Fife Planning Review Body
FPRB Reference J8.36.167
Review Decision Notice
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Decision by Fife Planning Review Body (the FPRB)
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Site address: 76F James Street, Dunfermline.
Application for review by Mr Andrew Bushell against the decision by an appointed
officer of Fife Council.
Application 13/02389/FULL for planning permission for 2 dormer extensions to front
and dormer extension to rear of flat.
Application Drawings: FC Ref 13/02389/FULL -01 Existing Various e.g. elevation,
floor plan etc., FC Ref 13/02389/FULL -02 Existing Elevations, FC Ref
13/02389/FULL -03 Sectional Details, FC Ref 13/02389/FULL -04 Existing Various
e.g. elevation, floor plan etc., FC Ref 13/02389/FULL -05 Proposed Elevations, FC
Ref 13/02389/FULL -06 Floor Plan Proposed, FC Ref 13/02389/FULL -07 Sectional
Details, FC Ref 13/02389/FULL -08 Proposed Various – elevations, floor plan etc.,
FC Ref 13/02389/FULL -09 Design and/ or Access Statement.
No site Inspection took place.
Date of Decision Notice: 8th May, 2014
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Decision
The FPRB varies the determination reviewed by them and refuses Planning
Permission for the reason set out on section 4.0.
1.0
Preliminary
1.1
This Notice constitutes the formal decision notice of the Local Review Body as
required by the Town and Country Planning (Schemes of Delegation and Local
Review Procedure) (Scotland) Regulations 2013.
1.2
The above application for planning permission was considered by the FPRB at its
meeting on 21st April 2014. The Review Body was attended by Councillor Kay
Morrison (Chair), Councillor Bill Connor, Councillor Lawrence Brown and Councillor
John Wincott.
2.0
Proposal
2.1
The application relates to a top/2nd floor flat in a traditional, unlisted, 3-storey
terraced tenement block. The property is currently located within the Dunfermline
Town Centre and Outstanding Conservation Area (DTC). This application is for 2
canted dormer extensions to the south-facing (front) elevation and a box dormer
extension to the north-facing (rear) elevation of the flat.
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2.2
The boundary of the DTC Conservation Area was reviewed as part of the
Dunfermline and West Fife Local Plan process and the boundary was altered within
the Adopted Plan removing the application site from the Conservation Area. The
legal boundary of the Conservation Area still remains as per the original designation.
A Conservation Area variation order has not yet been progressed therefore, legally,
the application site is still within a Conservation Area, albeit one that will be formally
changed through due legal process.
3.0
Reasoning
3.1
The determining issue in this review was the visual impact the dormer extensions
would have on the host property and the surrounding area. The FPRB considered
the terms of the Development Plan which comprises the Approved SESplan (2013)
and the Adopted Dunfermline and West Fife Local Plan (2012). The FPRB also
considered Fife Council’s Planning Customer Guidelines on Dormer Windows. The
FPRB were content that the SESplan is a strategic document and as such would not
be relevant to the assessment of this review.
3.2
The FPRB noted the terms of the policy E7 of the Local Plan which seeks to ensure
that the design of new development respects the character of the Conservation Area.
The FPRB body noted that whilst legally the application site was within a
Conservation Area, the change to the Conservation Area boundary within the
Adopted Local Plan was a material consideration. The FPRB therefore agreed that
for all intents and purposes of assessing a planning application against the
Development Plan the application was not within the Conservation Area. The FPRB
therefore noted that Policy E7 was not directly relevant to this review.
3.3
The FPRB noted the terms of Policies E2 and E4 which requires new development
to respect the character, appearance and prevailing pattern of development of the
surrounding townscape or locale in terms of scale, massing, design and external
finishes and must make a positive contribution to its immediate environment by
demonstrating well thought out design, and high standards of architecture in terms of
form, scale, layout, detailing and choice of materials. The FPRB were also aware of
the supplementary guidance contained within Fife Council’s Planning Customer
Guidelines on Dormer Windows.
3.4
The FPRB noted that the proposed dormer windows on the front elevation were
designed to be in keeping with the character of a traditional building yet the issue in
the assessment was the effect of their installation on the whole building. The FPRB
noted that the terraced building has a prominent façade with an unbroken roof line.
There are no dormers or modern rooflights on the main elevation of the building. The
FPRB therefore considered that the introduction of dormer windows on the front
(James Street) elevation would detract from the strong, unbroken roof line and would
disrupt the uniform aspect of the building. This would have a detrimental effect on
the building’s character and the rest of the terrace. The front dormers would
therefore fail to meet the policy tests set by E2 and E4 summarised above. The
FPRB also noted that if these dormers were repeated on other parts of the terrace a
precedent may be set that would permit additional dormer windows which would
further erode the overall quality of this prominent traditional building.
3.5
The FPRB were content that the dormer to the rear of the building did not alter the
character of the building given that it is on a non-public elevation and agreed that in
-3its own right the rear dormer could be supported. The FPRB were aware that the
review concerned dormers to the front and rear and the scheme as a whole could
only be approved or refused in its entirety.
4.0
Conditions and Reasons
4.1
The FPRB decided that planning permission should be refused for the following
reason:1. The proposed front dormers are considered unacceptable and contrary to
Policies E2, and E4 of the Adopted Dunfermline and West Fife Local Plan (2012)
and Fife Council's Approved Planning Customer Guidelines on Dormer
Extensions in terms of their prominent location, size and design. All to the
detriment of the character, appearance and setting of the property itself, the
traditional block it is part of and the wider streetscene in general. If approved, the
dormers would also set a precedent that, if repeated, would cause a significant
impact on the character of the traditional block located on a prominent site within
Dunfermline Town Centre.
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Iain Matheson,
Chief Legal Officer.
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NOTICE TO ACCOMPANY REFUSAL ETC.
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997
Notification to be sent to applicant on refusal of planning permission or
on the grant of permission subject to conditions
NOTICE TO ACCOMPANY REFUSAL ETC.
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997
Notification to be sent to applicant on determination by the planning authority of an
application following a review conducted under section 43A(8).
1.
If the applicant is aggrieved by the decision of the planning authority (a)
(b)
(c)
to refuse permission for the proposed development;
to refuse approval, consent or agreement required by a condition imposed on
a grant of planning permission; or
to grant permission or approval, consent or agreement subject to conditions,
the applicant may question the validity of that decision by making an application to
the Court of Session. An application to the Court of Session must be made within 6
weeks of the date of the decision.
2.
If permission to develop land is refused or granted subject to conditions and the
owner of the land claims that the land has become incapable of reasonably
beneficial use in its existing state and cannot be rendered capable of reasonably
beneficial use by the carrying out of any development which has been or would be
permitted, the owner of the land may serve on the planning authority a purchase
notice requiring the purchase of the owner of the land’s interest in the land in
accordance with Part V of the Town and Country Planning (Scotland) Act 1997.