Local Review Body Minutes

Date:
Friday 26 January 2018
Time:
10:30am
Place:
Council Offices, English Street, Dumfries

Attendance Details

Members:
David J McKie (Chairman)-North West Dumfries
Ian Blake-Abbey
Jim McColm-Mid Galloway and Wigtown West
John Young-Castle Douglas and Crocketford
Officials:
Robert Duncan - Independent Planning Adviser
Claire Rogerson - Governance Officer
Apologies:
Andrew Giusti - Stranraer and the Rhins
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

4 Members present and 1 apology.

3 DECLARATIONS OF INTEREST

Jim McColm declared an interest in item 6 by virtue of the fact that the dwellinghouse was the former McColm family home and had determined having taken advice that his interest was such that he would leave the meeting during consideration of this item.

4 NORTH CRAIGS FARM, WATERBECK - REFUSAL OF PLANNING PERMISSION IN PRINCIPLE FOR ERECTION OF DWELLINGHOUSE (17/0982/PIP)

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 be APPROVED on the grounds that this development would comply with Local Development Plan Policy H3 as it would be well related to a Small Building Group and it has been demonstrated that there is an essential need for a dwellinghouse at this location for agriculture and rural business use subject to conditions:

 

(1)  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 2 to 5 below, have been submitted to and approved by the Council as planning authority.

 

(2)   Layout : This shall include cross-sections of the site showing a datum point and final floor levels of the dwellinghouse; position of the dwellinghouse 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.

 

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

 

(4)   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.

 

(5)   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.

 

(6)   That the dwellinghouse hereby granted planning permission shall not be occupied by any person or persons other than the owner, manager or other full time employee of the associated agricultural business indicated within the application and any immediate family or dependants of such person or persons.

 

(7)   That the dwellinghouse hereby granted planning permission shall not be occupied unless and until the access has been trapped and drained to an outfall or soakaway so as to prevent any surface water flowing onto the public roads or into the site from the public road. Thereafter, this arrangement shall be retained for the lifetime of the development unless otherwise agreed in writing with the Council as planning authority.

 

(8)   That the dwellinghouse hereby granted planning permission shall not be occupied unless and until the gradient of the access for the first 5 metres has been formed so as to be no greater than 8% (1 in 12.5). Thereafter, this arrangement shall be retained for the lifetime of the development unless otherwise agreed in writing with the Council as planning authority.

 

(9)   That the dwellinghouse hereby granted planning permission shall not be occupied unless and until the proposed vehicular access at its junction with the B722 public road has been formed so as to be 3.5 metres wide for the first 5 metres from the public road and has been constructed with 3.5 metre radius curves. Thereafter, this arrangement shall be retained as such for the lifetime of the development unless otherwise agreed in writing with the Council as planning authority.

 

(10)   That the dwellinghouse hereby granted planning permission shall not be occupied unless and until the first 5 metres of the vehicular access from the B722 public road has been surfaced in bituminous materials (or such other material as may be agreed in writing by the planning authority). Thereafter, this arrangement shall be retained as such for the lifetime of the development unless otherwise agreed in writing with the Council as planning authority.

 

(11)   That the dwellinghouse hereby granted planning permission shall not be occupied unless the following have been provided within the application site:-
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.

 

Reasons

1.   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 of subsequent application(s) for approval by the Council as planning authority.

2.   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 of subsequent application(s) for approval by the Council as planning authority.

3.   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 of subsequent application(s) for approval by the Council as planning authority.

4.   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 of subsequent application(s) for approval by the Council as planning authority.

5.   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 of subsequent application(s) for approval by the Council as planning authority.

6.   In order to define the terms of this planning permission and to ensure that the dwellinghouse hereby granted permission in principle is occupied by those who require to be reside here in connection with the associated agricultural business, which the LRB took as the partial basis for justifying the grant of permission in principle.

7.   In the interests of road safety.

8.   In the interests of road safety.

9.   In the interests of road safety.

10.   In the interests of road safety.

11.   In the interests of road safety.

 

Advisory Directives

1.   In order to comply with Section 59(2) of the Town and Country Planning (Scotland) Act 1997 (as amended), 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 attached to this permission have been submitted to the planning authority within that time period.

