Local Review Body - 21/10/2025

At a MEETING of the LOCAL REVIEW BODY held remotely on 21st October, 2025.

 

Present:-

 

Bailie Will DAWSON

Councillor Stewart HUNTER

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 cases 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 MEETING OF 19TH AUGUST, 2025

 

The minute of meeting of 19th August, 2025, was submitted and approved.

 

III LOCAL PLANNING REVIEW LRB06/2025 - ERECTION OF DWELLINGHOUSEDEVELOPMENT - 13 PANMURE TERRACE, BROUGHTY FERRY, DUNDEE

 

There was submitted Agenda Note  AN27-2025 giving details of a request for a review of planning permission to refuse planning permission for Erection of Dwellinghouse 13 Panmure Terrace, 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.

 

Thereafter, the Local Review Body considered the documentation submitted and, having taken into account the provisions of the Development Plan, all material considerations, and matters raised at the site visit, upheld the determination of the Appointed Officer and refused application 25/00060/PPPL on the grounds that:

 

1. The proposal does not comply with Policy 10 (including Appendix 4) of the adopted Dundee Local Development Plan, as the development would fail to respect the settlement pattern of the area. 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 23 of National Planning Framework 4, or with Policy 39 of the adopted Dundee Local Development Plan, as the application has failed to demonstrate that an acceptable level of amenity would be achievable for the proposed house. There are no material considerations of sufficient weight to justify 39 of the adopted Dundee Local Development Plan, as the application has failed to demonstrate that an acceptable level of amenity would be achievable for the proposed house. There are no material considerations of sufficient weight to justify approval of the application contrary to the development plan.

 

IV LOCAL PLANNING REVIEW LRB07/2025 CHANGE OF USE OF FORMER BANK(CLASS1A) TO COCKTAIL BAR AND LOUNGE (SUI GENERIS) AND ASSOCIATED EXTERNAL

 

There was submitted Agenda Note  AN29-2025 giving details of a request for a review of planning permission to refuse planning permission for the Change of Use of Former Bank (Class1a) to Cocktail Bar and Lounge (Sui Generis) and Associated External Alterations - 288 Brook Street, 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 review documents were therefore to be taken into consideration by the Local Review Body in reaching their decision.

 

The Local Review Body considered the documentation submitted and, having taken into account the provisions of the Development Plan and all material considerations, upheld the determination of the Appointed Officer and refused application 25/00888/FULL on the grounds that:

 

1. The proposal does not comply with Policy 27 of the adopted Dundee Local Development Plan, as the proposal is to locate a public house outside the City Centre. 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 23 of the Dundee Local Development Plan because the application site is within the retail frontage area of Broughty Ferry District Centre, where only Class 1A or Class 3 uses are supported. The proposed use class is a sui generis licensed cocktail bar and lounge. 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 Policies 14 and 23 of National Planning Framework 4 or Policies 1 and 39 of the Dundee Local Development Plan, as the development proposal would create unacceptable noise and disturbance issues, with particular reference to the relationship between the proposed cocktail bar and lounge and the flatted property above. There are no material considerations of sufficient weight to justify approval of the application contrary to the development plan.

 

4. The proposal fails to comply with Policy 9 of National Planning Framework 4 as the proposal would not be a suitable re-use of the building because it would result in an unacceptable impact on the residential amenity of neighbours. There are no material considerations of sufficient weight to justify approval of the application contrary to the development plan.

 

 

 

 

Will DAWSON, Chair.