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Local Review Body - 16/01/2024

At a MEETING of the LOCAL REVIEW BODY held remotely on 16th January, 2024.

 

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 Advisers were employees of the Planning Authority, they had not been involved in the determination of the case under review and were 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 5th December, 2023 was noted.

 

III LOCAL PLANNING REVIEW LRB08/2023

 

PLANNING APPLICATION 23-000033-FULL - APPLICATION UNDER SECTION 42 FOR THE REMOVAL CONDITIONS 1, 8 AND 11 OF PLANNING PERMISSION 22-000306-FULL - 484 PERTH ROAD, DUNDEE

 

There was submitted Agenda Note  AN3-2024 giving details of a request for a review of a planning application under Section 42 for the removal conditions 1, 8 and 11 of planning permission 22‑000306‑FULL - 484 Perth Road, Dundee.

 

The Planning Adviser gave a brief outline of the application and the reasons for refusal. An accompanied site visit had taken place on 9th January, 2024, and Environmental Health Officers had provided further information regarding their views on the conditions under review and had provided information with regards to the ongoing monitoring of noise levels in respect of this site.

 

The Legal Adviser advised the Local Review Body that this application was a review of conditions 1, 8, and 11 only of the existing planning permission. Furthermore, the appeal statement did not include anything that the Appointed Officer would not have been aware of, therefore the Legal Adviser considered that the Local Review Body should therefore take all documents submitted into consideration during its deliberations.

 

It was noted that on 12th December, 2023 Condition 8 was discharged by Dundee City Council and there was therefore no case for the LRB to consider in respect of that condition.

 

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 varied the decision of the Appointed Officer and determined as follows:

 

(i) to remove condition 1 of planning permission 22-000306-FULL; and

 

(ii) vary condition 11 of planning permission 22-000306-FULL to read:

 

11. The wedding dining use hereby approved in The Stables shall be restricted to no more than 30 taking place per year.

 

 

(iii) retain planning conditions 2, 3, 4, 5, 6, 7, 9 and 10 of Planning Permission 22‑000306‑FULL all as follows:-

 

2. The dining for weddings only use hereby approved in The Stables shall operate from 15:00 hours to 21:00 hours only.

 

3. In respect of the dining for weddings only use hereby approved, there shall be no on site cooking in The Stables at any time.

 

4. The total noise from the mechanical and electrical plant/services shall not exceed NR45, during daytime, and shall not exceed NR35 during night-time, as measured 1 metre external to the facade of adjacent residential property. Furthermore, it shall not exceed NR25 within any adjoining residential property. NR45 is applicable for the period 07:00 to 23:00 hours and NR35 and NR25 are applicable for 23:00 to 07:00 hours.

 

5. At no time shall amplified music or vocals be provided/performed in The Stables. Music shall be so controlled as to be inaudible within any adjacent residential property.

 

6. With regard to the external dining/serveries/seating areas: Use of these areas for weddings shall be restricted to the following hours: September to June - open 11:00 hours Monday to Saturday and 12:30 hours on Sundays: closing at 21:00 hours July and August - open 11:00 hours Monday to Saturday and 12:30 hours on Sundays: closing at 22:00 hours. At no time shall amplified music or vocals be provided/performed in any external dining/serveries/seating areas.

 

7. The proposed change of use hereby approved shall only be used for dining for weddings only for up to 120 patrons and short-term holiday letting accommodation. For the avoidance of doubt, The Stables shall not be used as a function suite for the purposes of social gatherings, parties and celebrations other than dining for weddings.

 

9. All servicing and deliveries, including loading, unloading or lay-up shall be between 08:00 to 18:00 hours Monday to Saturday and 10:00 to 16:00 hours Sunday. No deliveries shall take place outwith these times.

 

10. The pizza oven in the outside servery hereby approved shall only be operated by employees of the hotel and used only for the purposes of serving guests staying in the hotel and ancillary accommodation.

 

11. The wedding dining use hereby approved in The Stables shall be restricted to no more than 30 taking place per year.

 

Reason(s)

 

2. In order to protect surrounding residential amenity.

 

3. In order to protect surrounding residential amenity.

 

4. In order to protect surrounding residential amenity.

 

5. In order to protect residential amenity.

 

6. In order to protect surrounding residential amenity.

 

7. In order to protect the City Centre and district centres and surrounding residential amenity.

 

9. In order to protect surrounding residential amenity.

 

10. In order to protect surrounding residential amenity.

 

11. In order to protect surrounding residential amenity.

 

IV LOCAL PLANNING REVIEW LRB09/2023

 

PLANNING APPLICATION 23-000458-FULL - CHANGE OF USE OF 5 BEDROOM FLAT TO 5 PERSON HMO - 2/2, 10 GARLAND PLACE, BARRACK ROAD, DUNDEE

 

There was submitted Agenda Note  AN4-2024 giving details of a request for a review of planning permission for the change of use of five bedroom flat to five person HMO at 2/2, 10 Garland Place, Barrack 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 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 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 Planning Application 23-000458-FULL for the following reason:

 

1. The proposed change of use of a tenement flat to a five-person House in Multiple Occupation is located outside the City Centre and accessed by a shared entrance. It would adversely impact on the amenity of neighbouring properties by virtue of the level of additional noise and disturbance generated by people accessing and exiting the shared entrance to the application property. The proposal has a lack of secure bike storage space and would also exacerbate existing parking problems within the surrounding area due to not providing any off-street parking facilities. The proposed development is contrary to the terms of Policy 16 (Houses in Multiple Occupation) of the Adopted Dundee Local Development Plan (2019). There are no material considerations of sufficient weight that would justify the approval of planning permission.

 

 

 

 

Will DAWSON, Chair.