 

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 conditions (whichever is later of these two dates).

 

2.   Please note that there is now a formal requirement for the developer to notify the Council as planning authority of Initiation of Development and Completion of Development. The relevant forms are enclosed for your use. Additional forms can be collected from planning offices or downloaded from www.dumgal.gov.uk/planning.

 

3.   The developer must contact the Development Team Leader (Annandale & Eskdale) prior to the commencement of works on site for information and specification details on:-
1.   Road Opening Permit.

2. The Road Network Team can be contacted at EEI, Cargen Tower, Garroch Business Centre, Dumfries, DG2 8PN (Tel: 01387 271100).

5 29 HARDTHORN AVENUE, DUMFRIES - REFUSAL OF PLANNING PERMISSION FOR FORMATION OF BOX DORMER ON REAR ELEVATION OF DWELLINGHOUSE (17/1398/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 uphold the decision of the Appointed Officer that the application be REFUSED on the grounds that:

 

The massing, scale and design of the dormer fails to preserve or enhance the scale and character of the existing dwellinghouse and would be contrary to Dumfries & Galloway Local Development Plan Policy H8 and Supplementary Guidance - Alterations and Extension to Houses.

 

MEMBER - Jim McColm left the meeting - 3 Members present

6 10 AGNEW CRESCENT, WIGTOWN - REFUSAL OF PLANNING PERMISSION FOR INSTALLATION OF 9 REPLACEMENT WINDOWS WITH DOUBLE GLAZED UPVC (17/1131/FUL)

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 windows are contrary to Dumfries and Galloway Local Development Plan policies HE1 and HE2 on the grounds that the use of modern UPVc materials along with detailing and design are unsympathetic and damaging to the historic character and appearance of the listed building and conservation area and do not contribute to the building’s listing.

 

MEMBER - Jim McColm re-entered the meeting - 4 Members present

7 HAZELBANK FARM, BORELAND, LOCKERBIE - REFUSAL OF PLANNING PERMISSION IN PRINCIPLE FOR ERECTION OF DWELLINGHOUSE (17/1191/PIP)

Decision

 

AGREED

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

7.2   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 be APPROVED on the grounds that this development would comply with Local Development Plan Policy H3 as it has been demonstrated that there is an essential need for a dwellinghouse at this location for agriculture and rural business use subject to conditions:

 

(1)   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 2 to 5 below, have been submitted to and approved by the Council as planning authority.

 

(2)   Layout : This shall include cross-sections of the site showing a datum point and final floor levels of the dwellinghouse; position of the dwellinghouse 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.

 

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

 

(4)   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.

 

(5)   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.

 

(6)   That the dwellinghouse hereby granted planning permission shall not be occupied by any person or persons other than the owner, manager or other full time employee of the associated agricultural business at Hazelbank Farm indicated within the application and any immediate family or dependants of such person or persons.

 

(7)   That the dwellinghouse hereby granted planning permission shall not be occupied unless the following have been provided within the application site:-
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.

 

Reasons

1.   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 of subsequent application(s) for approval by the Council as planning authority.

2.   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 of subsequent application(s) for approval by the Council as planning authority.

3.   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 of subsequent application(s) for approval by the Council as planning authority.

4.   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 of subsequent application(s) for approval by the Council as planning authority.

5.   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 of subsequent application(s) for approval by the Council as planning authority.

6.   In order to define the terms of this planning permission and to ensure that the dwellinghouse hereby granted permission in principle is occupied by those who require to be reside here in connection with the associated agricultural business, which the LRB took as the basis for justifying the grant of permission in principle.

7.   In the interests of road safety.


Advisory Directives

1. In order to comply with Section 59(2) of the Town and Country Planning (Scotland) Act 1997 (as amended), 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 attached to this permission have been submitted to the planning authority within that time period.

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 conditions (whichever is later of these two dates).

2. Please note that there is now a formal requirement for the developer to notify the Council as planning authority of Initiation of Development and Completion of Development. The relevant forms are enclosed for your use. Additional forms can be collected from planning offices or downloaded from www.dumgal.gov.uk/planning.

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

Decision

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