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 240093.

The Local Review Body (LRB) of Aberdeen City Council met on this day to consider review of the decision taken by an appointed officer under the Council’s Scheme of Delegation for the refusal of the application for the change of use from dwellinghouse to short term let accommodation with maximum occupancy of 12 people at 57 Spital, Aberdeen, AB24 3HX.

Councillor McRae as Chair for the meeting, 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 thereafter, by Ms Lucy Greene 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, 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.

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 draft delegated report by the Appointed Officer, Aberdeen City Council; (2) an application dated 27 January 2024; (3)  the Decision Notice dated 6 June 2024; (4) links to the plans showing the proposal and planning policies referred to in the draft delegated report; (5) the Notice of Review submitted by the applicant/agent; and (6) consultee correspondence from the Council’s Environmental Health, Waste and Recycling and Roads Development Management Teams; and two letters of representation.

Ms Greene then described the site and outlined the appellant’s proposal for detailed planning permission.

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

·       The change of use to short term let accommodation with a maximum occupancy of twelve people would have a significant adverse impact on the amenity afforded to the neighbouring residential occupants in the area in terms of noise and their actual or perceived impact on safety and security and would have a direct conflict with the adjacent land uses. The proposal conflicts with Policies14 (Design, Quality and Place) of National Planning Framework 4, as well as H2 (Mixed Use Areas), D1 (Quality Placemaking) and D2 (Amenity) of the Aberdeen Local Development Plan 2023. There are no material considerations that would justify approval.

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

·       Property had been managed by company on behalf of applicant since 2018;

·       Previously operated as HMO for 6;

·       It was large with 3 bathrooms/WC, large communal areas and garden;

·       Queries whether  ...  view the full minutes text for item 1

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 240297.

The LRB then considered the fourth 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 Detailed Planning Permission for the replacement of external doors with flood mitigation doors and installation of barrier to an existing roller shutters at 12 - 12A Virginia Street, planning reference 240297.

The Chairperson stated that although the Planning Adviser for the LRB 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 and decision notice by the Appointed Officer, Aberdeen City Council; (2) an application dated 8 March 2024 (3) links to the plans showing the proposal and planning policies referred to in the delegated report; (4) and the Notice of Review submitted by the agent. 

Ms Greene then described the site and outlined the appellant’s proposal.   The application site related to a category ‘C’ listed, five-storey and attic warehouse built for the Shore Porters Society in 1897 set on the corner of Virginia Street and Shore Lane to the northwest and southwest, respectively. The proposal related to three timber single doors and a roller shutter door on the northwest elevation of the building. The application site lay in the City Centre Conservation Area.

In terms of the proposal, Detailed Planning Permission was sought for the installation of replacement doors for the three existing timber doors on the northwest elevation. The proposed doors would be steel-reinforced uPVC flood doors finished in RAL 5000 Violet Blue. One of the doors would incorporate raised ‘moulding’ panelling and the other two doors would have no moulding details. The proposal also sought to install a rapid assembly floor barrier to the front of the existing roller shutter door which would measure 720mm in height from the ground level. This would be formed of two permanent aluminium side tracks fixed to the building and a removable barrier with two posts which can be deployed when required. The works were proposed by Scottish Water in order to provide mitigation against sewer flooding on Virginia Street, which they advised occurred on an increasingly frequent basis due to climate change, and had seen the building’s interior flooded in recent years.

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

The use of PVC for the replacement of existing timber doors would not preserve or enhance the special character or historic and architectural interest of the listed building and would fail to preserve or enhance the character and appearance of the City Centre Conservation Area. The proposed doors were not of a high quality design, sympathetic to the historic character of  ...  view the full minutes text for item 4