Meeting Details

The Minute of the meeting of the Moray Local Review Body dated 25 February 2021 was submitted and approved.

Planning Application 20/01419/APP - Change of use from office workshop to kids club and fitness club at 14 Pinefield Parade, Elgin, Moray, IV30 6AG

Under reference to paragraph 8 of the Minute of the meeting of the Moray Local Review Body (MLRB) dated 25 February 2021, the MLRB continued to consider a request from the Applicant seeking a review of the decision of the Appointed Officer to refuse planning permission on the grounds that:

The proposed change of use is contrary to Moray Local Development Plan (MLDP) 2020 DP1 (i)( a), DP5, Elgin I5 and DP (ii)(a &e) for the following reasons:- 

1. The proposal would introduce an incompatible use into an established industrial area and would create conflict with other existing uses.
   
   
2. The proposal fails to provide for safe access and parking and would give rise to conditions that are detrimental to the safety of road users and pedestrians. 

The Chair stated that, at the meeting of the MLRB on 25 February 2021, it was noted that the Applicant had included a Safety Statement that was not before the Appointed Officer at the time of considering the original planning application therefore it was agreed to defer the case until the next meeting of the MLRB to allow the Appointed Officer the opportunity to consider and comment on the Safety Statement. The Safety Statement was set out in Appendix 2 and the response to the Safety Statement was set out at Appendix 5.

In response to a question from the Chair as to whether the Legal or Planning Advisers had any preliminary matters to raise, both the Legal and Planning Advisers advised that they had nothing to raise at this time.

Having received the Safety Statement and further comment from the relevant Officer, the Chair then asked the MLRB if it had sufficient information to determine the request for review.  In response, the MLRB unanimously agreed that it had sufficient information to determine the case.

Councillor R McLean, having considered the case in detail was of the view that there was considerable community benefit from the proposal and that, as there was already a gym and dog day care in the industrial estate, change of use for the purpose of the proposal was acceptable.  He noted the reasons for objecting to the proposals from the Transportation Service however was of the view that Transportation were being overly cautious therefore moved that the MLRB uphold the appeal and grant planning permission in respect of Planning Application 20/01419/APP as in his opinion, the proposal complies with policies DP1 (Development Principles) and DP5 (Business and Industry) of the MLDP 2020.  This was seconded by Councillor Ross as he was familiar with the area and knew that children walked the route regularly.

Councillor Coy, having considered the case in detail, welcomed the proposal however agreed with the view of the Appointed Officer in that the location of the proposal was not suitable for children and moved, as an amendment, that the MLRB agree to dismiss the appeal and uphold the decision of the Appointed Officer to refuse Planning Application 20/01419/APP.  This was seconded by Councillor Bremner.

On a division there voted:

Accordingly, the Motion became the finding of the Meeting and the MLRB agreed to grant planning permission in respect of Planning Application 20/01419/APP as the proposal complies with policies DP1 (Development Principles) and DP5 (Business and Industry) of the MLDP 2020.

Planning Application 20/01349/APP – Proposed dwellinghouse with integrated garage at Mulben View, Mulben

A request was submitted by the Applicant seeking a review of the decision of the Appointed Officer, in terms of the Scheme of Delegation, to refuse planning permission on the grounds that:

The development is contrary to Policy DP4: Rural Housing and DP1: Development Principles of the Moray Local Development Plan (MLDP) 2020 for the following reasons:

1. It would not fit with the local landscape character of the area and would not be integrated into the surrounding landscape which is characterised by dispersed rural properties with wooded features/setting.
   
   

2. There is not an acceptable level of enclosure, containment and backdrop for a new house.
   
   

3. It would detrimentally alter the rural character of the area by creating the beginnings of ribbon development beside an existing house on a site lacking sufficient visual containment in a prominent location adjacent to a main A class trunk road.

A Summary of Information Report set out the reasons for refusal, together with the documents considered or prepared by the Appointed Officer in respect of the planning application, in addition to the Notice of Review, Grounds for Review and supporting documents submitted by the Applicant.

In response to a question from the Chair as to whether the Legal or Planning Advisers had any preliminary matters to raise, the Planning Adviser advised that he had nothing to raise at this time.  The Legal Adviser advised that the Applicant had included a letter of support from Health and Social Care Moray which he would like the Moray Local Review Body (MLRB) to consider however, if the MLRB wished to take the letter of support into consideration, then it should consider whether any further procedure would be required including deferring the case to allow the Appointed Officer the opportunity to comment on the letter of support.

The Chair sought the agreement of the MLRB to consider the new information and in the meantime defer the case until a future meeting of the MLRB to allow the Appointed Officer the opportunity to comment on the letter of support from Health and Social Care Moray.  This was unanimously agreed.

Councillor Taylor, being Chair of the Moray Local Review Body, chaired the meeting.

In terms of Standing Order 20 and the Councillor's Code of Conduct, there were no declarations from Group Leaders or Spokespersons in regard to any prior decisions taken on how Members will vote on any item on the agenda or any declarations of Members interests in respect of any item on the agenda.