Local Review Body - 30/10/2018
At a MEETING of the LOCAL REVIEW BODY held at Dundee on 30th October, 2018.
Present:-
Councillor Stewart HUNTER
Councillor Margaret RICHARDSON (Item III)
Councillor Gregor MURRAY
Councillor Alan ROSS (Item IV)
Councillor Margaret RICHARDSON, in the Chair for Items I, II and III
Councillor Stewart HUNTER, in the Chair for Item IV
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 25TH AUGUST, 2018
The minute of the above meeting was submitted and noted.
III LOCAL PLANNING REVIEW LRB8/2018 CHANGE OF USE FROM CLASS 5 GENERAL INDUSTRIAL USE TO CLASS 11 PROPOSED GYM AT UNIT5/6, 20 KILSPINDIE ROAD, DUNDEE
There was submitted Agenda Note AN67-2018, giving details of a request for a review of the refusal of planning permission for the change of use to a gym (class I assembly and leisure).
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 they have not raised any new matters which were not before the Appointed Officer at the time of reaching his decision. In addition to the supporting statement which was submitted with the review, the applicant lodged five standard letters which are supportive of the proposal. There was also a separate letter of support from Dundee Stars Junior Ice Hockey club.
The Local Review Body was advised that the standard letters of support did not appear to contain any new information that was not before the Appointed Officer.
However, in terms of section 43B (2) of the 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. In so far as the letter of support from Dundee Stars Junior Ice Hockey Club contained material considerations, this would therefore be taken into account by the Local Review Body when determining this review.
The Local Review Body then considered the documentation submitted and, after discussion, agreed to request an accompanied site visit. (Subsequently arranged for 8th November 2018). The Local Review Body also requested that the applicant provide details of how the property had been marketed for letting within the last three years.
IV LOCAL PLANNING REVIEW LRB9/2018 ERECTION OF TWO SINGLE STORY BUSINESS UNITS (OFFICE SPACE AND HAIR AND BEAUTYSALON) TO THE EAST AND WEST OF AN EXISTING LISTED BUILDING AT INGLESIDE,
There was submitted Agenda Note AN68-2018, giving details of a request for a review of the refusal of planning permission for the erection of two single storey business units (office space and hair and beauty salon) to the east and west of an existing listed building.
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 they had not raised any new matters which were not before the Appointed Officer at the time of reaching his decision. The applicant had submitted a supporting statement along with the Notice of Review.
In terms of 43B (1) of the Town and Country Planning (Scotland) Act 1997 as amended, in a review, a party to the proceedings is not to raise any matter which was not before the appointed person at the time the determination reviewed was made unless that party can demonstrate:-
(a) that the matter could not have been raised before that time, or
(b) that its not being raised before that time was a consequence of exceptional circumstances.
However, in terms of section 43B (2) of the 1997 Act 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. In so far as the statement contained any material considerations, these should therefore be taken into account by the Local Review Body when determining this review.
The Local Review Body then considered the documentation submitted and, after discussion, agreed to request an accompanied site visit. (Subsequently arranged for 8th November 2018). The Local Review Body further requested that all boundaries of the proposed structures be marked out on site for the site visit.
Margaret RICHARDSON, Chair (Items I, II and III)
Stewart HUNTER, Chair (Item IV)