Local Review Body - 19/01/2021
At a MEETING of the LOCAL REVIEW BODY held at Dundee on 19th January, 2021.
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 8TH DECEMBER, 2020
The minute of the above meeting was submitted and approved.
III LOCAL PLANNING REVIEW LRB15/20 - LAND TO THE SOUTH OF RIVERSIDE AVENUE, DUNDEE
There was submitted Agenda Note AN2-2021 giving details of a request for a review of the refusal of planning permission for the for the development of 2 x Class 3 Units, comprising 1 x Fast Food Drive Thru and 1 x Coffee Unit with associated landscaping and car parking at Land South of Riverside Avenue, Dundee.
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 further information which was not before the Appointed Officer had been included with the Notice of Review. This additional information comprised, Design Statement, Sequential Testing, Hard and Soft Landscaping and Landscape Management, and a Further Transport Technical Statement. These had been included with the Appeal Statement to address the matters raised in the decision notice. The applicant stated that as the scheme was considered compliant with policies, these were not presented with the original application but had now been added to further demonstrate and strengthen the case for compliance with the policies in the Local Plan and the need for this scheme within its location.
As members were aware, in a review, a party to the proceedings was not to raise any matter which was not before the Appointed Officer when the application was determined unless (i) the matter could not have been raised before that time; or (ii) it was not raised before that time due to exceptional circumstances.
However, nothing in these provisions would alter any requirement or entitlement to have regard to (a) the provisions of the Development Plan or (b) any other material considerations.
The Local Review Body agreed that, in this case, as the additional information provided was directly relevant to the provisions of the Development Plan and material considerations it should be considered in their determination of the application.
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, the Local Review Body considered that there were material considerations of sufficient weight to justify approval of the proposal contrary to the provisions of the Development Plan and therefore reversed the Appointed Officer's decision and approved planning permission reference 20/00031/FULL subject to fifteen conditions:-
Conditions
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 and adjacent to 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.
2. Tree Planting
Prior to the occupation of the development, the developer shall submit a landscape and maintenance plan, including specifications for the replacement planting for any trees removed during construction. The Planning Authority shall be formally notified in writing of the completion of replacement planting and no occupation of the buildings shall commence until the Planning Authority has confirmed in writing that the planting as implemented are acceptable.
Reason: To replace those trees which are of significant amenity value to the area and which ensure a satisfactory standard of appearance of the development.
3. 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 local amenity.
4. 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 works shall be completed in accordance with the approved Statement.
Reason: In order to demonstrate that the new development will meet the required carbon emissions reduction standards in the interests of the environment.
5. Flood Risk
Prior to the commencement of any works on site, the developer shall undertake appropriate site investigations and submit a Flood Risk assessment to the Planning Authority for approval in order to ensure that the risk of flooding is mitigated and that all surface water flows are contained within the site boundary.
Reason: In the interests of preventing flooding to the site and adjacent areas.
6. Surface Water Drainage
The hard surface within the site should be made of porous materials or provision should be made to direct run off water from the hard surface to a permeable or porous area or surface within the curtilage of the site.
Reason: To ensure that surface water from within the curtilage of the site does not drain to the adjacent adopted road.
7. Drainage
The applicant must provide a disposal route for road surface water to the satisfaction of Dundee City Council which discharges to a system publicly maintained/maintainable by the relevant authority.
Reason: To ensure an appropriate and publicly maintainable system is provided.
8. Contamination
Prior to the commencement of any works on site, the developer shall submit a land contamination remediation strategy to the Planning Authority for approval in order to address contamination matters within the site. The Planning Authority shall be formally notified in writing of the completion of such measures contained in the strategy and no work on site shall commence until the Planning Authority has confirmed in writing that the measures as implemented are acceptable.
Reason: In the interests of public safety and environmental protection.
9. Waste Management
Prior to the occupation of the buildings in the development, the developer shall submit details of waste handling and storage to the Planning Authority for approval. This should include measures to enclose any waste storage and bins to eliminate any risk of waste items being blown from the site or becoming an attractor to birds. The Planning Authority shall be formally notified in writing of the completion of such measures and no occupation of the buildings shall commence until the Planning Authority has confirmed in writing that the measures as implemented are acceptable.
Reason: In the interests of airport safety and local amenity.
10. Transport Statement
An updated transport statement shall be submitted to Dundee City Council covering travel by all modes of travel and road improvements. The agreed findings of the transport statement must be implemented prior to any works on site.
Reason: In the interests of vehicle and pedestrian safety and promoting sustainable transport.
11. Travel Plan
A full travel plan must be in place and agreed with the Local Authority within one year of the development opening.
Reason: In the interests of promoting sustainable transport.
12. Electric Car Charging
Electric car charging points shall be provided at a location and number to be approved prior to the opening of the development.
Reason: In the interests of sustainable travel measures.
13. Cycle Parking
Prior to any works on site, details of secure and covered cycle parking shall be agreed with Dundee City Council.
Reason: In the interests of sustainable travel measures.
14. Delivery/Servicing Times
Deliveries and servicing of the development hereby approved, including loading, unloading or lay-up, shall only take place outwith public opening hours.
Reason: In the interests of road safety.
15. Street Lighting
Prior to any works on site details of any works to or alteration of the street lighting system must be provided and agreed. Thereafter, the approved works must be formed and constructed to Dundee City Council standards and specifications.
Reason: In the interests of vehicle and pedestrian safety.
Will DAWSON, Convener.