Local Review Body - 25/10/2022

At a MEETING of the LOCAL REVIEW BODY held remotely on 25th October, 2022.

Present:-

Bailie Will DAWSON

Bailie Christina ROBERTS

Councillor Dorothy McHUGH

Bailie 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 MINUTE OF MEETING OF LOCAL REVIEW BODY OF 16TH AUGUST 2022

The minute of meeting was approved.

III 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.

Papers had been circulated and the Local Review Body had requested an accompanied site visit, which had taken place on 11th November, 2022.

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 22/00011/FULL for the following reasons:-

Reason:

(1) Due to the location of the proposed flats below street level and the enclosed nature of the external amenity spaces, the proposal would not provide the high level of residential amenity that the Local Development Plan seeks to achieve. The proposal fails to comply with Policy 12 (Formation of New Residential Accommodation) of the Dundee Local Development Plan 2019. There are no material considerations of sufficient weight to justify a departure from the Local Development Plan and approval of planning permission.

IV LOCAL PLANNING REVIEW LRB10/2022

There was submitted Agenda Note AN44-2022 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 raised a new matter in the Notice of Review which was not before the Appointed Officer at the time of reaching their decision in relation to an appraisal of the existing roof structure by a qualified structural engineer which specified matters to prevent the roof condition from deteriorating further. However, the condition of the roof was before the Appointed Officer therefore the Local Review Body should take this into consideration when reaching their decision regarding this review.

Reasons:

1. The proposed internal and external alterations to the listed building, including removal of internal stairs, addition of dormers and alterations to the roof fail to maintain the character and appearance of the Category B listed building. The proposed alterations would have a detrimental impact on the historic fabric and architectural integrity of 32 South Tay Street and fails to comply with Policy 49 of the Dundee Local Development Plan 2019. There are no material considerations of sufficient weight to justify a departure from the Local Development Plan and approve planning permission.

2. The proposed external alterations, including addition of dormers and alterations to the roof, fail to maintain the character and appearance of the listed building within the University Conservation Area. The proposed alterations would have a detrimental impact on the historic character and appearance of the traditional terrace property, to the detriment of the character of South Tay Street and wider Conservation Area. The proposal fails to comply with Policy 1 and Policy 51 of the Dundee Local Development Plan 2019 and does not discharge the statutory duties of Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. There are no material considerations of sufficient weight to justify a departure from the Local Development Plan and approve planning permission.

3. The proposed alterations to form four flats fails to provide adequate internal cycle and waste storage provision for residents. The proposal therefore fails to comply with Policy 10 (Design of New Housing) and Appendix 4 of the Dundee Local Development Plan 2019. There are no material considerations of sufficient weight to justify a departure from the Local Development Plan and approve planning permission.

Will DAWSON, Chair.

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