Local Review Body - 15/09/2020

At a MEETING of the LOCAL REVIEW BODY held at Dundee on 15th September, 2020.

Present:-

Councillor Will DAWSON (Items III and IV)

Councillor Margaret RICHARDSON

Councillor Stewart HUNTER

Councillor Mark Flynn (Item V)

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 18TH FEBRUARY 2020

The minute of the above meeting was submitted and noted.

III LOCAL PLANNING REVIEW LRB02/20 - 21 GRAY STREET, LOCHEE, DUNDEE

There was submitted Agenda Note AN37-2020 giving details of a request for a review of the refusal of planning permission for the demolition of vehicle repair workshop buildings and erection of two semi‑detached houses at 21 Gray Street, Lochee, 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.

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 reference 19/00899/FULL for the following reasons:

1. The proposal to front the 2no modern semi-detached properties onto Gray Street would be incongruous with the character of Gray Street. The design and siting of the proposed houses fails to respect the character of the surrounding area. The proposal does not meet the requirements of Policy 1 (High Quality Design and Placemaking) of the Dundee Local Development Plan 2019. There are no material planning considerations of sufficient weight to justify approval of the application contrary to the Development Plan.

2. The proposal does not satisfy the Appendix 4 suburban standards in respect of amenity garden ground provision. The proposed 75 sqm is substantially less than the minimum standard required of 120 sqm. The design and layout of the proposed houses positioned to front Gray Street fails to respect the distinct character of the surrounding area. The proposal does not meet the requirements of Policy 10 (Design of New Housing) of the Dundee Local Development Plan 2019. There are no material planning considerations of sufficient weight to justify approval of the application contrary to the Development Plan.

3. The surface water is to be discharged via soakaways in the rear garden ground of each plot. Due to the lack of detailed supporting information on the proposed drainage scheme the proposal does not meet the requirements of Policy 37 (Sustainable Drainage Systems) of the Dundee Local Development Plan 2019. There are no material planning considerations of sufficient weight to justify approval of the application contrary to the Development Plan.

4. A preliminary risk assessment for contaminated land has not been submitted. The proposal has therefore failed to demonstrate that the site is suitable for residential development. The proposal does not meet the requirements of Policy 41 (Land Contamination) of the Dundee Local Development Plan 2019. There are no material planning considerations of sufficient weight to justify approval of the application contrary to the Development Plan.

5. The Supporting Statement fails to demonstrate that the proposed houses could achieve a satisfactory level of amenity given the proximity of the application site to uses on the western boundary of the General Economic Development Area. The proposal does not meet the requirements of Policy 39 (Environmental Protection) of the Dundee Local Development Plan 2019. There are no material planning considerations of sufficient weight to justify approval of the application contrary to the Development Plan.

IV LOCAL PLANNING REVIEW - LRB3/20 - 45 MAINS LOAN, DUNDEE

There was submitted Agenda Note AN38-2020, giving details of a request for a review of the refusal of planning permission for the erection of a domestic garage and garden retaining wall at 45 Mains Loan, Dundee (part retrospective).

The Planning Adviser gave a brief outline of the application and the reasons for the 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 Officers decision to refuse planning permission 19/00950/FULL for the following reason.

The application fails to comply with Policy 11 (Householder Development) and Policy 51 (Development in Conservation Areas) of the Dundee Local Development Plan 2019. The proposed garage would be located in garden ground in front of the dwellinghouse and due to its size, design and materials would have a detrimental impact on the character and appearance of the Maryfield 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.

V LOCAL PLANNING REVIEW - LRB4/20 - UNIT 7 AND 8, WEBSTER PARK, 17 DUNSINANE AVENUE, DUNSINANE INDUSTRIAL ESTATE,DUNDEE

There was submitted Agenda Note AN39-2020, giving details of a request for a review of the refusal of planning permission for the temporary change of use to Gym (Class II Assembly and Leisure) (Retrospective) at Units 7 & 8, 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.

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 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.

Will DAWSON, Convener, (Items I, II, III and IV).

Margaret RICHARDSON, Chair (Item V).

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