Local Review Body - 16/08/2022
At a MEETING of the LOCAL REVIEW BODY held remotely on 16th August, 2022.
Present:-
Bailie Will DAWSON (Articles I, II, III, V & VI)
Bailie Christina ROBERTS (Articles I, II, III, V & VI)
Councillor Dorothy McHUGH (Articles I, II, III, V & VI)
Councillor Nadia EL-NAKLA (Article IV)
Councillor Mark FLYNN (Article IV)
Councillor Ken LYNN (Article IV)
Bailie Will DAWSON, Convener, in the Chair (Articles I, II, III, V & VI).
Councillor Mark FLYNN, in the Chair (Article IV).
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 14TH JUNE, 2022
The minute of meeting was approved.
III LOCAL PLANNING REVIEW LRB8/2022
There was submitted Agenda Note AN35-2022 giving details of a request for a review of planning permission for the change of use from a newsagent shop (Class 1) to hot and cold food deli (Class 3) with takeaway facility (sui generis), and installation of extract flue at 6 Blackness Avenue, Dundee.
The Planning Adviser gave a brief outline of the application and the reasons for refusal.
The Legal Adviser advised that the applicant had not 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 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 21/00950/FULL for the following reason:-
Reasons:
1. The proposed change of use is contrary to Policy 27 of the Dundee Local Development Plan 2019 due to the proximity of the nearest residential properties and the detrimental impact on the amenity of the surrounding area due to odour and noise from the proposed deli. There are no material considerations of a sufficient weight that would justify laying aside the provisions of the Development Plan to grant planning permission.
2. The proposal is contrary to Policy 39 of the Dundee Local Development Plan 2019 as the applicant has failed to demonstrate that the proposed use can be accommodated without impacting on the amenity of the neighbouring residential properties by virtue of odour and noise. There are no material considerations of a sufficient weight that would justify laying aside the provisions of the Development Plan to grant planning permission.
IV LOCAL PLANNING REVIEW LRB9/2022
There was submitted Agenda Note AN36-2022 giving details of a request for a review of planning permission for the change of use to a yard for storage of commercial vehicles (6) (retrospective) at Land at Broughty Ferry Court, Baldovie 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 not raised any new material in the Notice of Review which was not before the Appointed Officer at the time of reaching their decision.
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 21/00494/FULL for the following reasons:-
Reason:
The proposal will have an adverse effect on residential amenity of neighbouring residents and the proposal is contrary to Policy 17 (Small Scale Commercial Uses within Residential Areas) and Policy 39 (Environmental Protection) of the Local Development Plan. There are also material considerations of sufficient weight to justify refusal of planning permission. There are no material planning considerations of sufficient weight to justify approval of the application contrary to the Development Plan.
V LOCAL PLANNING REVIEW LRB7/2022
There was submitted Agenda Note AN34-2022 giving details of a request for a review of planning permission for the change of use to an indoor skatepark at Units 6, 7 and 8, Magpie House, 42 Baird Avenue, Dryburgh Industrial Estate, Dundee.
The Planning Adviser gave a brief outline of the application and the reasons for refusal.
The Legal Adviser advised that the applicant had submitted additional material in the Notice of Review which was not before the Appointed Officer at the time of reaching their decision, in particular in respect of Policy 21 and their search for alternative premises at various sites. The Legal Adviser considered that this information was relevant regarding the consideration of Policy 21 and should be taken into account when a decision was being taken regarding this review.
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 22/00173//FULL for the following reasons:-
Reasons:
1. The proposal is contrary to Policy 1 of the Dundee Local Development Plan (2019). In terms of Appendix 1 considerations, the proposed development is at a site that is not easily navigable, particularly on foot, bicycle and public transport, nor has it been designed to prioritise people over motor vehicles and it is not readily accessible by a choice of transport modes. The proposed development fails to prioritise and encourage sustainable and active travel choices, such as walking, cycling and public transport and is contrary to Criterion 2 and Criterion 3 of Appendix 1. There are no material considerations of sufficient weight to justify approval of the application.
2. The proposal is contrary to Policy 3 of the Dundee Local Development Plan (2019) because the proposed skate park use does not fall within the defined Use Classes 4, 5 and 6 that Development Plan policy aims to direct to Principal Economic Development Areas, in the interests of safeguarding employment and business land from other development pressures. The proposed development would introduce other development pressures into a Principal Economic Development Area where the Development Plan seeks to safeguard that land for employment uses and is contrary to Policy 3. There are no material considerations of sufficient weight to justify approval of the application.
3. The proposal is contrary to Policy 7 of the Dundee Local Development Plan (2019) because the site is located in an industrial estate - which is safeguarded for employment/business uses - that is not within the City Centre, any District Centres or any of the existing leisure parks within the City, which Policy 7 seeks to direct leisure uses towards. There are no material considerations of sufficient weight to justify approval of the application.
4. The proposal is contrary to Policy 21 of the Dundee Local Development Plan (2019) because it has not been reasonably demonstrated that there are no sequentially preferable options available, that the proposal would not have a significant adverse effect on the vitality or viability of the City Centre, District Centres or Commercial Centres, and/or that the proposal would address a deficiency in provision which cannot be met within or on the edge of these centres. The proposal would result in a footfall generating leisure use in an out of centre location at odds with the Town Centre's First Principle and would miss an opportunity to maximise economic benefit through adding vitality and vibrancy to Dundee's existing network of centres. There are no material considerations of sufficient weight to justify approval of the application.
5. The proposal is contrary to Policy 54 of the Dundee Local Development Plan (2019) because the site proposed for the leisure development would not be readily accessible by a choice of transport modes and would increase reliance on the private car in a location where access to walking, cycling and public transport is poor. Given the anticipated age demographic of skate park users, this would have the potential to result in children and young people walking through a working industrial estate to access the proposed leisure development. A statutory consultee has raised concerns regarding a lack of supporting information on parking provision, the shared parking/access land use between neighbouring units and vehicle turning space arrangements. There are no material considerations of sufficient weight to justify approval of the application.
6. The proposal is contrary to Policy 56 of the Dundee Local Development Plan (2019) because it does not have adequate parking facilities for staff and visitors. There are no material considerations of sufficient weight to justify approval of the application.
Vl LOCAL PLANNING REVIEW LRB10/2022
There was submitted Agenda Note AN37-2022 giving details of a request for a review of planning permission for the change of use from two basement offices (Class 4 business) to two flatted dwellings (Class 9 houses) with associated internal and external alterations at Basement, 32 South Tay Street, Dundee.
The Planning Adviser gave a brief outline of the application and the reasons for refusal.
The Legal Adviser advised that the applicant had submitted additional material in the Notice of Review which was not before the Appointed Officer at the time of reaching their decision in relation to other properties in respect of which these types of consent had been applied. However, these types of consent would have been known to the Appointed Officer, therefore, the Local Review Body should take these into consideration when reaching their decision regarding this review.
The Local Review Body considered the documentation submitted and, after discussion, agreed to hold an accompanied site visit. (Subsequently arranged for 6th September, 2022).
Will DAWSON, Chair (Articles I, II, III, V & VI).
Mark FLYNN, Chair (Article IV).