Local Review Body - 18/02/2020
At a MEETING of the LOCAL REVIEW BODY held at Dundee on 18th February, 2020.
Present:-
Councillor Will DAWSON
Councillor Margaret RICHARDSON
Councillor Stewart HUNTER
Councillor Will DAWSON, Convener, in the Chair.
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 for interest.
II MINUTE OF MEETING OF LOCAL REVIEW BODY OF 10TH SEPTEMBER, 2019
The minute of the above meeting was submitted and noted.
III LOCAL PLANNING REVIEW - LRB1/20 - 112 SEAGATE, DUNDEE
There was submitted Agenda Note AN4-2020, giving details of a request for a review of the refusal of planning permission for the alteration to shop front including installation of automated teller machine.
The Planning Adviser gave a brief outline of the application and the reasons for the refusal.
Thereafter, the Legal Adviser advised that the applicant had intimated in the original application form that notice of the application had been served on the owner of the land on which the ATM was located. The owner was identified as Dundee City Council. The original application was determined by the Appointed Officer on this basis.
On submission of the review to the Local Review Body, investigations confirmed that Dundee City Council was not the owner of the land and the applicant was advised accordingly. The applicant advised that they would contact the owner and seek his consent to the development. Despite being sent a reminder, no further response was received from the applicant. The applicant did not require to own the land on which the proposed development was located but there was a legal requirement to notify the owner. In this case, however, the Appointed Officer had determined the application having been advised wrongly that this requirement had been met.
The Local Review Body were further advised that the appeal to the DPEA in respect of advertisement consent was refused on 11th February, 2020.
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 19-00545-FULL for the following reason.
1. The application fails to comply with Policy 1 (High Quality Design and Place making) and Policy 51 (Development in Conservation Areas) of the Dundee Local Development Plan 2019. The proposed shopfront alterations and installation of an external ATM has resulted in the loss of a traditional shopfront to the detriment of the character and appearance of the Central Conservation Area. Approval of the application would be failing to discharge the relevant statutory duty contained in Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 as amended. There are no material considerations of sufficient weight to justify approval of the application.
Will DAWSON, Convener.