Issue - meetings

The Local Review Body (LRB) of Aberdeen City Council met on this day to review the decision taken by an appointed officer under the Council’s Scheme of Delegation to refuse the request for planning permission for the erection of a garage/hobby workshop to the rear of 24 Rubislaw Den South, Aberdeen, Planning Reference 180328DPP.

Councillor Boulton as Chairperson gave a brief outline of the business to be undertaken.  She indicated that the LRB would be addressed by the Assistant Clerk, Mr Mark Masson with regards to the procedure to be followed and also, thereafter, by Mr Gavin Evans who would be acting as the Planning Adviser to the Body in the case under consideration this day.

The Chairperson stated that although the Planning Adviser was employed by the planning authority, he had 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.  She emphasised that the officer would not be asked to express any view on the proposed application.

The Local Review Body was then addressed by Mr Masson, Assistant Clerk in regards to the procedure to be followed, at which time reference was made to the procedure note circulated with the papers calling the meeting and to more general aspects relating to the procedure.

In relation to the application, the LRB had before it (1) a delegated report by Sheila Robertson, Planning Technician; (2) the application dated 7 March 2018; (3) the decision notice dated 9 May 2018 (4) links to the plans showing the proposal and planning policies referred to in the delegated report; and (5) the Notice of Review submitted by the applicant along with an accompanying statement with further information relating to the application.

The LRB was then addressed by Mr Evans who advised that the review had been submitted with all necessary information within the time limit of three months following the decision of the appointed officer, however he then indicated that new evidence presented by the applicants in relation to the condition of the boundary wall had been submitted and therefore required approval from the LRB to accept the letter as part of the proceedings.

Mr Templeton, Legal Advisor indicated that the new information, which was not before the planning officer, could only be taken into account where (a) that the matter could not have been raised before that time; or (b) that it not being raised before that time was a consequence of exceptional circumstances.

The Local Review Body agreed to accept the new evidence in to the proceedings as they were satisfied that the information could not have been submitted earlier.

Mr Evans then described the site advising that it was a detached 2 storey dwelling, constructed in grey granite and situated on the northern side of Rubislaw Den South within a large feu. The rear garden extended to more than 40m and adjoins Rubislaw Den itself, to which access is afforded  ...  view the full minutes text for item 1