Local Review Body - 18/04/2023

At a MEETING of the LOCAL REVIEW BODY held remotely on 18th April, 2023.

Present:-

Bailie Will DAWSON

Bailie Christina ROBERTS

Councillor Charlie MALONE

Councillor Mark FLYNN

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 PREVIOUS MEETING

The minute of meeting of 14th March, 2023 was noted.

III LOCAL PLANNING REVIEW LRB2/2023

PLANNING APPLICATION 21/00860/FULL - ERECTION OF NEW HOUSE - LAND SOUTH OF 144 STRATHERN ROAD, BROUGHTY FERRY, DUNDEE

There was submitted Agenda Note AN8-2023 giving details of a request for a review of planning the erection of a new house at Land South of 144 Strathern Road, Broughty Ferry, 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. The appeal statement did not include anything that the Appointed Officer would not have been aware of. The Legal Adviser also noted that the Planning Design Statement submitted by the applicant made reference to the Local Development Plan 2014, which should have read Local Development Plan 2019. Furthermore, National Planning Framework 4 was introduced on 13th February, 2023 and therefore would form part of the Development Plan against which this application would be determined even though the Appointed Officer or applicant have not made reference to this.

The Legal Adviser considered that the Local Review Body should therefore take all documents submitted into consideration during its deliberations.

Thereafter, having considered all the information, the Local Review Body, having taken into account the provisions of the Development Plan, all material considerations, the findings of the site visit and all matters raised at the review, upheld the determination of the Appointed Officer and refused the application under review for the following reasons:-

1. The application fails to comply with Policy 14 (Design Quality and Place) of the National Planning Framework 4 and Policy 1 (High Quality Design) of the Dundee Local Development Plan 2019 as it would not respect the surroundings in terms of topography, scale and design. These factors result in a development which would not be in keeping with the local area and one which would have a detrimental impact on the amenity of neighbouring properties. There are no material considerations of sufficient weight to justify a decision contrary to this.

2. The application fails to comply with Policy 16 (Quality Homes) of the National Planning Framework 4 and Policy 10 (High Quality Design) of the Dundee Local Development Plan 2019. The proposal would result in a building that would be of an excessive scale for the application site, incongruous with the surrounding area and would have a detrimental effect on the amenity of neighbouring properties in terms of overlooking. There are no material considerations of sufficient weight to justify a decision contrary to this.

3. The application fails to comply with Policy 13 (Development of Garden Ground for New Housing) of the Dundee Local Development Plan 2019. The proposal would result in a building that would be of an excessive scale for the application site, incongruous with the surrounding area and would have a detrimental effect on the amenity of neighbouring properties in terms of overlooking. There are no material considerations of sufficient weight to justify a decision contrary to this.

IV LOCAL PLANNING REVIEW LRB03/2023

PLANNING APPLICATION 21/00796/FULL - CHANGE OF USE OF AN AREA OF GRASSY FORESHORE FOR THE SITING OF A CAFE/TAKEAWAY VAN - LAND TO THE SOUTH OF BROUGHTY FERRY ROAD, DUNDEE

The Local Review Body agreed to defer consideration of the review of Planning Permission.

V LOCAL PLANNING REVIEW LRB04/2023

PLANNING APPLICATION 22/00792/FULL - PROPOSED ALTERATIONS AND EXTENSION TO DWELLINGHOUSE - 8 CULTS GARDENS, DUNDEE