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 erection of a fast food restaurant with associated drive-thru, infrastructure works and landscaping at Broadfold Road Aberdeen.

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 Ms Lucy Greene 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 Jane Forbes, Planner; (2) the decision notice dated 21 December 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 Ms Greene who advised that the submitted Notice of Review was found to be valid and submitted within the relevant timeframes.

Ms Greene advised that the application sought full planning permission for the erection of a fast food restaurant and drive thru facility, with associated car parking and landscaping, and the proposed development would comprise a single storey, 275m2, flat-roofed building located within the northern section of the site, with vehicle access for the drive-thru facility running anti-clockwise along the boundary of the site, and the drive-thru collection point located along the northern elevation of the building.  The 34 proposed parking spaces would be located centrally within the site. 

In regards to consultees and objections, Ms Greene advised that the roads department objected to the application due to various reasons.   They felt that the applicant could not effect change on the existing road layout and there was not the opportunity to improve the existing junction arrangement which functions with the existing traffic demands.  Also the increased number of vehicle movements by the addition of a new source of traffic generation at peak times of demand would result in additional queues and the queues which are likely to be formed would  ...  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 replacement windows and doors to a dwelling house at 29 King’s Gate Aberdeen.

The Chairperson advised that the LRB would now be addressed by Mr Robert Forbes 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 Charlotte Watson, Trainee Planner; (2) the decision notice dated 9 December 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.

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

Mr Forbes provided a description of the application and advised that the appeal relates to the proposed replacement of timber sash and case windows to the front and rear with top-opening Upvc windows to the rear and Upvc sash and case windows to the front.  The proposal also sought the replacement of the existing white timber door and fanlight to be replaced by a new Upvc door and fanlight.

Mr Forbes then referred to the Decision Notice and advised that the application was refused on the grounds that the proposal fails to comply with Policy D1 (Quality Placemaking and Design), D4 (Historic Environment) and H1 (Residential Areas).  The proposal fails to demonstrate due regard for its context within the Albyn Place/Rubislaw Conservation Area, where the retention and reinstatement of traditional windows and doors, or suitably sympathetic alternatives, is necessary to maintain and enhance the character of the Conservation Area.  Mr Forbes also noted that a reason for refusal was that should the application be approved it would set a precedent for further unsympathetic window and door replacement within the Conservation area.

Mr Forbes then referred to the matters raised in the Notice of Review statement which advised that there were a number of cases where Upcv sash and case applications were granted on the front elevation and it was felt that it was unfair to refuse this application based on precedent.  Mr Forbes advised that the previous applications mentioned in the Notice of Review had all been approved prior to the Implementation of the Supplementary Guidance.

In regards to planning policies, Mr Forbes indicated that policies D1, Quality Placemaking by Design, D4, Historic Environment and H1, Residential Areas were all relevant.  Also Historic Environment Scotland’s “Managing Change in the Historic Environment”  ...  view the full minutes text for item 2.