GARDEN - VERDLEA, FINTRY PLACE, BROUGHTYFERRY, DUNDEE

There was submitted Agenda Note AN48-2019 giving details of a request for a review of the refusal of planning permission for the erection of a dwellinghouse in garden ground.

Papers had been circulated and the Local Review Body had requested an accompanied site visit, which had taken place on 11th June, 2019.

1. The proposal is contrary to the requirements of Policy 1 (High Quality Design and Placemaking) of the Adopted Dundee Local Development Plan (2019) as the proposed dwelling would be detrimental to the character and setting of the existing dwellinghouse and would not complement its surroundings in terms of form and siting. There are no material considerations of sufficient weight that would justify approval of the application.

2. The proposal is contrary to the requirements of Policy 10 and Appendix 4 (Design of New Housing) of the Adopted Dundee Local Development Plan (2019) as the proposed dwelling would have an adverse impact on the character and amenity of the surrounding area and would fail to provide sufficient private useable garden ground. There are no material considerations of sufficient weight that would justify approval of the application.

3. The proposal is contrary to criteria 1, 2, 3 and 6 of Policy 13 (Development of Garden Ground for New Housing) of the Adopted Dundee Local Development Plan (2019). The proposed house would be located in front of the principal elevation of the existing house, would not reflect the size or form of garden ground at the existing dwelling, would not maintain the character or form of development in the surrounding area, would afford overlooking of neighbouring garden ground to the detriment of privacy and is not consistent with all other policies of the Plan. There are no material considerations of sufficient weight that would justify approval of the application.

V LOCAL PLANNING REVIEW - LRB4/2019 - PROPOSED ERECTION OF A CLASS 1/CLASS 3 DRIVE THRU COFFEE SHOP (167sq m)WITH CAR PARKING, DRIVE THRU LANE, HARD AND SOFT LANDSCAPING, REFUSE AREA AND

There was submitted Agenda Note AN50-2019 giving details of a request for a review of the refusal of planning permission for the erection of a Class 1/Class 3 drive thru coffee shop with car parking, drive thru lane, hard and soft landscaping, refuse area and associated works.

The Legal Adviser advised that the applicant had intimated in the Notice of Review that he had raised 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 a consideration of Policy 21 of the Dundee Local Development Plan 2019 and also provided a detailed response to issues regarding the sequential test, the need for the development and its potential impact, which were all raised by the Appointed Officer in the Report of Handling.

In terms of Section 43B(2) of the Town and Country Planning (Scotland) 1997 Act as amended, the Local Review Body was required, in reaching its decision, to have regard to the provisions of the Development Plan and any other material considerations. The issues raised by the applicant in the supporting statement were matters of policy in the Dundee Local Development Plan and therefore would be taken into account.

Furthermore, the application was submitted before the adoption of the Dundee Local Development Plan 2019. The Plan was adopted prior to the determination of the application, therefore, it was the 2019 Plan which was the relevant Plan in terms of the review.

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 that the applicant provide the undernoted information:-

The area of search and likely catchment of the proposed Class 1/Class 3 Drive Thru' Coffee Shop should include the commercial centre at Kingsway East, Dundee and that the applicant provide justification for the exclusion of Kingsway East from their area of search,

The applicant provide an assessment of the potential impact of the proposal on the Kingsway East commercial centre and also the demand for the proposal given the current and proposed developments at and around Kingsway East.

Will DAWSON, Chair (Item IV).

Margaret RICHARDSON, Chair (Item III).

Roisin SMITH, Chair (Item V).

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