Issue - meetings

Members, please note that all plans and supporting documents relevant to the review can be viewed online here and by entering the application reference number 211549.

The LRB 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 installation of replacement windows, erection of outbuildings, formation of steps, handrails, hard and soft landscaping, erection of rear fence, and associated works (partly retrospective) at 68 Rubislaw Den South, Aberdeen, Planning Reference number 211549/DPP. 

The Chairperson advised that Ms Lucy Greene would again be acting as the Planning Adviser to the Body in the following case under consideration this day and reiterated that although the Planning Adviser was employed by the planning authority, she 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.  He 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 the Appointed Officer, Aberdeen City Council (ACC); (2) the original application dated 29 October 2021; (3) the decision notice dated 24 January 2022; (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; and (6) four letters of representation.

The LRB was then addressed by Ms Greene 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.

Ms Greene then described the site advising that it was located on Rubislaw Den South close to the junction with Anderson Drive. The application was approved and included works within the rear garden area, building walls, gazebo and landscaping. As the applicant had pedestrian access only from the front, they had agreed with number 70 to take access via their garden and through the granite rubble wall. The site was located within the Albyn Place/Rubislaw Conservation Area, with the boundary being the edge of the road. The property was Category C listed and subdivided into two flats, with the application premises being the upper section. A listed building consent was submitted for the works covered by the planning application and was approved subject to the same condition which was the subject of the review as follows:-

Within 3 months of the grant of this consent the granite wall located along the western boundary shall be reinstated to its original condition and as detailed on Drawing No: D93 15 A. Reason: To ensure the timeous and appropriate restoration of the site and in the interests of preserving granite on site and providing a suitable level of private amenity for neighbouring properties; therefore, ensuring compliance with Policies D1 (Quality Placemaking by Design), D5 (Our Granite Heritage) and H1 (Residential Areas) of the Aberdeen City Local Development Plan.

Ms Greene outlined the key points from the appellant’s Notice of Review as follows:-

·       that the application was  ...  view the full minutes text for item 2