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 230918.

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 change of use of House in Multiple Occupation (HMO) to serviced apartments (retrospective) at 636 King Street, Aberdeen.

The Chairperson again stated 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; (2) an application dated 27 July 2023; (3) the Decision Notice dated 5 September 2023; (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; and (6) consultee comments from the Council’s Roads and Waste Development Management Teams.

Ms Greene then described the site and outlined the appellant’s proposal which sought planning permission for the change of use of House in Multiple Occupation (HMO) to serviced apartments (retrospective).

Ms Greene indicated that the appointed officer’s reasons for refusal outlined in the report of handling was as follows:-

·       Provided tourist accommodation – LDP Policy VC2 (Tourism and Culture) & NPF4 Policy 30 (Tourism);

·       Benefit to local economy, balanced against loss of residential – currently considered no significant harm through loss of housing;

·       No harm to amenity of area;

·       Adequate amenity for guests for short term stays;

·       Accessible by public transport and active travel – Policy 13 (Sustainable Transport) of NPF4 and LDP Policies T2 (Sustainable Transport) and T3

          (Parking);

·       Refuse storage acceptable - Policy 12 (Zero Waste) of NPF4 and LDP Policy R5 (Waste Management); and

·       Small scale in terms of climate mitigation, climate change, nature crisis and biodiversity no impact NPF4 Policies 1 (Tackling the Climate and Nature Crises) and 2 (Climate Mitigation and Adaptation), Policy 3 (Biodiversity).

Ms Greene highlighted two of the three conditions contained within the Report of Handling, as follows:-

(2) Maximum Length of Customer Stays

That not any one or more of the serviced apartments hereby approved shall be occupied for a period in excess of 90 days in any one calendar year by any one family, individual or group of individuals.

Reason: In order to ensure that the apartments are not used as permanent, mainstream housing, due to the deficit in amenity that would be required for such accommodation.

(3) Time Limit for Serviced Apartment Use

The hereby approved use of the property as serviced apartment accommodation shall expire 5 years following the date of the grant of permission as stated on this notice, unless a further planning permission has been granted for continued use of the property as serviced apartment accommodation in the meantime. Should  ...  view the full minutes text for item 3