Local Review Body - 06/02/2024

At a MEETING of the LOCAL REVIEW BODY held remotely on 6th February, 2024.

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 LRB02/2024

PLANNING APPLICATION 22/00532/FULL ERECTION OF 2 METRE FENCE (RETROSPECTIVE), 2 NESBITT STREET, DUNDEE

There was submitted Agenda Note  AN6-2024 giving details of a request for a review of planning permission for erection of a two metre fence (retrospective), 2 Nesbitt 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 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 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 application 22/00532/FULL under review for the following reason:-

1. The height and siting of the fence detracts from the character of the property and its setting, and the otherwise open urban form of the streetscape of Nesbitt Street. The design and scale of the fencing is incongruous and visually intrusive with its residential setting. This is exacerbated by its prominent corner location. The proposal fails to comply with Policy 16(g) of the National Planning Framework 4 and Policy 11 of the Dundee Local Development Plan 2019. There are no material considerations that would warrant approval of planning permission in this instance.

Will DAWSON, Chair.