Local Review Body - 20/08/2019
At a MEETING of the LOCAL REVIEW BODY held at Dundee on 20th August, 2019.
Present:-
Councillor Margaret RICHARDSON (Articles I, II, and IV)
Councillor Charlie MALONE (Articles I and III)
Councillor Roisin SMITH (Articles I, II, III and IV)
Councillor Alan ROSS (Articles I, II and III)
Councillor Margaret RICHARDSON, in the Chair (Article IV)
Councillor Roisin SMITH, in the Chair (Articles I, II and III)
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 18TH JUNE, 2019
The minute of the above meeting was submitted and noted.
III LOCAL PLANNING REVIEW LRB4/2019 - LAND TO THE SOUTH OF AFTON WAY, DUNDEE
There was submitted Agenda Note AN54-2019, giving details of a request for a review of the refusal of planning permission for the proposed erection of a Class 1/Class 3 Drive Thru Coffee Shop (167m2) with the car parking, drive thru lane, hard and soft landscaping, refuse area and associated works at the above address.
Papers had been circulated and the Local Review Body, at its meeting on 18th June, 2019 had requested further information that the applicant justify the exclusion of Kingsway East as part of the likely catchment for the proposed development and also an assessment 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. This information had been provided by the applicant on 3rd July, 2019.
The Planning Adviser then gave a brief outline of the application and the reasons for refusal.
Thereafter, the Legal Adviser advised of the procedural/legal issues which required to be considered by the Local Review Body.
The Local Review Body considered the documentation submitted and after discussion, 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 of the information, the Local Review Body, having taken into account the provisions of the Development Plan, all material considerations, additional information and matters raised at the review, reversed the decision of the Appointed Officer, and allowed the review, and granted planning permission 18-00785-FULL subject to the following six conditions:-
Condition 1
Tree Protection
Prior to the commencement of any works on site, the developer shall submit details and specifications of the protective measures necessary to safeguard the trees on the site during development operations, as per BS:5837. This Planning Authority shall be formally notified in writing of the completion of such measures and no work on site shall commence until the Planning Authority has confirmed in writing that the measures as implemented are acceptable. The protective measures shall be retained in a sound and upright condition throughout the development operations and no building materials, soil or machinery shall be stored in or adjacent to the protected area, including the operation of machinery.
Reason: To protect those trees which are of significant amenity value to the area and which would ensure a satisfactory standard of appearance of the development.
Condition 2
Ventilation
Prior to the commencement of any works on site, details of the proposed extraction and ventilation system shall be submitted to the Council for written approval. Thereafter, the approved extraction and ventilation system shall be installed prior to the kitchen becoming operational and maintained in accordance with details approved by this condition. Thereafter, the kitchen extraction and ventilation system shall operate whenever the equipment being serviced by the system is in operation.
Reason: In the interests of residential amenity.
Condition 3
Cooking
Prior to the commencement of any works on site, full details of the range of foods and methods of cooking to be utilised on the premises shall be submitted to the Council for approval in writing. This shall include information as to the appliances and equipment to be utilised in the operation of the Class 3 use. For the avoidance of doubt, the development shall thereafter be implemented in full accordance with the agreed details and at no time shall operate outwith the agreed details without prior approval in writing from the Council.
Reason: In the interests of residential amenity.
Condition 4
Delivery/Servicing Times
Deliveries and servicing of the development hereby approved, including loading, uploading or lay-up, shall only take place between 0700 and 2300 hours Monday to Saturday and 0900 and 2300 hours on a Sunday.
Reason: In the interests of safeguarding residential.
Condition 5
Sustainability
Prior to the commencement of any works on site, a Sustainability Statement demonstrating the extent to which the development will meet the requirements of Policy 48 of the adopted Dundee Local Development Plan (2019) shall be submitted for the approval of the Council and the work shall be completed in accordance with the approved Statement.
Reason: In order to demonstrate that the new development will meet the require carbon emissions reduction standards in the interests of the environment.
Condition 6
Cycle Shelter
Prior to the commencement of any works on site, details of the proposed cycle shelter shall be submitted to the Council for written approval. Thereafter, the approved details shall be implemented in full prior to the opening of the development.
Reason: In the interests of promoting sustainable transport.
Informative:
Dropped Kerb
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. For further details please contact 01382 433341 or developmentroads@dundeecity.gov.uk
IV LOCAL PLANNING REVIEW LRB3/2019 - LAND TO THE NORTH OF LINLATHEN GROVE, BROUGHTYFERRY, DUNDEE
There was submitted Agenda Note AN55-2019, giving details of a request for a review of the refusal of planning permission for the erection of a temporary marketing suite and associated access and parking.
The Planning Adviser gave a brief outline of the application and the reasons for refusal.
Thereafter, the Legal Adviser advised of the procedural/legal issues which required to be considered by the Local Review Body.
The Local Review Body considered the documentation submitted and, after discussion, 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, and all matters raised at the review, upheld the Appointed Officers decision to refuse Planning Permission 19-00135-FULL for the following reasons:-
01. The application fails to comply with Policy 1 (High Quality Design and Placemaking) and Policy 54 (Safe and Sustainable Transport) of the Dundee Local Development Plan (2019) as it will result in an increase of traffic on Linlathen Grove which is not of an adequate form to support the proposal. The applicant has failed to demonstrate that traffic associated with the temporary suite can be accommodated without resulting in increased traffic conflict and having a detrimental impact on road safety. There are no material considerations that would justify approval of planning permission contrary to the requirements of the Dundee Local Development Plan.
02. The application fails to comply with Policy 39 Environmental Protection of the Dundee Local Development Plan (2019) as the proposed marketing suite and generator, due to its proximity to neighbouring residential properties, would have an adverse impact
on residential amenity and environmental quality by virtue of noise nuisance. There are no material considerations that would justify approval of planning permission contrary to the requirements of the Dundee Local Development Plan.
Roisin SMITH, Chair (Articles I, II and III).
Margaret RICHARDSON, Chair (Articles IV).