Local Review Body - 10/09/2019

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 10th September, 2019.

Present:-

Councillor Will DAWSON (Items I, II, III & IV)

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

Councillor Stewart HUNTER (Items I, II & III)

Councillor Roisin SMITH (Item IV)

Councillor Will DAWSON, Convener, in the Chair.

The Convener 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 LOCAL PLANNING REVIEW - LRB5/19 - UNIT 7, WEBSTER PARK, 17 DUNSINANE AVENUE,DUNSINANE INDUSTRIAL ESTATE, DUNDEE

There was submitted Agenda Note AN59-2019, giving details of a request for a review of the refusal of planning permission for the change of use to Gym (Class II Assembly and Leisure) at Unit 7, Webster Park, 17 Dunsinane Avenue, Dunsinane Industrial Estate, Dundee.

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

Thereafter, the Legal Adviser advised that there were no 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 Officer's decision to refuse planning permission 19-000291-FULL for the following reasons:-

1. The proposed gym (Class 11) does not fall within Use Class 4, 5 or 6. The proposal therefore fails to accord with Policy 3: Principal Economic Development Areas of the Dundee Local Development Plan 2019. There are no material considerations to justify a decision contrary to the Plan.

2. The proposed gym would not support the function of the Principal Economic Development Area and is of a scale and nature that is aimed towards attracting visiting members of the public. The proposal is not ancillary to the Economic Development Area and therefore fails to comply with Policy 6 of the Local Development Plan 2019. There are no material considerations to justify a decision contrary to the Plan.

3. The proposed gym would result in an out of centre development that is at odds with The Town Centres First Principle, fails to satisfy the sequential approach and would draw trade from existing centres and leisure parks. The proposal is therefore contrary to the requirements of Policy 7 and Policy 21 of the Local Development Plan 2019. There are no material considerations to justify a decision contrary to the Plan.

III LOCAL PLANNING REVIEW LRB6/19 - 18 MILNBANK ROAD, DUNDEE

There was submitted Agenda Note AN60-2019 giving details of a request for a review of the refusal of planning permission for the removal of existing buildings and erection of six flats with parking and amenity ground at 18 Milnbank Road, Dundee.

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

Thereafter, the Legal Adviser advised there were no procedural or legal issues which required to be considered by the Local Review Body.

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 Officer's decision to refuse planning permission reference 19/00286/FULL for the following reasons:

1. The application fails to comply with Policy 1 (High Quality Design and Placemaking) of the Dundee Local Development Plan (2019) as the proposed layout and design is of poor form, at odds with the established building line and does not respect the local character or the existing development pattern of built form. The proposal would not contribute positively to the streetscape and does not contribute to the creation of a street with a strong sense of identity. The applicant has failed to demonstrate the proposal would meet the six qualities of place as detailed in Appendix 1. These factors result in a poor quality of over development and there are no material considerations to justify a decision contrary to this.

2. The application fails to comply with Policy 10 (Design of New Housing) of the Dundee Local Development Plan (2019) due to the proposed house type (flats) and the fact the proposal does not meet the minimum garden ground or parking provision requirements for six flats. These factors result in a poor quality of development and there are no material considerations to justify a decision contrary to this.

3. The application fails to comply with Policy 37 (Sustainable Drainage Systems) of the Dundee Local Development Plan (2019) as the applicant has failed to demonstrate that a satisfactory sustainable drainage solution can be achieved on site. There are no material considerations to justify a decision contrary to this.

4. The application fails to comply with Policy 39 (Environmental Protection) of the Dundee Local Development Plan (2019) as the applicant has failed to demonstrate that a satisfactory level of amenity can be achieved without impacting on the viability of the existing businesses. There are no material considerations to justify a decision contrary to this.

5. The application is contrary to Policy 49 (Listed Buildings) of the Dundee Local Development Plan 2019 because the proposed development would be at odds with the character and setting of the adjacent Category B Listed Buildings. Approval of the application would have an adverse impact on the character and setting of those listed buildings and would therefore also be contrary to Section 59 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 as amended. There are no material considerations that would justify approval of the application.

6. The application fails to comply with Policy 56 (Parking) of the Dundee Local Development Plan (2019) as there is insufficient in curtilage/off-street parking at this location for the proposed development. These factors result in a poor quality of development and would exacerbate existing on-street parking issues in the surrounding area. There are no material considerations to justify a decision contrary to this.

IV LOCAL PLANNING REVIEW LRB7/19 - DOWNFIELD HOTEL, 530 STRATHMARTINE ROAD

There was submitted Agenda Note AN67-2019 giving details of a request for a review of the refusal of planning permission for an application under Section 42 of the Town and Country Planning (Scotland) Act 1997 to vary the terms of Condition 2 of Planning Permission 17/00261/FULL.

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

Thereafter, the Legal Adviser advised that there were no procedural issues which he wished to draw to the Local Review Bodys attention, but he gave advice in relation to the Local Review Bodys ability to amend the wording of the conditions attaching to planning permission reference 17/00261/FULL if the Local Review Body were minded to do so.

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 appeal to the extent of varying the wording of Condition 2 to planning permission reference 17/00261/FULL. The conditions and reasons attaching to that planning permission accordingly would now read:-

Conditions:-

(i) No cooking shall be carried out on the takeaway premises unless otherwise agreed in writing with Dundee City Council as Planning Authority.

(ii) The hot food takeaway shall operate between 10.00 am and 7.00 pm Monday to Saturday only.

(iii) The takeaway facility hereby approved shall have a gross floor area not exceeding 42 square metres and shall remain entirely ancillary to the pub/restaurant facility.

Reasons:-

(i) In the interests of residential amenity; to ensure that odour from the premises does not affect adjacent residents.

(ii) In the interests of residential amenity; to prevent noise disturbance to adjacent residents.

(iii) In the interests of safeguarding residential amenity.

Will DAWSON, Convener.

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