Agenda and minutes

The agenda and reports associated with this minute can be found at:-

https://committees.aberdeencity.gov.uk/ieListDocuments.aspx?CId=284&MId=5662&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 single storey extension and replacement window to rear of dwelling house at 100 Fountainhall Road, Aberdeen, Planning Reference 160501.

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, Mr Mark Masson with regards to the procedure to be followed and also, thereafter, by Mr Andrew Miller 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 Mr Masson, 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 more general aspects relating to the procedure.

In relation to the application, the LRB had before it (1) a delegated report by Ms Sheila Robertson, Planning Technician; (2) the decision notice dated 14 November 2016; (3) copies of the 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 Miller who advised that the submitted Notice of Review was found to be valid and submitted within the relevant timeframes. He also indicated that the appellant had requested that the LRB undertake a site inspection and assess the information submitted as part of the appeal.

Mr Miller advised that the site was located at the northern end of Fountainhall Road, close to its junction with King’s Gate and comprises a semi-detached 2.5 storey traditional granite villa and is located within the Albyn Place and Rubislaw Conservation Area. He explained that detailed Planning Permission was sought for the proposed development and subsequently refused by officers under delegated powers. The existing single storey rear wing would be demolished and a new extension would be provided in place of the current rear wing and would protrude some 8.4 metres from the rear wall of the house (with current rear wing removed). This would protrude about 3.65 metres beyond the current rear wing. There would be a protruding gable feature door on the north elevation. It would have a mono pitched roof and would be finished in rendered walls, granite walls to the north elevation. The roof would be finished in slate to match 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 replacement windows and doors and door with external alterations to door opening at 2 Colsea Road, Aberdeen, Planning Reference 161506.

The Chairperson advised that the LRB would now be addressed by Mr Kristian Smith 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 Karla Mann, Planning Technician; (2) the decision notice dated 21 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. Smith advised that the submitted Notice of Review was found to be valid and submitted within the relevant timeframes.He also indicated that the appellant had requested that the LRB undertake a site inspection.

Mr. Smith provided a description of the application and advised that the application related to proposed replacement windows and a door within a single storey traditionally styled cottage, with rear extension.  He indicated that the property sits within a street of traditional cottage properties and the surrounding properties were listed and located within a conservation area. He explained that the existing windows were of timber casement style, coloured brown and the front door was also of timber construction. He advised that it was proposed to replace the timber framed windows and door in the front elevation with uPVC framed windows and the front door with a composite material door, within a uPVC frame.  The windows and the door were also to be replaced in the rear extension. He indicated that it would appear that the current timber windows were fitted in 2002, with the benefit of planning permission.

In terms of representations, Mr. Smith advised that Cove and Altens Community Council commented that they expect that the proposals to be in keeping with the location within a Conservation Area, without elaborating as to what they expected.  Thus the refusal did not require to be presented to Committee, given it was the officer’s view that the proposals were not in keeping, thus in alignment with the Community Council’s comments.

Mr. Smith outlined the relevant considerations in relation to Scottish Planning Policy, the Aberdeen City and Shire Structure Plan and Aberdeen Local Development Plan and advised that at the time of the delegated decision it was the 2012 Local Development Plan which was in place, and the prime consideration.  He explained  ...  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 proposed change of use from agricultural land to domestic and erection of 1.5 storey dwelling with double garage at a site adjacent to The Haughs, Clinterty, Planning Reference 161572.

The Chairperson advised that the LRB would now be addressed by Mr Gavin Clark 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 Dineke Brasier, Planner; (2) the decision notice dated 20 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. Clark advised that the submitted Notice of Review was found to be valid and submitted within the relevant timeframes.He also indicated that the appellant had indicated that the review could proceed to conclusion based on a review of the relevant information without any further procedures.

Mr Clark advised that the appeal relates to the refusal of planning permission for the change of use from agricultural land to domestic and erection of 1.5 storey dwelling with double garage. The site is located within an agricultural field some 500m to the North West of the Tyrebagger to Westhill Road and can be accessed via both the B979 and A96. To the south is a group of three dwellings and a distance to the west are the associated agricultural buildings. 100m to the north is the campus of NE Scotland College and to the east is the exiting farm complex at Meikle Clinterty

Mr Clark referred to the Notice of Review and applicant’s agent accompanying statement which indicated that the dwelling was essential for agricultural purposes for the following reasons:

Principle

• using cropping and livestock data, a labour requirement of 2.31 had been calculated; with only one dwelling on site there is scope for a second dwelling on site;
• a large proportion of the man hours were required for growing crops. According to the report of handling – however 3150 man hours were required for livestock, against 1231.13 for crop production; and
• almost 200 cattle would be housed at Clinterty, which accounts for 1800 man hours and 1 labour unit therefore it would appear sensible to have a dwelling here, where the majority of cattle were located – the cattle would be housed inside for more than 6 months of the year, and would also  ...  view the full minutes text for item 3.