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=4300&Ver=4

Members, please note that this review has not yet been determined and this is an appeal on grounds of non-determination.  A decision has to be made by members of the Local Review Body.

The Local Review Body (LRB) of Aberdeen City Council met on this day to determine one application on the grounds of non determination and to review the decision taken by an appointed officer under the Council’s Scheme of Delegation for three applications.  The application under consideration due to non determination is for the demolition of the existing single storey conservatory to the rear and to replace with single storey extension, new dormer windows to front and back of elevation, at 5 Donmouth Road Aberdeen, 151967.

Councillor Milne as Chairperson gave a brief outline of the business to be undertaken.  He indicated that the LRB 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 hehad 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, Assistant Clerk in regards 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 certain more general aspects relating to the procedure.

In relation to the application, the LRB had before it (1) plans showing the proposal; (2) relevant planning policies; and (3) the Notice of Review submitted by the applicant’s agent along with an accompanying statement.

In respect of the review, Mr Allison advised that he had checked the submitted Notice of Review and had found it to be valid and submitted within the relevant timeframes.  The application was validated on 12 January and should have been determined by 11 March 2016.  Mr Allison explained that the Local Review Body was required to consider whether it had sufficient information before them to determine the review today.

Mr Allison gave a detailed overview of the application and explained that the application property is a 1.5 storey, semi-detached granite dwelling with a fully hipped and slated roof with a single flat roofed dormer to the principle elevation.  He advised that planning permission was sought to replace the dormer window to the front (south) elevation with one of larger dimensions; and to construct a new dormer to the rear (north) elevation.  The proposed extension to the rear elevation is deemed to constitute “permitted” development, due to its dimensions and does not need to be assessed as part of the application.  Mr Allison explained that the front dormer would reflect the height of the neighbouring dormer, with matching distances from existing ridge and wallheads.  The majority of the dormer would be glazed with minimal apron depth below the  ...  view the full minutes text for item 1.

The Local Review Body then considered the second request for a review to evaluate the decision taken by an appointed officer under the Council’s Scheme of Delegation to refuse the request for planning permission for the proposed dormer windows and new sash and case window opening at 27 North Square, Footdee, Aberdeen, 160212.

The Chairperson advised that the LRB would now be addressed by Ms Lucy Greene and stated that although the Planning Adviser was employed by the planning authority shehad 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 Local Review Body had before it (1) a delegated report by Mr Roy Brown, Planning Technician; (2) the decision notice dated 4 May 2016 2016; (3) plans showing the proposal; (4) links to the planning policies referred to in the delegated report; (5) two letters of support for the application; and (6) the Notice of Review submitted by the applicant’s agent along with an accompanying statement.

The LRB were then addressed by Ms Green who advised that the submitted Notice of Review was found to be valid and submitted within the relevant timeframes.

Ms Greene provided a description of the application and advised that the appeal relates to the proposed erection of a dormer window on the west (rear) elevation, the formation of a new opening to incorporate a white painted timber framed window; and the replacement of two windows on the east (principal) elevation of the dwelling.

Ms Greene explained that the application site is located between North Square to the east and New Pier Road to the west and the site consists of a traditional 11/2 storey, granite, terraced dwelling, typical of the Footdee conservation area.

The Grounds of Appeal Statement which accompanied the Notice of Review advised that (a) the proposed window is of a traditional style and would be finished in slate to match the existing and neighbouring properties, (b) the proposed dormer is on the rear elevation of the house, facing New Pier Road and with industrial premises across New Pier Road and would have no impact on the front elevation of the house or any of the “Squares” which form the essential character of the village, (c) the proposed dormer window cannot be seen looking south from the Esplanade due to the height od the adjacent 4 storey house as well as the restricted width of the New Pier Road and (d) there will be no change to the east elevation which faces into the “Square”.

The delegated report advised that the stated reason for refusal of planning permission was as follows:-

By way of overall design, massing and scale in the context of 27 North Square and the surrounding Footdee conservation area, the proposed dormer would  ...  view the full minutes text for item 2.

The Local Review Body then considered the third request for a review to evaluate the decision taken by an appointed officer under the Council’s Scheme of Delegation to refuse the request for planning permission for a proposed extension of the garage to the side of the dwelling house at Sea Breeze Cottage, Girdleness Lighthouse, Greyhope Aberdeen.

