Local Review Body - 23/05/2023

At a MEETING of the LOCAL REVIEW BODY held remotely on 23rd May, 2023.

Present:-

Bailie Will DAWSON (Articles I, II and V)

Bailie Christina ROBERTS (Articles I, II and V)

Councillor Charlie MALONE (Articles I, II, III, IV and V)

Councillor Mark FLYNN (Articles III and IV)

Councillor Ken LYNN (Articles III and IV)

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 18th April, 2023 was noted.

III LOCAL PLANNING REVIEW LRB03/2023

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

There was submitted Agenda Note  AN12-2023 giving details of a request for a review of planning permission for the change of use of an area of grassy foreshore for the siting of a caf/takeaway van at Land to the South 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. The appeal statement did not include anything that the Appointed Officer would not have been aware of. 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 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 1 (Tackling the Climate and Nature Crises) of the National Planning Framework 4 as the proposed development would be reliant upon the use of a motorised vehicle with generator and would likely encourage further motor vehicle use. The placement and regular movement of the proposed van over the foreshore area was likely to have an unacceptable impact on the nature value of the area. There are no material considerations of sufficient weight to justify a decision contrary to this.

2. The application fails to comply with Policy 2 (Climate Mitigation and Adaptation) of the National Planning Framework 4. The use of a vehicle and associated generator did not minimise emissions from the development and the removal of the sea wall gave no regard to the future expected impacts of climate change. There are no material considerations of sufficient weight to justify a decision contrary to this.

3. The application fails to comply with Policies 3 (Biodiversity) and 4 (Natural Places) of the National Planning Framework 4 and Policies 32 (National and International Nature Conservation Designations) and 38 (Protecting and Improving the Water Environment) of the Dundee Local Development Plan 2019. The siting of the van, and the vehicle access route along the foreshore, has the potential to impact on any birds using the existing area and adjacent areas for nesting, roosting and feeding. An ecological assessment has not been provided, the applicant has failed to demonstrate there would be no adverse impacts on the surrounding area. The nature of the proposed development increases the risk of waste material and other pollutants entering the area surrounding the site to the detriment of the natural environment. There are no material considerations of sufficient weight to justify a decision contrary to this.

4. The application fails to comply with Policy 14 (Design, Quality and Place) of National Planning Framework 4 and Policy 1 (High Quality Design and Placemaking) of the Dundee Local Development Plan (2019) as the proposed hot food van would be located on the foreshore of the beach and would not improve or complement the existing landscape. This would result in a poor quality of development that would result in an unacceptable impact on visual amenity. There are no material considerations of sufficient weight to justify a decision contrary to this.

5. The application fails to comply with Policy 27 (City, Town, Local and Commercial Centres) of the National Planning Framework 4 and Policy 21 (Town Centres First Principle) of the Dundee Local Development Plan 2019. The applicant has not undertaken a sequential assessment to demonstrate that there are no sites available within the City Centre, District Centres, edge of town centre or Commercial Centres which could accommodate this proposal; No evidence has been provided to demonstrate that individually or cumulatively the proposal would not have a significant adverse effect on the vitality or viability of the City Centre, District Centres or Commercial Centres; and no evidence has been provided to demonstrate that the proposal would address a deficiency in provision which cannot be met within or on the edge of these centres.. There are no material considerations of sufficient weight to justify a decision contrary to this.

6. The application fails to comply with Policies 10 (Coastal Development) and 22 (Flood Risk and Water Management) of the National Planning Framework 4 and Policy 36 (Flood Risk Management) of the Dundee Local Development Plan 2019. This proposal would require part of the flood defence wall to be permanently removed to enable access to the site. The applicant has failed to demonstrate that the proposed development would not be at risk from flooding and that it would not exacerbate this issue elsewhere. The proposed development gave no regard to the future expected impacts of climate change. There are no material considerations of sufficient weight to justify a decision contrary to this.

7. The application fails to comply with Policy 13 (Sustainable Transport) of the National Planning Framework 4 and Policy 54 (Safe and Sustainable Transport) of the Dundee Local Development Plan 2019. The proposed development would result in the daily manoeuvring of a van onto the site adjacent to a busy footway and cycleway with the potential to adversely affect the performance of the transport network. The availability of parking at the proposed site would also be likely to increase the use of private cars in the area. There are no material considerations of sufficient weight to justify a decision contrary to this.

IV LOCAL PLANNING REVIEW LRB04/2023

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

There was submitted Agenda Note AN13-2023 giving details of a request for a review of planning permission for the proposed alterations and extension to a dwellinghouse at 8 Cults Gardens, 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 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, 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 proposal would introduce an extension that due to its scale and proximity to the boundary with the property to the south would have a detrimental effect on that neighbouring dwelling. The proposal is therefore not in accordance with the provisions of Policy 16g of the National Planning Framework 4. There are no material considerations of sufficient weight to support approval of planning permission contrary to the provisions of the Development Plan.

2. The proposal would introduce an extension that due to its scale and proximity to the boundary with the property to the south would have a detrimental effect on that neighbouring dwelling in terms of a physical impact and overshadowing impact on the window in the north elevation of that dwelling. The proposal is therefore not in accordance with the provisions of 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. There are no material considerations of sufficient weight to support approval of planning permission contrary to the provisions of the Development Plan.

V LOCAL PLANNING REVIEW LRB05/2023

PLANNING APPLICATION 22/00322/FULL - PART CHANGE OF USE OF INDUSTRIAL BUILDING (CLASS 5/6) TO EVENTS AND PHOTOGRAPHY VENUE (CLASS 1) - OLD GLAMIS WORKS, 13 OLD GLAMIS ROAD, DUNDEE

There was submitted Agenda Note  AN16-2023 giving details of a request for a review of planning permission for the part change of use of industrial building (Class 5/6) to events and photography venue (Class 1) at Old Glamis Works, 13 Old Glamis 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. The appeal statement did not include anything that the Appointed Officer would not have been aware of. The Legal Adviser considered that the Local Review Body should therefore take all documents submitted into consideration during its deliberations.

The Local Review Body considered the documentation submitted and, after discussion, agreed to hold an accompanied site visit. (Subsequently arranged for 20thJune, 2023). The Local Review Body further agreed that the applicant be asked to stake out the dimensions of the studio if this was possible.

Will DAWSON, Chair (Articles I, II and V) and Mark FLYNN, Chair (Articles III and IV).