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=4112&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 Gareth Allison, 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 Mrs McBain 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 Allison explained that the application which was the subject of the review was for the erection of a single storey extension to the front of an existing dwelling house on the corner of Birch Road and Rowan Road.  Mr Allison explained that he had checked the submitted Notice of Review and found it to be valid and submitted within the relevant timeframes.

Mr Allison advised that the site referred to comprised a 2 storey end-terraced dwellinghouse  and the corner-plot nature of the site means that the dwelling is slightly unorthodox in that it has a dual-frontage onto both streets and does not have a rear garden area, with both its southern and western elevations being bound by adjoining terraced properties.  The front garden area is entirely paved with lock-block paving stones and the dwelling has an existing porch and front access door on its northern principal elevation.

Mr Allison explained that permission is sought for the erection of a conservatory extension to the eastern elevation of the dwelling and the extension would project 3.99m out from the existing dwelling with a width of 3.98m.  the extension would have a hipped, glazed roof with a ridge height of 3.9m and an eaves height of 3m.  it would be predominantly glazed on each of its three elevations and would be finished with brick walls.

It was noted that planning permission was granted in 1992 for the erection of a front porch on the dwelling’s northern elevation and for the erection of garden walls.

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

Policy H1 – Residential Areas

Within existing residential areas (H1  ...  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 Robert Forbes and reminded members that Mr Forbes 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 Forbes would not be asked to express any view on the proposed application.

At this juncture, Mr Forbes advised that there was an error in regards to the boundary lines on the map which was before members and also an administrative error had occurred in relation to the notice received by the agent.  The wrong policy was stated and it should be Policy H2 (mixed use) that was contained in the notice and not Policy H2. 

Mr Forbes explained that the application which was the subject of the review was for a change of use from dwelling to house of multiple occupation and associated external alterations at 109 Spital Aberdeen.  Mr Forbes explained that he had checked the submitted Notice of Review and found it be valid and submitted within the relevant timeframes. 

Mr Forbes explained that the site referred to comprised a two storey detached dwellinghouse, located to the rear of 111-113 Spital between the Spital and Froghall View, and within the Old Aberdeen Conservation Area.  The property itself has no street frontage, although it is visible from Froghall View, access is taken via a flight of steps from the Spital.  The proposal seeks planning permission for a material change of use of the property, to allow use as a House in Multiple Occupation (HMO) and this would allow more than 5 unrelated persons to live in the premises together.  The proposal also involved minor alterations to the external appearance of the building by way of blocking up the existing window and door at ground floor level and forming a new door on the eastern elevation.  The proposal would include four bedrooms, two bathrooms and a store at first floor level and two bedrooms, a shower room, store, utility room and kitchen area/living room at ground floor level.

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

National Policy and Guidance

Scottish Planning Series – Planning Circular 2/2012 (Houses in Multiple Occupation: Guidance on Planning Control and Licensing): states that planning authorities should be mindful of the potential impact that concentration of HMO properties may have on the amenity of the area. Essentially, it encourages policies being put in place in order to ensure there are not an over-concentration of HMO properties in particular locations.

Aberdeen Local Development Plan -

Policy T2: Managing the Transport Impact of Development: states that new developments will need to demonstrate that sufficient measures have been taken to minimise the traffic generated.  ...  view the full minutes text for item 2.

At this juncture, Councillor Jean Morrison MBE, replaced Councillor Donnelly as a member of the Local Review Body.

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

Mr Lawrence indicated that the application that was the subject of the review was for the erection of a dwellinghouse at OldTown Farm Peterculter.  Mr Lawrence explained that he had checked the submitted Notice of Review and found it to be valid and submitted within the relevant timeframes.

Mr Lawrence advised that OldTown Farm is an existing farm complex comprising of a substantial two storey granite and slate farmhouse, a pair of semi-detached one and a half storey dwellings, a converted bothy and various large agricultural buildings all set around an informal large area of hardstanding.  The complex is set in a rural location in the Green Belt and accessed via a narrow single lane road.  The Peterculter Golf Club course runs to the east of the farm, although it is separated by fields, with the club house and parking area located to the north east.  The site subject of this application is a grassed area measuring approximately 68.5m by 21.5m and extends to an area of approximately 1472m2.  It is fenced off from other agricultural fields by a post and wire fence and there is currently a very small single storey stone structure with a tiled hipped roof.  Young trees have been planted along the boundary with the area of hardstanding and the access road.

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

PLANNING POLICY

National Policy and Guidance

Scottish Planning Policy:

Paragraphs 49 and 52: Sets out the Scottish Government’s approach towards development in the Green Belt. The purpose of Green Belts is to support the spatial strategy in a local development plan by directing development to the most appropriate locations and supporting regeneration, protecting and enhancing the character, landscape setting and identity of the settlement and protecting and providing access to open space. The following types of development could be considered appropriate:

• Development associated with agriculture (including the reuse of agricultural buildings;
• Development associated with woodland and forestry;
• Development associated with horticulture;
• Recreational uses compatible with an agricultural or natural setting;
• Essential infrastructure;
• Development meeting a  national or established need, if no other suitable site is available;
• Intensification of established uses subject to the development being of a suitable scale and form.

Aberdeen Local Development Plan

NE2 – Green Belt: No development will be  ...  view the full minutes text for item 3.