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 application for the formation of a driveway to the front of 16 Don Terrace, Aberdeen, Planning Reference 180912.

The Chairperson advised that the LRB would again be addressed by Mr Gavin Evans and reminded Members that although Mr Evans 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.

In relation to the application, the LRB had before it (1) a delegated report by Ms Sheila Robertson, Planning Technician; (2) the decision notice dated 13 August 2018; (3) links to the plans showing the proposal and planning notices referred to in the delegated report; (4) a letter of representation; and (5) the application and Notice of Review submitted by the applicant along with an accompanying statement with further information relating to the application.

At this juncture, Mr Evans advised Members that the applicant had raised the matter of a letter from his doctor in the Notice of Review, relating to a health condition, and that this information had not been available to the appointed officer at the time of the original decision being made on the application.  Members were reminded that the LRB must only consider information which was before the appointed officer at the time the determination being reviewed was made unless it could be demonstrated: -

·         that the new material could not have been raised before that time; or

·         that it not being raised before that time was a consequence of exceptional circumstances.

The Chairperson stated that the LRB could either decide to not consider the additional information or to seek an additional written submission from the applicant as to why the information had not been raised with the appointed officer.

Members unanimously agreed to request that the applicant provide written information in respect of why the additional information could not have been raised at the time of considering the application being reviewed. 

It was therefore agreed to defer consideration of the application until such time as the above information had been received and circulated to interested parties for comment.