Agenda and minutes

The agenda, reports and recording associated with this meeting can be viewed here.

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 231206.

The Local Review Body (LRB) of Aberdeen City Council met on this day to consider a 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 of lower ground floor to short term let accommodation (sui generis) with maximum occupancy of 4 people at 5 Westfield Terrace, Aberdeen.

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 29 September 2023; (3)  the Decision Notice dated 4 September 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 Waste and Roads Development Management Teams; and two letters of representation which were not before the case officer when a decision on the application was made.

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 proposed change of use of the lower ground floor to short term let accommodation would adversely affect the residential amenity afforded to the upper floor residential dwelling on the basis that it would adversely affect the sense of security and privacy afforded to the occupants of that dwelling. The proposal therefore conflicts with Policies 30 (Tourism and Culture) and 14 (Design, Quality and Place) of National Planning Framework 4 and Policies H1 (Residential Areas), D1 (Quality Placemaking) and D2 (Amenity) of the Aberdeen Local Development Plan 2023.

·       Whilst the applicant is currently the owner and resident of the upper storey dwelling and would intend to be the owner and operator of the proposed short term let accommodation at lower ground floor level, the conflicts between uses would arise if the owner  ...  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 240985.

The LRB then considered the second request to review 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 of flat to a Short Term Let accommodation (sui generis) with maximum occupancy of 2 people at 24 Picardy Court, Rose Street, Aberdeen.

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 draft delegated report by the Appointed Officer, Aberdeen City Council; (2) an application dated 20 August 2024; (3)  the Decision Notice dated 15 October 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 Waste and Roads Development Management Teams; and four letters of representation, one of which was not before the case officer when a decision on the application was made.

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 proposal would introduce a second short term let (STL) in a block of three flats. This would result in a harmful cumulative amenity impact for the remaining property in mainstream residential use from the loss of residential character of the internal communal area and a cumulative level of activity from comings and goings of multiple STLs as well as a high concentration of unknown guests within the block. The proposed use is therefore contrary to Policy H1 (Residential Areas) of the Aberdeen Local Development Plan 2023 (ALDP) and Policy 30 (Tourism), paragraph (e) part i) of National Planning Framework 4 (NPF4).

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

·       Flat was on the ground floor which would minimise disturbance and noise;

·       Nature of the STL with max 2 guests, targeted at performing arts, therefore parties were less likely;

·       Applicant committed to measures in place to minimise disturbance;

·       Less disturbance compared to students or family, as guests out in day;

·       Security – would meet guests and lockbox number would be changed regularly;

·       Owner lived ten minutes away and would be responsible for maintenance and condition; and

·       Referred to top floor resident letter (new matter).

In terms of consultation responses, Ms Greene advised that the Waste and Roads Teams had no objection. That there was no comments  ...  view the full minutes text for item 2.

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 241057.

The LRB then considered the third request to review 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 of flat to Short Term Let accommodation (sui generis) with maximum occupancy of 6 people at flat 5, 17 Northfield Place, Aberdeen.

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 draft delegated report by the Appointed Officer, Aberdeen City Council; (2) an application dated 10 September 2024; (3)  the Decision Notice dated 14 November 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 Waste and Roads Development Management Teams.

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 comings and goings from the use of the property as a short-term let (STL) by up to six frequently changing transient adults, alongside those from the cleaners after each visit, would unacceptably intensify the use of the property over and above what would be expected from its use as a permanent residence, to the detriment of the amenity of the other properties in the building with respect to noise transmission, movement within the building, the use of the garden and their sense of security. The size of the three-bedroom flat compared to the remaining one bedroom flats within the block would result in the proposed STL use impacting on the quiet residential character of the block and worsening the amenity impacts on the neighbouring flats. The proposal therefore does not comply with Policy 30 (Tourism) of National Planning Framework 4 (NPF4) and Policy H1 (Residential Areas) of the Aberdeen Local Development Plan 2023.

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

·       To address concerns about disturbance, wish would be to reduce to three guests;

·       Mainstream use could result in more people;

·       Concerns about noise and disturbance could be addressed by strict guest policies, including quiet hours and limits on visitors;.

·       Applicant committed to measures in place to minimise disturbance;

·       Contributed to diversity of accommodation to support local economy; and

·       High quality accommodation in central area and flat was empty before purchase and refurbishment.

In terms of consultation responses, Ms  ...  view the full minutes text for item 3.