Local Review Body Minutes

Date:
Friday 16 June 2017
Time:
10:30am
Place:
Council Offices, English Street, Dumfries

Attendance Details

Members:
Andy Ferguson (Chairman)-North West Dumfries
Ian Blake-Abbey
Dougie Campbell-Dee and Glenkens
Patsy Gilroy-Dee and Glenkens
Andrew Giusti-Stranraer and the Rhins
Officials:
Robert Duncan - Independent Planning Adviser
Claire Rogerson - Governance Officer
Item Number Item/Description
PUBLIC
1 APPOINTMENT OF CHAIRMAN FOR THE MEETING

Decision

 

AGREED to appoint Andy Ferguson as Chairman for the meeting.

 

PROCEDURE - Andy Ferguson assumed the role of Chairman for the meeting.

2 SEDERUNT AND APOLOGIES

5 Members present.

3 DECLARATIONS OF INTEREST

NONE declared.

4 PLOTS 1, 3, AND 4, KINGSWAY, KIRKCONNEL - REFUSAL OF PLANNING PERMISSION IN PRINCIPLE FOR ERECTION OF THREE DWELLINGHOUSES (16/P/3/0263)

Decision

 

AGREED

4.1   that the Local Review Body had sufficient information before it to enable it to determine the review; and

4.2   having considered the terms of the Notice of Review before them, and all other relevant associated documents in the review papers, AGREED to reverse the decision of the Appointed Officer that the application for plots 1,3 and 4 at Kingsway, Kirkconnel be APPROVED in principle subject to the following conditions:

 

1a)  That this planning permission in principle will expire three years from the date of this permission unless further application(s) for all of the matters specified in conditions below have been submitted to the planning authority within that time period;
 

1b)  That development in accordance with this planning permission in principle must be commenced within three years of the date of this permission, or within two years of the final approval of matters specified in the conditions below (whichever is later of these two dates).

 

Reason - To accord with the provisions of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006.

 

2.   That no development in respect of this planning permission in principle shall take place unless further application(s), accompanied by plans showing all the matters specified in Conditions 3 to 6 below, have been submitted to and approved by the Council as planning authority.

 

Reason - Permission is hereby granted in principle only and no permission is granted for the details shown on the approved plans. Matters of detail are to be the subject subsequent application(s) for approval by the Council as planning authority.

 

3.   Layout : This shall include cross-sections of the site showing a datum point and final floor levels of the dwelling houses; position of the dwellinghouses within the site; provision for car parking and garaging of vehicles within the curtilage of the site; and details of all accesses, fences, walls and hedges and foul and surface water drainage.

 

Reason - Permission is hereby granted in principle only and no permission is granted for the details shown on the approved plans. Matters of detail are to be the subject subsequent application(s) for approval by the Council as planning authority.

 

4.   Design : This shall include plans, sections and elevations of all buildings and any other structures.

 

Reason - Permission is hereby granted in principle only and no permission is granted for the details shown on the approved plans. Matters of detail are to be the subject subsequent application(s) for approval by the Council as planning authority. 

 

5.   External Appearance : This shall include a specification of the colour and type of all materials to be used on walls, roofs, windows, doors, rainwater goods and any other external finishes to the building.

 

Reason - Permission is hereby granted in principle only and no permission is granted for the details shown on the approved plans. Matters of detail are to be the subject subsequent application(s) for approval by the Council as planning authority.

 

6.   Landscaping: This shall show the treatment of land (other than buildings) forming part of the site, including planting of new trees and shrubs, grassed areas, hedges, retained trees and other retained vegetation, details of level changes, hard surfacing, erection of walls, fences or other means of enclosure, formation of banks, terraces or other earthworks and the layout of gardens, courts and other amenity features designed to provide a landscape setting for the development.

 

Reason - Permission is hereby granted in principle only and no permission is granted for the details shown on the approved plans. Matters of detail are to be the subject subsequent application(s) for approval by the Council as planning authority.

 

7.   That in respect of each proposed dwellinghouse any vehicular access gate shall be not less than 1.5 metres behind the road boundary with 45 degree splays from the gate posts, or that any wall, fence or hedge bounding the site shall be not more than 1 metre in height (as measured from the adjoining road level) for a distance of 1.5 metres on both sides of the access. Any gates shall open into the site only.

 

Reason - In the interests of road safety.

 

8.   That none of the dwellinghouses hereby granted planning permission shall be occupied unless and until visibility areas have been provided on both sides of the access between the public carriageway edge and the line joining two points defined as follows:-
(a) measured 2 metres back along the centre line of the shared access from the nearer edge of the main carriageway; and
(b) measured 43 metres from the centre line of the shared access along the nearer edge of the carriageway of the U530n public road.

 

Reason - In the interests of road safety.

