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=3745&Ver=4

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 two requests for planning permission.

Councillor Cameron, 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, Mr Mark Masson, as regards the procedure to be followed and also, thereafter, by Mr Nicholas Lawrence, 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 Mr Masson 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.

By way of some preliminary points, Mr Lawrence advised that correspondence had been circulated to the Clerk from the applicant’s agent, whichwere circulated to Members, this included supporting information by way of supplementary guidance issued and the reference by the agent that Members should consider a reduced (i.e. different and smaller scheme) to that which formed the planning application.

Mr Lawrence advised that the Local Review Body could not determine a development that was not presented to the Council’s Case Officer for determination and this position was clearly set out at paragraph 24 of the Circular as follows:-

All matters that the applicant intends to raise in the review should be set out in or accompanying the notice of review, as should all documents, materials and evidence upon which the Applicant intends to rely.

Mr Lawrence continued by intimating that in this instance, whilst the applicant in his e-mail via his agent references alternate drawings, these were not presented as part of the application for determination and therefore the Local Review Body could only determine what was before the Case Officer.

Mr Lawrence advised that on the matter of plot ration, the agent references a 40% target.  The supplementary guidance that Members were aware of has a percentage reference that was set out as 33%, the document does not contain a 40% figure.  The meeting where this figure was derived from was not recorded in any document.  Councillor Milne’s e-mail which was circulated as part of the papers, does not cite this figure and noted that the Officers indicated that there could be flexibility in the supplementary guidance percentage.  It was also noted that any opinion offered by an Officer was made without prejudice and was not binding upon the local planning authority.

Mr Lawrence explained that  ...  view the full minutes text for item 1.