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Local Review Body - 07/11/2023

At a MEETING of the LOCAL REVIEW BODY held remotely on 7th November, 2023.

 

Present:-

 

Bailie Will DAWSON

 

Bailie Christina ROBERTS

 

Councillor Michael CRICHTON

 

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 LOCAL PLANNING REVIEW LRB06/2023

 

PLANNING APPLICATION 22-000850-FULL - CONSTRUCTION OF NEW SINGLE STOREY DWELLING AND SEPARATE SINGLE GARAGE WITHIN GARDEN GROUND OF EXISTING PROPERTY - GARDEN GROUND AT 31 YEWBANK AVENUE, BROUGHTY FERRY, DUNDEE

 

There was submitted Agenda Note  AN35-2023 giving details of a request for a review of planning permission for Construction of New Single Storey Dwelling and Separate Single Garage Within Garden Ground of Existing Property - Garden Ground at 31 Yewbank Avenue, Broughty Ferry, Dundee.

 

Papers had been circulated and the Local Review Body had requested an accompanied site visit, which had taken place on 7th November, 2023.

 

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, 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, the Local Review Body considered that there were material considerations of sufficient weight to justify approval of the proposal and therefore reversed the Appointed Officer's decision and approved planning permission reference 22-000850-FULL subject to the undernoted conditions:-

 

1. Prior to any works on site, details of the amended site access must be agreed and the access must be formed and constructed to Dundee City Council standards and specifications.

 

Reason: In the interests of vehicle and pedestrian safety.

 

2. The hard surface within the curtilage should be made of porous materials or provision should be made to direct run off water from the hard surface to a permeable or porous area or surface within the curtilage of the site.

 

Reason: To ensure that surface water from within the curtilage of the site does not drain to the adjacent adopted road.

 

3. The development hereby permitted shall be commenced within three years from the date of this permission.

 

Reason: To comply with Section 58 of the Town and Country Planning (Scotland) Act 1997 as amended.

 

4. Full details and the location of electric vehicle charging points shall be provided and approved in writing by the Council. Thereafter, the electric vehicle charging points shall be installed in strict accordance with the details approved by this condition prior to the completion of the development hereby approved.

 

Reason: In the interests of sustainable travel measures.

 

5. Prior to the commencement of any works on site, a statement will be submitted to and agreed in writing by the Council demonstrating that a proportion of the carbon emissions reduction standard set by Scottish Building Standards will be met through the installation and operation of low and zero carbon generating in this approved development.

 

Reason: In the interests of sustainable development.

 

6. The total noise from all mechanical and electrical plant/services shall not exceed NR 35 during the night as measured 1 metre external to the facade of adjacent residential accommodation. For the avoidance of doubt night time shall be 2300 to 0700 hours.

 

Reason: In the interests of residential amenity.

 

7. Prior to the commencement of any works on site, a detailed surface water drainage/ SUDS design including drawings, calculations (please provide exceedance flow route (overland flood route drawing) for exceedance of the 1:200 year storm event), full modelling, simulation results, design risk assessment, signed Dundee City Council Design Compliance and Independent Check Certification, evidence of compliance with the Simple Index Approach as described in Section 26.7.1 of the CIRIA SUDS Manual (C753), and where appropriate, SEPA comments shall be submitted to the Council for written approval. Thereafter, all works approved by virtue of this condition shall be carried out prior to the first occupation of the development hereby approved.

 

Reason: In the interests of flood protection.

 

8. Prior to the commencement of any works on site, details of measures proposed to manage surface water run-off during construction shall be submitted to the Council for written approval. Thereafter, all works approved by virtue of this condition shall be carried out prior to construction works commencing on any part of the development hereby approved.

 

Reason: In the interests of flood protection.

 

9. Prior to the commencement of any works on site, maintenance responsibilities along with a maintenance schedule for the surface water drainage system/SUDS features shall be submitted to the Council for written approval. Thereafter, all works approved by virtue of this condition shall be carried out in perpetuity.

 

Reason: In the interests of flood protection and visual amenity.

 

Informative

 

A Vehicular Access (VA) application (found via the following link on DCC website: http://www.dundeecity.gov.uk/citydevelopment/vehicularaccess) must be submitted to Dundee City Council as Roads Authority for work on the adjacent public road or footway and consent for this must be obtained prior to the commencement of any work on the public road or footway.

 

Bailie Roberts asked that her dissent be noted.

 

 

 

 

Will DAWSON, Chair.