Local Review Body - 15/02/2022

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

Present: -

Councillor Stewart HUNTER

Councillor Mark FLYNN

Councillor Charlie MALONE

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 LOCAL PLANNING REVIEW LRB01/2022 LAND TO THE SOUTH OF DUNDEE ROAD WEST AND NORTH OF BROUGHTY FERRY ROAD,DUNDEE

There was submitted Agenda Note AN4-2022 giving details of a request for a review of planning permission for the proposed erection of care home with associated access, parking and ancillary landscaping at Land to the South of Dundee Road West And North 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, within the supporting statement which was submitted with the review documentation the applicant addresses issues which were raised by the Appointed Officer within the report of handling and provide their own assessment of the proposal in terms of the Development Plan and material considerations. The applicant also included information with regards to the Noise Impact Assessment. The Legal Adviser considered that this did not bring any new information before the Local Review Body and should be taken into consideration 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 21/00200/FULL for the following reasons:-

Reasons:

2.    The proposed residential care home would be located within close proximity to noise sources including a railway line and Dundee Port. The submitted Noise Impact Assessment fails to demonstrate mitigation measures can be implemented which provide residents with an acceptable level of residential amenity. The development would be within close proximity to existing sources of noise, vibration, odour, dust or light pollution and the applicant has failed to demonstrate a satisfactory level of amenity can be achieved without impacting on the viability of existing businesses or uses. The proposal therefore fails to comply with Policy 39 of the Dundee Local Development Plan 2019. There are no material considerations to justify a decision contrary to the Local Development Plan.

3.    The proposed residential care home would be located within an industrial location, close to Dundee Port and a sewage pumping station. The proposed building fails to integrate with surrounding industrial land uses. The proposal therefore fails to comply with Policy 2 of the Tayplan Strategic Development Plan 2017, and Policy 1 and Policy 14 of the Dundee Local Development Plan 2019. There are no material considerations to justify a decision contrary to the Local Plan.

4.    The site is over 400 metres from a bus stop and is not easily accessible by public transport. Therefore, the proposal fails to minimise the need to travel by private car. The proposal fails to comply with Policy 54 of the Dundee Local Development Plan 2019. There are no material considerations to justify a decision contrary to the Local Plan.

5.    The proposed development failed to demonstrate that it would adequately address the Scottish Governments Zero Waste Policy. The proposal fails to comply with Policy 44 of the Dundee Local Development Plan 2019. There are no material considerations to justify a decision contrary to the Local Plan.

6.    The proposed development failed to provide sufficient evidence to adequately demonstrate that the proposed landscaping would protect and enhance the Dundee Green Network. The proposal therefore fails to comply with Policy 8 of the Tayplan Strategic Development Plan 2017 and Policy 28 of the Dundee Local Development Plan 2019. There are no material considerations to justify a decision contrary to the Local Plan.

Stewart HUNTER, Chair.