Agenda and minutes

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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 erection of a two storey gable end extension and single storey extension to rear of 20 Colthill Road, Aberdeen, Planning Reference 181370/DPP.

Although Councillor Boulton was present for the first review, she did not take part in the proceedings in any way.

Councillor Jennifer Stewart gave a brief outline of the business to be undertaken, advising that she would be chairing the first review and Councillor Boulton would then replace her on the LRB and would chair the following two reviews. She 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 Gavin Evans who would be acting as the Planning Adviser to the Body in the cases under consideration this day.

The Chairperson 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.  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 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 Roy Brown, Planning Technician; (2) the application dated 1 August 2018; (3) the decision notice dated 9 November 2018 (4) links to the plans showing the proposal and planning policies referred to in the delegated report; (5) the Notice of Review submitted by the applicant’s agent along with an accompanying statement with further information relating to the application; and (6) consultee responses from the Roads Development Management Team, Aberdeen City Council.

The LRB was then addressed by Mr Evans who advised that the review had been submitted with all necessary information within the time limit of three months following the decision of the appointed officer.

Mr Evans then described the site advising that it was a modern gable roofed 1½ storey dwelling and its associated front and rear curtilage within an established residential area. The dwelling had a north facing principal elevation and a garage attached on its west side. The site was bounded by Colthill Road to the north, 22 Colthill Road to the east, 69 and 71 Colthill Circle to the south and 18 Colthill Road to the west. The south and west boundaries had two to three metre high hedges.

Mr Evans made reference to the history of the site and outlined the appointed Officer’s reasons for refusal  ...  view the full minutes text for item 1.

At this juncture, Councillor Jennifer Stewart left the meeting and Councillor Marie Boulton chaired the following two reviews.

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 application for replacement windows to front of the property at 25 Gray Street, Aberdeen, Planning Reference 181632/DPP.

The Chairperson advised that the LRB would again be addressed by Mr Gavin Evans and reminded Members that although Mr Evans 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 Sheila Robertson, Planning Technician; (2) the application dated 17 September 2018; (3) the decision notice dated 16 November 2018 (4) links to the plans showing the proposal and planning policies referred to in the delegated report;  and (5) the Notice of Review submitted by the applicant along with an accompanying statement with further information relating to the application.

The LRB was then addressed by Mr Evans who advised that the review had been submitted with all necessary information within the time limit of three months following the decision of the appointed officer.

Mr Evans then described the site advising that it was a 2 storey, end terraced dwelling of a traditional style, incorporating granite walls and a slate roof. The property is located on the North East side of Gray Street. The front elevation to Gray Street included 2-storey bay windows, with a further window above the front door. These existing windows were formed in white painted timber, and were divided horizontally with the lower panes fixed and a smaller top-opening window above. The upper pane swings outward from the top. The property is situated within the Great Western Road Conservation Area.

In terms of the Appointed Officer’s reasons for refusal, Mr Evans made reference to the following factors:-

·       there would be a loss of a traditional material (timber);

·       it failed to demonstrate due regard for historic context, which would warrant reinstatement of a traditional window style in order to maintain and enhance the character of the conservation area;

·       the use of UPVC was not appropriate to this historic building, and would adversely affect appearance of the surrounding conservation area;

·       conflict with principles of Scottish Planning Policy and Historic Environment Scotland Policy Statement;

·       conflict with Aberdeen Local Development Plan policies H1, D4 and D1 and associated Supplementary Guidance on Window Repair/Replacement;

·       conflict with the aims of the Great Western Road Conservation Area Character Appraisal and Historic Environment Scotland Managing Change publication relating to Windows;

·       risk of setting an unwelcome precedent that could lead to significant erosion of the conservation area’s character and appearance; and

·       that it does not accord with the Development Plan, and that material considerations of national policy do not support,  ...  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 application for the erection of two dwelling houses at Mundurno, Tarves Road, Aberdeen, Planning Reference 181513/PPP.

The Chairperson advised that the LRB would be addressed by Ms Aoife Murphy and reminded Members that although Ms Murphy was employed by the planning authority she 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 Dineke Brasier, Planner; (2) the application dated 24 August 2018; (3) the decision notice dated 18 October 2018 (4) links to the plans showing the proposal and planning policies referred to in the delegated report; (5) consultee comments from the Environmental Health Team, Flooding and Coastal Protection Team, Roads Development Management Team and Waste Services Team and also a representation which objected to the planning application; and (6) the Notice of Review submitted by the applicant along with an accompanying statement with further information relating to the application.

The LRB was then addressed by Ms Murphy who advised that the review had been submitted with all necessary information within the time limit of three months following the decision of the appointed officer.

Ms Murphy then described the site advising that it related to an area of ground to the west of the B999, north of Aberdeen City and within the designated Green Belt.  At present, the site lay vacant and mostly unused.  It was stated that the site previously accommodated 2 buildings, the locations of which were noted on the existing site plans, but these buildings no longer stand on the site.  While the footprint of the building to the east of the site was visible, there appeared to be little evidence of the building that extended to the south of the bothy.

Ms Murphy indicated that the site was bounded to the east and south by agricultural land, to the west by land associated with the existing dwellinghouse and to the north and north west by the existing dwelling, steading and outbuildings currently undergoing conversion works.  In terms of planning history, an application for the extension of the existing dwellinghouse was granted in December 2015. While a subsequent application, within which this site was included was granted November 2016 for the conversion of a steading to four residential units, erection of detached garage and conversion of existing bothy under 161159/DPP. 

In terms of the appointed officer’s reasons for refusal, Ms Murphy made reference to the following factors in the decision notice:-

·       the proposal would be contrary to the overriding aims protecting the Green Belt from development in terms of Policy NE2, which are  ...  view the full minutes text for item 3.