 

9.   That none of the dwellinghouses hereby granted planning permission shall be occupied unless and until everything exceeding 1 metre in height has been removed from the visibility areas referred to in Condition 8 above. Thereafter, nothing exceeding 1 metre in height (as measured from the adjoining carriageway level) shall be grown, placed or erected within the said visibility areas.

 

Reason - In the interests of road safety.

 

10.   That none of the dwellinghouses hereby granted planning permission shall be occupied unless and until the following has been provided within its respective curtilage:-
 

a) an off-street car parking area sufficient for no less than 2 cars; and
b) a turning area in hardstanding sufficient to enable a car to enter and exit the public road in forward gear at all times.


Thereafter, the said parking and turning areas shall be kept clear from obstruction and shall be retained only for that purpose for the lifetime of the development.

 

Reason - In the interests of road safety.

 

11.   That none of the dwellinghouses hereby granted planning permission shall be occupied unless and until:- a) the access to each respective dwellinghouse has been formed with a dropped kerb detail; and b) the access has been trapped and drained to an outfall or soakaway so as to prevent any surface water flowing onto the public road or into the site from the public road.

 

Reason - In the interests of road safety.

 

12. That none of the dwellinghouses hereby granted planning permission shall be occupied unless and until a precise mechanism and details of a precise contribution towards additional education provision within the catchment of the site has been submitted to and agreed in writing with the Council as planning authority. Thereafter, the agreed contribution mechanism shall be implemented prior to each respective dwellinghouse being occupied.

 

Reason - To accord with the Council’s Policy on developer contributions, as expressed in LDP Policy OP3 and associated Supplementary Guidance.

5 MORVEN, 54 HIGH STREET, LOCHMABEN - REFUSAL OF PLANNING PERMISSION FOR REPLACEMENT OF 20 WINDOWS, 2 DOORS AND 1 SET OF PATIO DOORS WITH DOUBLE GLAZED PVC - RETROSPECTIVE (16/1089/FUL)

Decision

 

AGREED

 

5.1   having considered further procedures and the information that an accompanied site visit was necessary, in order for the Local Review Body to determine the review;

 

PROCEDURE - this item was adjourned pending the completion of the site visit, and the meeting on 16 June 2017 continued with the review of item 6 on the agenda.

 

ADJOURNMENT OF MEETING - The meeting adjourned following the completion of item 6 at 1.15pm on Friday 16 June 2017 for the further procedure of a site visit.

 

PROCEDURE - an accompanied application site visit, was arranged for 9.30am on 22 August 2017 where 4 Members attended the visit to the application site being:

 

Andy Ferguson, Ian Blake, Patsy Gilroy, Andrew Giusti with the Independent Planning Adviser, the Governance Officer and the Applicant.
 

RECONVENED the meeting at 10.30am on 22 August 2017 with 4 Members present being:-

 

Andy Ferguson, Ian Blake, Patsy Gilroy and Andrew Giusti.
 

AGREED

5.2   that the Local Review Body had sufficient information before it to enable it to determine the review; and

5.3   having considered the terms of the Notice of Review before them, and all other relevant associated documents in the review papers, AGREED to reverse the decision of the Appointed Officer that the application be APPROVED as an exception to policy on the grounds that in this proposal the quality of replacement doors and windows are sympathetic to the conservation area and enhances characteristic of the property and the conservation area as a whole; and

 

5.4   FURTHER REQUESTED that consideration be given regarding the characteristics of the Lochmaben Conservation Area at an appropriate time in the Local Development Plan process.

6 PENKILN FARM, GARLIESTON, NEWTON STEWART - REFUSAL OF PLANNING PERMISSION FOR ERECTION OF TWO HOLIDAY CHALETS, INSTALLATION OF TWO SEPTIC TANKS AND SOAKAWAYS AND FORMATION OF ACCESSES (16/P/1/0060)

Decision

 

AGREED

6.1   that the Local Review Body had sufficient information before it to enable it to determine the review; and

6.2   having considered the terms of the Notice of Review before them, and all other relevant associated documents in the review papers, AGREED to uphold the decision of the Appointed Officer that the application be REFUSED on the grounds that:
 

The proposed chalet development does not form an extension to an existing site; is not associated physically with an existing hotel; and does not form an integral part of a tourist attraction, facility or outdoor recreation facility. Furthermore, it does not involve conversion of a traditional building or re-use of an existing farm building. As such, the proposal would be contrary to Council development plan policy as stated in Dumfries and Galloway Local Development Plan Policies ED10 and ED2.

 

DISSENT - Andrew Giusti requested that his dissent be recorded in respect of the above decision having failed to secure a seconder for the motion to reverse the decision of the appointed officer and grant planning permission.

7 ANY OTHER BUSINESS DEEMED URGENT BY THE CHAIRMAN DUE TO THE NEED FOR A DECISION

Decision

NOTED that there was no business deemed urgent by the Chairman due to the need for a decision.