Issue - meetings

The Local Review Body then considered the second request for a review to evaluate the decision taken by an appointed officer under the Council’s Scheme of Delegation to refuse the request for planning permission for the replacement windows to front of the flat at 12D Nellfield Place Aberdeen, 160537.

The Chairperson advised that the LRB would now be addressed by Ms Lucy Greene and stated that although the Planning Adviser was employed by the planning authority shehad not been involved in any way with the consideration or determination of the application under review and was present to provide factual information and guidance to the Body only.  He emphasised that the officer would not be asked to express any view on the proposed application.

In relation to the application, the Local Review Body had before it (1) a delegated report by Mr Tom Walsh, Planning Technician; (2) the decision notice dated 22 June 2016; (3) plans showing the proposal; (4) links to the planning policies referred to in the delegated report; and (5) the Notice of Review submitted by the applicant’s agent along with an accompanying statement.

Ms Greene advised that the submitted Notice of Review was found to be valid and submitted within the relevant timeframes.

Ms Greene provided a description of the application and advised that the appeal related to the proposed replacement of the existing timber windows with uPVC windows.   Ms Greene explained that the property was contained within the Great Western Road conservation area and the application had been approved with a condition attached, which read “that the window(s) hereby approved shall be constructed in full accordance with the detailed cross section(s) submitted and approved shall not exceed 25mm in width at the top and sides of the window opening with the remainder of the frame being concealed behind the masonry window check, unless the planning authority has given prior written approval for a variation – in order to preserve the character of the conservation area.”  The applicant was appealing the condition. 

In regards to planning policies, Ms Greene advised that the Scottish Planning Policy, and policies D5 and H1 were all relevant.  Material considerations included the Scottish Historic Environment Policy, The Repair and Replacement of Windows and doors, “Windows” guidance note from Historic Scotland’s Managing Change in the Historic Environment series and the proposed Aberdeen Local Development plan.

The Grounds of Appeal Statement which accompanied the Notice of Review advised that (a) a surveyor looked at the property and confirmed that the sides, 15mm of each proposed window would be hidden behind the stone jambs, () that at the top of the window, 10mm would be hidden behind the lintel and (c) by their calculations, 53mm of the frame would be visible at the sides and 45mm would be visible at the top.

The delegate report advised that the stated reason for the application being approved conditionally was as follows:-

that the window(s) shall be constructed in full accordance with the detailed cross  ...  view the full minutes text for item 2