The Chairperson advised that the LRB would now be addressed by Ms Lucy Greene and 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.

In relation to the application, the Local Review Body had before it (1) a delegated report by Mr Ross McMahon, Trainee Planner; (2) the decision notice dated 13 April 2016; (3) plans showing the proposal; (4) links to the planning policies referred to in the delegated report; and (5) the Notice of Review submitted by the applicant’s agent along with an accompanying statement.

Ms Greene advised that the submitted Notice of Review was found to be valid and submitted within the relevant timeframes.

Ms Greene explained that the planning application sought permission for a proposed extension of the garage to the side of the dwelling house.  The application site is located to the south of the category A listed Girdle Ness Lighthouse and sits in an elevated position to the north-west of Greyhope Road, to the west of a sharp bend in the road.  The site comprises a converted and extended store now in residential use, a detached single garage and associated garden ground and parking.  All structures within the site are of a traditional design and construction, surrounded by ancillary buildings directly associated with Girdle Ness Lighthouse.  Ms Greene advised that the site lies within an area identified as Green Belt in the adopted Aberdeen Local Development Plan 2012.

In regards to consultees, no letters of representations had been receive and no comments received from statutory consultees.

The Grounds of Appeal Statement which accompanied the Notice of Review advised that (a) care has been taken to replicate the existing garage in terms of material, (b) the proposal as it stands was rotated through 90 degrees to limit the elevation facing Greyhope Road and to lessen its impact, (c) black PVC windows have been selected to match the existing property and (d) from Greyhope Road approaching the site from the south, the proposal will have a negligible impact on the much larger lighthouse and from the north it will not be visible at all.

The delegated report advised that the stated reason for refusal of planning permission was as follows:-

Whilst the proposal garage extension complies with Policy NE2 (Green Belt) of the Aberdeen Local Development Plan 2012, it fails to comply with the remaining relevant policies of  ...  view the full minutes text for item 3.

The Local Review Body then considered the fourth request for a review to evaluate the decision taken by an appointed officer under the Council’s Scheme of Delegation to refuse the request for planning permission for the erection of a dwellinghouse at 36 Auchmill Road Aberdeen.

The Chairperson stated that although the Planning Adviser was employed by the planning authority hehad 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 delegated report by Mr Ross McMahon, Trainee Planner; (2) the decision notice dated 31 March 2016; (3) copies of the plans showing the proposal; (4) links to the planning policies referred to in the delegated report; (5) six letters of representation; and (6) the Notice of Review submitted by the applicant’s agent along with an accompanying statement.

The LRB was then addressed by Mr Gavin Evans who advised that the submitted Notice of Review was found to be valid and submitted within the relevant timeframes.

Mr Evans advised that the application sought planning permission for the erection of a dwellinghouse at 36 Auchmill Road Aberdeen and the site relates to an area of brownfield land located to the south of Auchmill Road off the A96 which is a trunk road and behind a line of buildings comprising commercial units at ground floor with flats above.  The site is accessed from Auchmill Road via a shared pend between the gables of two properties, shred by a garage and leading to a raised area of ground comprising the remaining rubble and low walls of building.  The application site is situated within a Residential Area, as identified in the adopted Aberdeen Local Development Plan 2012.

Mr Evans further advised that planning permission was sought for the erection of a one-and-a-half storey, three bedroom dwellinghouse on the footprint of a former dwelling.  The site slopes up considerably to the south where there is a retaining wall defining the southern boundary of the site.  The proposal would provide a raised area of amenity space to the immediate north of the proposed dwelling, accessed via a set of steps beneath which two off-street parking spaces would be provided.  The dwelling would be finished in wet dash render, Siberian larch, black uPVC rainwater goods, and slate grey aluminium lad windows and doors.

In regards to consultees and letters of representations, Mr Evans explained that three letters of representations were received, with one letter of support and two objecting to the application. Regarding statutory consultees, comments were received from Roads Development Management, Flooding Team, Environmental Health and Transport Scotland.  Road recommended that the application be refused and advised that the pend does not allow two vehicles to pass which could potentially cause delays on the A90 and additionally,  ...  view the full minutes text for item 4.