Local Review Body Minutes

Date:
Tuesday 22 August 2017
Time:
2:00pm
Place:
Council Offices, English Street, Dumfries

Attendance Details

Members:
David J McKie (Chairman)-North West Dumfries
Douglas Fairbairn-Annandale North
Ivor A Hyslop-Lochar
David James-Castle Douglas and Crocketford
Jane S Maitland-Dee and Glenkens
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 David J McKie as Chairman for the meeting.

 

PROCEDURE - David J McKie assumed the role of Chairman for the meeting. 

2 SEDERUNT AND APOLOGIES

5 Members present.

3 DECLARATIONS OF INTEREST

NONE declared.

4 SITE ADJACENT TO 7 ST DAVIDS STREET, KIRKPATRICK DURHAM - REFUSAL OF APPROVAL OF MATTERS SPECIFIED IN CONDITIONS APPLICATION IN RESPECT OF ERECTION OF DWELLINGHOUSE (APPROVAL OF MATTERS SPECIFIED IN CONDITIONS 2 (LAYOUT), 3 (DESIGN), 4 (EXTERNAL APPEARANCE) AND 5 (LANDSCAPING), OF PLANNING PERMISSION IN PRINCIPLE 16/P/2/0093) (16/1794/ARC)

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 uphold the decision of the Appointed Officer that the application be REFUSED on the grounds that:

 

The proposal is contrary to Policies H2 and OP2 of the Local Development Plan and associated Supplementary Guidance in that the siting and design of the dwellinghouse would fail to have regard to the layout and character to the adjacent dwellings and the surrounding area of which it would form part. Furthermore it does not adhere to the requirements of Condition 2 of planning permission in principal reference 16/P/2/0093.

5 25 ROYAL AVENUE, STRANRAER - REFUSAL OF PLANNING PERMISSION FOR ERECTION OF EXTENSION TO REAR OF DWELLINGHOUSE (17/0393/FUL)

Decision

 

AGREED

 

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

 

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

 

The extension would be too large in size and result in over development of the plot, with insufficient space remaining for garden ground and would be contrary to Dumfries & Galloway Council Local Development Plan Policy H8 and Supplementary Guidance - Alterations and Extension to Houses.

 

MEMBER - Ivor A Hyslop left the meeting - 4 Members present.

6 REAR OF 20 ST JOHN STREET, CREETOWN - REFUSAL OF PLANNING PERMISSION FOR ERECTION OF DWELLINGHOUSE (16/1403/FUL)

VOTE

 

6.1   MOTION by JANE S MAITLAND seconded by DAVID J McKIE to uphold the decision of the Appointed officer and the application be REFUSED on the grounds that the proposal is contrary to Dumfries and Galloway Local Development Plan Policy IN7 (Flooding and Development) and Scottish Planning Policy in that it has not been demonstrated that the development would not lead to an unacceptable flood risk.

 

6.2   AMENDMENT by DAVID JAMES seconded by DOUGLAS FAIRBAIRN to reverse the decision of the Appointed officer and APPROVE the proposal as an exception to policy on the grounds that this is infill development and would add no further flooding risk than the present situation subject to conditions: (1) C107: Visibility - Minor Access, (2) C115: Access Gradients (dwellinghouse) (access) (5) (8) (12.5); (3) C121: Approved Car Parking to be provided - prior to occupation (dwellinghouse), (4) C132: Footway Construction - prior to completion (dwellinghouse) (1.8 (U559w); (5) C134: Surfacing of vehicle access - prior to occupation (dwellinghouse) (5) (access) (U559w); (6) C144: Dwellinghouse - composite requirements (Access to existing road) and (7) a requirement that the development would be built in compliance with approved plans.

 

6.3   On a vote being taken by roll call, Members voted as follows:

 

Motion - 2 votes being:

 

David J McKie and Jane S Maitland.

 

Amendment - 2 votes being:

 

Douglas Fairbairn and David James.
 

There being an equality of votes, the Chairman exercised his right to a casting vote which fell in favour of the Motion.

 

Decision

 

AGREED

 

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

 

6.5   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 proposal is contrary to Dumfries and Galloway Local Development Plan Policy IN7 (Flooding and Development) and Scottish Planning Policy in that it has not been demonstrated that the development would not lead to an unacceptable flood risk.

 

DISSENT - Doug Fairbairn requested that his dissent be recorded in respect of the above decision at 6.4 having failed to secure a seconder for the motion to defer consideration for a further written submission from Dumfries and Galloway Council’s Flood Risk Management Team on the 2011 flooding event with regard to the nature of the flooding which was referred to in the papers together with an indication of flooding at other times.

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.