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 extension to the side and front and associated alterations to the boundary wall and formation of a hard surface access/driveway; and formation of two windows to the rear of 25 Westfield Terrace, Aberdeen, Planning Reference 191897/DPP.

Councillor Boulton as Chair, gave a brief outline of the business to be undertaken, advising 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 following 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 regard 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 Roy Brown, Planning Trainee; (2) the application dated 20 December 2019; (3) the decision notice dated 26 June 2020; (4) links to the plans showing the proposal and planning policies referred to in the delegated report; (5) the Notice of Review submitted by the applicant’s agent along with an accompanying statement with further information relating to the application; and (6) a letter of representation submitted by the Roads Management Team.

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. He made reference to the notice of review and review statement, wherein a new matter was raised by the applicant in terms of an assertion that the proposed garage would accommodate an electrical vehicle and associated charging infrastructure, and remove access to the rear of the property if the application was approved. In this regard, as these matters were not covered within the original application but only referred to in informal discussions with the case officer, the LRB members would be required to decide whether they take these new matters into consideration as part of the review, having regard to the relevant legal tests.

The LRB members received legal advice, thereafter members agreed unanimously that there was no good reason or exceptional circumstances provided by the applicant to consider the new matter, therefore they  ...  view the full minutes text for item 1