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=4111&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 three requests for planning permission.

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 Lynsey McBain, as regards the procedure to be followed and also, thereafter, by Mr Paul Williamson, who would be acting as the Planning Adviser to the Body for the first case under consideration this day.

The Chairperson advised that Mr Paul Williamson 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.  Mr Williamson would not be asked to express any view on the proposed application.

The report explained that the application which was the subject of the review was for the erection of a single storey extension to the rear (south) elevation of the property to accommodate a new kitchen, living room and utility at ground floor level.  The proposed extension would measure the fill width of the site and would project 4.8m from the rearmost part of the elevation.  The proposed extension would be flat roofer and would measure 2.6m to the eaves, with an overall height of 3.2m.  The south elevation of the proposed extension would incorporate a large expanse of full height glazing, with a short 1.5m projection of timber decking leading into the back garden.  The proposed extension would be finished in new granite (grey) to the proposed walls; a Sarnafil flat roof membrane, zinc projection facia and anthracite coloured aluminium bi-folding doors.

Mr Williamson advised that he had checked the submitted Notice of Review and had found it to be valid and submitted within the relevant timeframes. 

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

Development Plan – Aberdeen Local Development Plan (2012)

Policy H1 (Residential Areas)

Mr Williamson explained that the Council’s Supplementary Guidance relating to Householder Developments, makes specific reference to rear and side extensions.  In considering such an application, the factors that are taken into consideration include the restriction of extensions to terraced properties to 3 metres along a mutual boundary.

Mr Williamson explained that the application did not comply with Policy H1 and was not in compliance with the Householder Development Guide.

Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 (as amended) required that where, in making any determination under the planning acts, regard was to be had to the provisions of the development plan and that determination should be made in accordance with the plan, so far as material to the application, unless material considerations indicated otherwise.

In relation to the consultations, Mr Williamson advised there  ...  view the full minutes text for item 1.

The Local Review Body then considered the second request for a review.  The Chairperson advised that the LRB would now be addressed by Mr Andrew Miller and reminded members that Mr Miller 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.  Mr Miller would not be asked to express any view on the proposed application.

The report explained that the application that was the subject of the review was for detailed planning permission to demolish the existing residential building and replace it with 2 new dwellings, set within the same curtilage.  The replacement dwellings would both be single storey in height and identical in design, with a mirrored layout, conjoined by adjacent single garages.  Access for both would be via driveway from the north, with vehicular access taken from the existing access road to the east.  Proposed finishes would include cream rendered walls, grey pre-cast slip cills; buff coloured basecourse; stained timber linings; Marley Duo Edgemere slates; black uPVC rainwater goods; oak timber effect uPVC window frames and oak timber effect GRP doors.  The proposed ratios would be circa 22% and 23%, and each unit would connect to existing services.

Mr Miller advised that he had checked the submitted Notice of Review and had found it to be valid and submitted within the relevant timeframes. 

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

Aberdeen Local Development Plan

Opportunity Site – OP43 Maidencraig South East

Policy LR1- Land Release

Policy D1 – Architecture & Placemaking

Policy NE5 – Trees and Woodlands

Aberdeen City Council Supplementary Guidance

Proposed Aberdeen Local Development Plan (2016)

Opportunity Site OP31 – Maidencraig South East

Policy LR1: Land Release Policy

Policy D1: Quality Placemaking by Design &

The Maidencraig Masterplan

Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 (as amended) required that where, in making any determination under the planning acts, regard was to be had to the provisions of the development plan and that determination should be made in accordance with the plan, so far as material to the application, unless material considerations indicated otherwise.

Mr Miller explained that the stated reasons for refusal were as follows:-

The principle of development could not be supported under the Opportunity Site OP43 housing allocation; Policy LR1 'Land Release Policy'; or the approved supplementary guidance; 'The Maidencraig Masterplan' of the Aberdeen Local Development Plan 2012; in that it would introduce additional housing in isolation of the approved Masterplan for the area, in a manner which conflicts with the phased delivery mechanism for the wider development and may subsequently jeopardise provision of the allocation. Furthermore the proposal is considered to fail under Policies D1 and NE5 of the Aberdeen Local Development Plan 2012; in that it proposes  ...  view the full minutes text for item 2.

The Local Review Body then considered the third request for a review.  The Chairperson advised that the LRB would now be addressed by Mr Gavin Evans and reminded members that Mr Evans 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.  Mr Evans would not be asked to express any view on the proposed application.

At this juncture, the Chairperson explained that in respect of this review, it was noted that the documents which members had before them which were submitted with the Notice of Review, in comparison to the plans submitted with the initial application, proposed an alteration to the initial planning application which was considered by the original planning officer.  The Chairperson drew members attention to Section 43A(8) of the Town and Country Planning (Scotland) Act 1997 as amended:-

“a party to the proceedings is not to raise any matter which was not before the appointed person at the time the determination reviewed was made unless that party can demonstrate (a) that the matter could not have been raised before that time or (b) that it’s not being raised before that time was a consequence of exceptional circumstances.”

On this basis, the Chairperson advised that the Local Review Body cannot consider the revised plans which have been submitted with the Notice of Review and must determine it on the basis of the original proposal.  The clerk indicated that the agent had been made aware of the situation and she had not received any comments back from the agent.  As a result, the Local Review Body progressed with considering the original application.

Mr Evans explained that the application which was the subject of the review was for detailed planning permission for the change of use of the office building and conversion to 13 flats, the installation of replacement of windows, and the recladding of the rear (unlisted) part of the building.  It was noted that the floorplans show three flats on the lower ground with space for bin and cycle storage on the lower ground, three flats on the ground, first and second floor with an additional one flat spread over the first and second floor.  All flats would be two bedrooms and the building would have two accesses, one off Golden Square, with a second entrance off Lindsey Street to the side.  No parking or external amenity space would be provided.  All windows in the building would be replaced, and the rear of the building would be re-clad in ‘Trespa’ cladding.

Mr Evans advised that he had checked the submitted Notice of Review and had found it to be valid and submitted within the relevant timeframes.

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

Scottish  ...  view the full minutes text for item 3.