Local Review Body - 03/05/2024

At a MEETING of the LOCAL REVIEW BODY held remotely on 3rd May, 2024.

Present:-

Bailie Will DAWSON

Councillor Mark FLYNN

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 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 MINUTES OF PREVIOUS MEETINGS

The minutes of meetings of 6th February, 2024 and 12th March, 2024 were submitted and noted.

III LOCAL PLANNING REVIEW LRB03/2024

PLANNING APPLICATION - ERECTION OF A DWELLINGHOUSE - LAND BETWEEN 60 AND 62 FINTRY PLACE, BROUGHTY FERRY, DUNDEE.

There was submitted Agenda Note  AN11-2024 giving details of a request for a review of planning permission for the erection of a dwellinghouse at land between 60 and 62 Fintry Place, 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 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 23/00606/FULL under review for the following reasons:-

1. The proposal does not comply with Policy 14 of National Planning Framework 4, or with Policy 10 (including Appendix 4) of the adopted Dundee Local Development Plan, as the development would fail to provide sufficient private, usable garden ground. The development would also fail to respect and enhance the character of the area, would result in overdevelopment of the site and have a detrimental impact on residential amenity due to overbearing scale. There are no material considerations of sufficient weight to justify approval of the application contrary to the development plan.

2. The proposal does not comply with Policy 14 of National Planning Framework 4, or with Policy 1 of the adopted Dundee Local Development Plan, because the development would not respect or enhance the character of the surrounding built environment, nor reinforce the identity of the area. There are no material considerations of sufficient weight to justify approval of the application contrary to the development plan.

3. The proposal does not comply with Policy 7 of National Planning Framework 4, or with Policy 51 of the adopted Dundee Local Development Plan, as it does not respect the character and appearance of Forthill Conservation Area by virtue of scale, positioning and design. There are no material considerations of sufficient weight to justify approval of the application contrary to the development plan.

4. The proposal does not comply with Policy 13 of National Planning Framework 4, as the application has failed to provide sufficient secure bicycle storage within the site. There are no material considerations of sufficient weight to justify approval of the application contrary to the development plan.

Will DAWSON, Chair.