Local Review Body - 15/04/2025
At a MEETING of the LOCAL REVIEW BODY held remotely on 15th April, 2025.
Present:-
Bailie Will DAWSON
Councillor Dorothy McHUGH
Councillor Stewart HUNTER
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 cases 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 MEETING OF 11TH MARCH, 2025
The minute of meeting of 11th March, 2025 was submitted and approved.
III LOCAL PLANNING REVIEW LRB02/2025
PLANNING APPLICATION 24/00332/FULL - ERECTION OF DWELLINGHOUSE - GARDEN GROUND TO REAR OF 182 LONG LANE, BROUGHTY FERRY, DUNDEE
There was submitted Agenda Note AN15-2025 giving details of a request for a review of planning permission for the Erection of Dwellinghouse - Garden Ground to Rear of 182 Long Lane, 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 them reaching their decision. However, in further representations submitted by Broughty Ferry Community Council reference was made to previous applications submitted in respect of this site. Members noted that whilst the previous site history could be a material consideration, every application should be determined on its own merit.
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 site visit, upheld the determination of the Appointed Officer and refused application 24/00332/FULL on the grounds that:-
1. The design and form of the proposed house and associated garden ground is not in keeping with the established character of development in the surrounding Broughty Ferry Conservation Area. The proposal fails to preserve the appearance and character of the Broughty Ferry Conservation Area and is therefore contrary to Policy 7 and Policy 14 of NPF4 and Policy 1, Policy 10, Policy 13 and Policy 51 of the Dundee Local Development Plan 2019. There are no material considerations that would justify laying aside the provisions of the Local Development Plan to grant planning permission.
2. By virtue of the location, scale and layout of the proposed house, views of the original house at 182 Long Lane will be obscured, adversely impacting on its amenity. In addition, the resulting area of private useable garden ground serving the original house will be of a level that is out of scale with the house. Therefore, the proposed house will adversely impact on the amenity of the original house and the character of the Broughty Ferry Conservation Area. The proposal is contrary to Policy 7
of NPF4 and Policy 13 and Policy 51 of the Local Development Plan 2019. There are no other material considerations that would justify laying aside the provisions of the Local Development Plan to grant planning permission.
IV LOCAL PLANNING REVIEW LRB03/2025
PLANNING APPLICATION 24/00497/FULL - ERECTION OF HOUSE - GARDEN GROUND AT 33, RERES ROAD, BROUGHTY FERRY, DUNDEE
There was submitted Agenda Note AN16-2025 giving details of a request for a review of planning permission for Erection of House - Garden Ground at 33 Reres Road, 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 them reaching their decision therefore all documentation should be taken into consideration by the Local Review Body 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 site visit, upheld the determination of the Appointed Officer and refused application 24/00497/FULL on the grounds that:-
1. The proposal fails to comply with Local Development Plan Policy 10 - Design of New Housing as the design and layout does not respect or enhance the character of the surrounding area and would have a detrimental impact on residential amenity particularly to No 31 Reres Road over which there would be intervisibility from garden areas and an overbearing impact over what is currently experienced at the site. Consequently, the proposal fails to comply with National Planning Framework 4 Policy 14 and Local Development Plan Policies 1 and 13 due to failure to comply with the Appendix 4 suburban standard in respect of garden size and impacts to amenity. There are no material considerations of sufficient weight to justify approval of the application contrary to the Development Plan.
2. The proposal fails to comply with National Planning Framework 4 Policy 7d - Historic assets and places and Local Development Plan Policy 51 - Development in Conservation Areas as it does not respect the character and appearance of the streetscape of Reres Road, within Reres Hill Conservation area. The development does not respect the architectural and historic character of the area, nor the existing density and layout when read in relation to adjacent neighbouring properties. It would not preserve nor enhance the conservation area over the current situation at the site. There are no material considerations of sufficient weight to justify approval of the application contrary to the Development Plan.
3. The proposal fails to comply with National Planning Framework 4 Policy 6 and Local Development Plan Policy 35 as the proposal would have an adverse impact upon an existing mature hedgerow and tree which is contrary as the policies provide a presumption in favour of the retention of such natural features. There are no material considerations of sufficient weight to justify approval of the application contrary to the Development Plan.
V LOCAL PLANNING REVIEW LRB04/2025
PLANNING APPLICATION 23/00645/FULL - CHANGE OF USE TO SHORT-TERM LET (RETROSPECTIVE) - 2/1 AND 3/1, 9 BLACKNESS AVENUE, DUNDEE
There was submitted Agenda Note AN17-2025 giving details of a request for a review of planning permission for Change of Use to Short-Term Let (Retrospective) - 2/1 and 3/1, 9 Blackness Avenue, Dundee.
The Planning Adviser gave a brief outline of the application and the reasons for refusal.
The Legal Adviser reminded the Local Review Body that the DPEA Appeal decision relating to Thorter Row was relevant to this review.
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 site visit, reversed the determination of the Appointed Officer and approved application 23/00645/FULL.
Councillor McHugh asked that her dissent be noted.
VI LOCAL PLANNING REVIEW LRB05/2025
PLANNING APPLICATION 24/00797/FULL - SUB-DIVISION OF FLAT TO FORM 2 FLATS AND ASSOCIATED ALTERATIONS - G/2, 166 LONG LANE, BROUGHTY FERRY, DUNDEE
There was submitted Agenda Note AN19-2025 giving details of a request for a review of planning permission for Sub-Division of Flat to Form 2 Flats and Associated Alterations - G/2 166 Long Lane, 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 them reaching their decision therefore all documentation should be taken into consideration by the Local Review Body during its deliberations.
The Local Review Body considered the documentation submitted and, after discussion, agreed to hold an accompanied site visit (subsequently arranged for 20th May, 2025) and asked that the applicant grant them access to the adjacent property to see how the sub-division would affect the property and also to have access to the property itself.
Will DAWSON, Chair.