Agenda and minutes

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 2 storey extension to the rear at 433 Great Western Road Aberdeen, 170350/DPP.

Councillor Boulton as Chairperson gave a brief outline of the business to be undertaken.  She 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 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.  She 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 Sheila Robertson, Planning Technician; (2) the decision notice dated 11 August 2017; (3) copies of the plans showing the proposal; (4) links to the planning policies referred to in the delegated report; (5) consultee comments and (6) 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.

Mr Miller explained that the site subject to the review formed a guest house on the southern side of Great Western Road, to the east of its intersection with Anderson Drive. The building was a 2.5 storey traditional granite built villa with a smaller rear wing. The guest house is within the bulk of the original building, whilst the owner’s accommodation is in the rear wing which also has a modern PVCu conservatory on the end. Mr Miller advised that it is located within a residential area, as zoned within the Aberdeen Local Development Plan 2017.

Mr Miller indicated that the application sought consent for the demolition of the modern conservatory on the end of the rear wing and the erection of a two storey extension with basement level storage accessed via an external doorway from the garden.

Mr Miller outlined thatthe request sought the review of the decision of the appointed officer to refuse the application under delegated powers and the stated reasons for refusal were as follows:-  

The proposal would be contrary to policies H1 – Residential Areas, and  ...  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 a change of use of open space to garden ground and the erection of a domestic garage with associated access at 513 Great Northern Road Aberdeen, 170607/DPP.

The Chairperson advised that the LRB would again be addressed by Mr Andrew Miller and reminded members 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.  She 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 Ms Siobhan Wolverson, Planning Technician; (2) the decision notice dated 8 August 2017; (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.

Mr Miller explained that the site subject to the review forms an area of land to the rear of a 1.5 storey traditional granite built property that had been divided into flats. The site is a narrow strip of land measuring 4.5 x 17.8 metres and due to the slop of the land in question it would require excavation up to 2.4 metres in depth.

Mr Miller indicated that the application sought consent for the change of use of the strip of land to garden ground and the erection of a garage with associated driveway within this area of land. 

Mr Miller outlined thatthe request sought the review of the decision of the appointed officer to refuse the application under delegated powers and the stated reasons for refusal were as follows:-  

the proposal would lead to the loss of an area of urban green space which would result in negative impacts on the landscape character and amenity of this area. This would affect the setting of the nearby properties (flats), adversely affect the character of the surrounding area and may also obstruct a wildlife corridor. It is also likely to lead to the removal of a relatively established tree and no replacement open space close to this area would be provided of similar or better quality. In addition, it would have a negative impact on general residential amenity through the loss of open space. Therefore, although complying with Supplementary Guidance (Transport and Accessibility) as the proposed garage would exceed the minimum standards in relation to size, the proposal fails to accord with Policies D1 (Quality Placemaking by Design), H1 (Residential Areas), D2 (Landscape), NE3 (Urban Green Space) and NE5 (Trees and Woodland) of the Aberdeen Local Development Plan, in addition to the associated Supplementary Guidance (Householder Development Guide; Green Space  ...  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 a change of use from amenity ground to form a driveway at 85 Arnage Drive Aberdeen, 170664.

The Chairperson advised that the LRB would again be addressed by Mr Andrew Miller and reminded members 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.  She 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 Roy Brown, Planning Technician; (2) the decision notice dated 7 August 2017; (3) copies of the plans showing the proposal; (4) links to the planning policies referred to in the delegated report; (5) comments from consultees and (6) the Notice of Review submitted by the applicant’s agent along with an accompanying statement.

Mr Miller explained that the site subject to the review forms an area of amenity space to the front of 85 Arnage Drive and it contains a tree and provides a buffer between the public road and pavement. It is located within a residential area as designated in the Aberdeen Local Development Plan 2017.

Mr Miller indicated that the application sought consent for the change of use of the land to form a driveway to access 85 Arnage Drive. The remainder of the proposed works do not require planning permission (those within the curtilage of the house).

Mr Miller outlined thatthe request sought the review of the decision of the appointed officer to refuse the application under delegated powers and the stated reasons for refusal were as follows:-  

the proposed change of use to form a driveway would result in the removal of an established street tree and likely damage to another, which both contribute to local landscape character and amenity. Their loss would adversely affect the character and amenity of the surrounding area. The loss of the soft landscaped amenity land to accommodate a tarred access would be detrimental to the visual amenity of the streetscape. The proposal would set an unwelcome precedent for similar proposals in the surrounding area, which cumulatively would be significantly detrimental to the surrounding area. The design of the driveway would, however, not adversely road safety. The proposal would therefore fail to comply with Policies D1 – Quality Placemaking by Design; D2 – Landscape; NE3 – Urban Green Space; H1 – Residential Areas; and NE5 – Trees and Woodlands of the adopted Aberdeen Local Development Plan; and the Supplementary Guidance: ‘The Householder Development Guide’. While it would accord with road safety guidelines, it would adversely affect the amenity of the surrounding area, and therefore the proposal would not comply with  ...  view the full minutes text for item 3.