Local Review Body - 15/06/2021

At a MEETING of the LOCAL REVIEW BODY held remotely on 15th June, 2021.

Present:-

Councillor Stewart HUNTER

Councillor Georgia CRUICKSHANK

Councillor Mark FLYNN

Councillor Stewart HUNTER, 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 of interest.

II MINUTE OF MEETING OF LOCAL REVIEW BODY OF 20TH APRIL, 2021

The minute of meeting was approved.

III LOCAL PLANNING REVIEW LRB03/21 - LAND TO THE SOUTH OF BROUGHTY FERRY ROAD, DUNDEE

There was submitted Agenda Note AN20-2021 giving details of a request for a review of the refusal of planning permission for a proposed cafe with external seating area, Land to the South of Broughty Ferry Road, Dundee.

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

The Legal Adviser advised that the applicant had intimated in the Notice of Review that they had not raised any new matters which were not before the Appointed Officer at the time of reaching their decision. However, in the supporting statement, the applicant does respond to comments which were raised by the Appointed Officer in the Report of Handling. The Legal Adviser considered that this did not contain any information the Appointed Officer would not have been aware of at the time of reaching their decision, therefore the Local Review Body should take into consideration the information contained within the supporting statement.

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  20-00667-FULL for the following reasons:-

1. The application fails to comply with Policy 1 (High Quality Design and Place making) of the Dundee Local Development Plan (2019) as the proposed design of the development is out of character for this open strip of land. This results in a poor quality of development that would result in an unacceptable impact on visual amenity. There are no material considerations of sufficient weight to justify a decision contrary to this.

2. The application fails to comply with Policy 32 (National and International Nature Conservation Designations) and policy 38 (Protecting and Improving the Water Environment) of the Dundee Local Development Plan 2019. The site is within the Special Area of Conservation on the Tay Estuary, as such, it has the potential to impact on the River Tay and any birds using the existing area and adjacent areas for nesting, roosting and feeding. An ecological assessment has not been provided, the applicant has failed to demonstrate there would be no adverse on the Special Area of Conservation. There are no material considerations of sufficient weight to justify a decision contrary to this.

3. The application fails to comply with Policy 36 (Flood Risk Management) of the Dundee Local Development Plan 2019. This proposal would require part of the flood defence wall to be removed to enable access to the site. As a Flood Risk Assessment has not been submitted it is not possible to fully assess the impact on the flood defence walls or other flooding issues. As a result, the applicant has failed to demonstrate that the proposed development would not be at risk from flooding or erosion and that it would not exacerbate those issues elsewhere. There are no material considerations of sufficient weight to justify a decision contrary to this.

4. The application fails to comply with Policy 54 (Safe and Sustainable Transport) of the Dundee Local Development Plan 2019. This proposal would attract additional vehicle and other journeys to the area to the detriment of the transportation network and promote conflict on the cycle route. There are no material considerations of sufficient weight to justify a decision contrary to this.

Stewart HUNTER, Chair.