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=5598&Ver=4

The Local Review Body (LRB) of Aberdeen City Council met on this day to review the decision taken by an appointed officer under the Council’s Scheme of Delegation to refuse the request for planning permission for the proposed demolition of the former mill building and erection of a replacement dwelling house at the Mill, Clinterty, Aberdeen, 160426

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 Robert Forbes 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) a delegated report by Ms Dineke Brasier, Planner, dated 7 April 2016; (2) the decision notice dated 11 August 2016; (3) copies of the plans showing the proposal; (4) links to the planning policies referred to in the delegated report; (5) a letter of representation and (6) the Notice of Review submitted by the applicant’s agent along with an accompanying statement and documents.

The LRB was then addressed by Mr Forbes and it was noted that the Notice of Review pertains to the decision of Aberdeen City Council under Delegated Powers of the 11 August 2016 to refuse planning permission to take down the existing mill building and to reconstruct it with an element of extension, resulting in a new four bedroom detached dwelling.  The building is located in the Green Belt, immediately east of the administrative boundary with Aberdeenshire and the main existing structure/building comprises a part single and part two storey former mill of vernacular style and constructed in granite, with a dual pitched slated roof and rectangular footprint.  The site is triangular and located near a ‘Y’ shaped road junction, connecting the B979 (Skene – Tyrebagger Road) with the C93C Borrowstone Road running between the A944 at Kingsford to the B979.

In regards to consultation comments, Mr Forbes advised that there had been no comments from roads, environmental health or contaminated land unit.  The flooding team had advised that further information on surface water drainage proposals was required including design calculations and drawings or a drainage impact assessment.  One letter of objection was also received.  Mr Forbes  ...  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 replacement windows to front of the flat at 12D Nellfield Place Aberdeen, 160537.

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 Tom Walsh, Planning Technician; (2) the decision notice dated 22 June 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 provided a description of the application and advised that the appeal related to the proposed replacement of the existing timber windows with uPVC windows.   Ms Greene explained that the property was contained within the Great Western Road conservation area and the application had been approved with a condition attached, which read “that the window(s) hereby approved shall be constructed in full accordance with the detailed cross section(s) submitted and approved shall not exceed 25mm in width at the top and sides of the window opening with the remainder of the frame being concealed behind the masonry window check, unless the planning authority has given prior written approval for a variation – in order to preserve the character of the conservation area.”  The applicant was appealing the condition. 

In regards to planning policies, Ms Greene advised that the Scottish Planning Policy, and policies D5 and H1 were all relevant.  Material considerations included the Scottish Historic Environment Policy, The Repair and Replacement of Windows and doors, “Windows” guidance note from Historic Scotland’s Managing Change in the Historic Environment series and the proposed Aberdeen Local Development plan.

The Grounds of Appeal Statement which accompanied the Notice of Review advised that (a) a surveyor looked at the property and confirmed that the sides, 15mm of each proposed window would be hidden behind the stone jambs, () that at the top of the window, 10mm would be hidden behind the lintel and (c) by their calculations, 53mm of the frame would be visible at the sides and 45mm would be visible at the top.

The delegate report advised that the stated reason for the application being approved conditionally was as follows:-

that the window(s) shall be constructed in full accordance with the detailed cross  ...  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 the erection of a temporary marquee within the forecourt of bar/restaurant/casino at 333 Union Street, planning reference 160624.

The Chairperson advised that the LRB would now be addressed by Mr Andrew Miller 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 Ms Sepi Hajisoltani, Planner; (2) the decision notice dated 16 July 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.

The LRB was then addressed by Mr Andrew Miller, who advised that the submitted Notice of Review was found to be valid and submitted within the relevant timeframes.  Mr Miller explained that the site comprised a former church at the corner of Bon-Accord Street and Union Street and it is located within the Union Street Conservation area.  The ground floor of the building is used as a bar/restaurant accessed from Union Street and Langstane Place, whilst the upper floor is a casino accessed from Bon Accord Street.  Mr Miller advised that detailed planning permission was sought on a retrospective basis for the erection of the marquee on a temporary basis for three years.

In regards to consultee comments and objections, Mr Miller advised that one letter of objection had been received and it focused on the unacceptable effect on the visual amenity for an important Grade B listed building facing Union Street.

The Grounds of Appeal Statement which accompanied the Notice of Review advised that (a) the 2005 consents for extensions remain valid as they were implemented, (b) the marquee is a temporary structure that is relatively modest and hidden, (c) it can only be seen when in close proximity and (d)it would contribute towards the aim for City Centre regeneration.

The delegate reportadvised that the stated reason for refusal of planning permission was as follows:-

due to its inappropriate quality, design and material the temporary structure detracts from the setting and character of the listed building and visual amenity within the wider conservation area by reason of its prominent position in public view on Union Street. On the basis of the above, and following on from the evaluation under policy and guidance, it is considered that the proposal does not accord with the provisions of the Historic Environment Scotland Policy Statement, Scottish Planning Policy, the Aberdeen Local  ...  view the full minutes text for item 3.