Local Review Body - 15/03/2022

At a MEETING of the LOCAL REVIEW BODY held remotely on 15th March, 2022.

Present:-

Councillor Will DAWSON

Councillor Margaret RICHARDSON

Bailie Christina ROBERTS

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 of interest.

II LOCAL PLANNING REVIEW LRB2/2022 - ERECTION OF FENCE AND DECKING AT FRONT OF PROPERTY (RETROSPECTIVE) - 138 CITYROAD, DUNDEE

There was submitted Agenda Note AN15-2022 giving details of a request for a review of planning permission for the erection of a fence and decking at the front of property (retrospective), at 138 City 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 raised additional material which was not before the Appointed Officer at the time of reaching their decision. The information relates to a vehicle break-in at a neighbouring property, 140 City Road, Dundee, which occurred after the planning application was determined. This issue gave regards to safety issues which had been raised by the applicant. The Legal Adviser considered that insofar as this issue was deemed to be a material consideration, it could be taken into consideration by the Local Review Body during its deliberations.

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 and all material considerations, upheld the Appointed Officer's decision to refuse planning permission 21/00666/FULL for the following reasons:-

The proposal is contrary to Policy 11 of the Dundee Local Development Plan (2019) and the associated statutory Dundee Local Development Plan 2019 Supplementary Guidance Householder Development - Advice and Best Practice, because it would introduce a timber fence boundary enclosure and area of raised decking that would a have detrimental impact on the character and environmental quality of the house and surrounding area by virtue of its size, design and materials. There are no material considerations of sufficient weight to justify approval of the application.

Will DAWSON, Chair.