Agenda and minutes

The agenda and reports associated with this minute can be found at:-

http://committees.aberdeencity.gov.uk/ieListDocuments.aspx?CId=284&MId=2951&Ver=4

Please note that the ward information on the report is incorrect, and this application is actually in the Lower Deeside ward.

The Local Review Body of Aberdeen City Council met this day to review the decision taken by an appointed officer under the Council’s Scheme of Delegation to refuse the request for removal of Condition No. 1 and Condition No. 4 of the conditional planning permission for The Endrig, Auchlea Farm, Kingswells (ref 92/0424).

Councillor Milne, as Chairperson, gave a brief outline of the business to be undertaken.  He indicated that the Local Review Body would be addressed by the Assistant Clerk, Mrs Dunsmuir, as regards the procedure to be followed and also, thereafter, by Mr Kristian Smith, who would be acting as the Planning Adviser to the Body in the 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.  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 the Assistant Clerk as regards the procedure to be followed, at which time reference was made to the procedure note circulated with the papers calling the meeting and to certain more general aspects relating to the procedure.

Mr Smith explained that the application which was the subject of the review was for the removal of Condition No. 1 and Condition No. 4 of the conditional planning permission granted at The Endrig, Auchlea Farm, Kingswells.  Mr Smith explained that he had checked the submitted Notice of Review and found it to be valid and submitted within the relevant timeframes.  He added that the applicant had asked that the LRB request further written submissions to be made.

Mr Smith explained that the application related to the conditional planning consent granted in April 1992 for the erection of a dwellinghouse and integral garage within the site located directly to the north of the agricultural buildings and farmhouse associated with Auchlea Farm.  Conditions applied at the time had included limiting the occupation of the dwelling to a person solely or mainly employed in agriculture on Auchlea Farm (Condition No. 1) and prohibiting the sale of the dwellinghouse separately from Auchlea Farm (Condition No. 4).  Condition 1 stated “that the occupation of the dwelling shall be limited to a person solely or mainly employed in the locality (i.e. Auchlea Farm) in agriculture as defined in Section 275 of the Town and Country Planning (Scotland) Act 1972 – in order to safeguard the amenity of this Green Belt location.”  Condition 4 stated “that the dwellinghouse hereby approved shall at no time be sold off or separated in any manner from the farm known as Auchlea without the prior approval of the planning authority – in order to preserve the amenity of this Green Belt location.”

In relation to the proposals Mr Smith explained that the application sought the  ...  view the full minutes text for item 1.

The Local Review Body of Aberdeen City Council met this day to review the decision taken by an appointed officer under the Council’s Scheme of Delegation to refuse planning permission for the demolition of an existing outbuilding and the erection of a replacement building to create a residential annex at Argyle House, 2 School Road, Cults (amendment to P130235).

The LRB then heard from Mr Tommy Hart, who explained that he had checked the submitted Notice of Review and found it to be valid and submitted within the relevant timeframes.  He added however that the notice of review referred to planning refusals 130235 and 140369.  Mr Hart explained that 130235 had been determined in June 2013, and therefore it was not valid for the LRB to consider that application.  Mr Hart added that 140369 was a similar application to 130235 but with some amendments, however the Council position throughout both applications was that the proposal was not acceptable in terms of design, massing and materials.  There was also a concern in relation to the demolition of the existing granite building, as the application did not propose to re-use the granite.  Mr Hart explained that the Council also had expressed concerns about the vehicular access to the site.

He advised that the applicant had asked that the LRB undertake a site inspection and request further written submissions and a hearing session.  Mr Hart further advised that the notice of review stated that it had been requested as a result of the refusal of the application by the appointed officer, and because the appointed officer had failed to determine the application within the period allowed for determination.  Mr Hart explained that the application had been received on 14 March 2014 and had been determined by the appointed officer on 12 May 2014, which was within the allowed period.

Mr Hart advised that the application related to the site at Argyle House, 2 School Road, Cults.  Planning permission was sought to demolish the existing outbuilding and to erect a replacement building which would create a residential annex.  The current building was of traditional construction with granite walls and a natural slate roof.  The submitted plans for the replacement building showed a double garage, bedroom, storage and shower on the ground floor; and two bedrooms, a bathroom and open living / dining / kitchen area on the first floor.

In relation to documents which the members of the Body should consider, Mr Hart outlined that all the following documents were accessible via web links, and available as set out in the papers:-

Development Plan – Aberdeen Local Development Plan (2012);  D1 – Architecture and Placemaking: to ensure that high standards of design were achieved through a number of considerations, including context, to ensure that the setting of the proposed development and its design was acceptable; D2 – Design and Amenity: the outline of a number of considerations which should be taken into account when assessing a planning application in the interests of amenity  ...  view the full minutes text for item 2.