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 extension to the front of 108A North Deeside Road Aberdeen, Planning Reference 181783/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, Mrs Lynsey McBain 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 Mrs McBain, Assistant Clerk in regard 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  25 January 2019 (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 1.5 storey detached granite dwelling of a traditional style, but had been extended via the addition of 2 flat-roofed garages to the southern gable. A roof terrace area had also been formed above one of the garages, accessible via a door from a first-floor bedroom.  Mr Evans also advised that the site was located in the residential suburb of Peterculter, to the west of Aberdeen and  sits on the northern side of North Deeside Road, opposite its junction with Station Road East and immediately adjacent to Eastleigh Nursing Home.   Mr Evans also highlighted that number 108A sits back from other  ...  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 application for the erection of timber decking along the rear boundary with associated steps and handrails retrospectively at 18 Home Farm Gardens Bridge of Don Aberdeen, 181431/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 20 August 2018; (3) the decision notice dated 19 October 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 and (6) letters of objections from neighbouring properties.

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 3 storey -mid terraced town house of recent construction.  The rear garden is level, measures 6m in width and 9.2m in length and backs onto an area of open space which occupies an elevated position relative to the application property.  The northern boundary is protected by a retaining gabion wall, a metal cage filled with stones, which is 2.6m in height and 550mm wide, and both side garden boundaries are screened by 1.8m high, vertical timber fencing.  There is also 1.8m high timber fencing above the retaining wall, to the rear of the boundary.

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

·         a visually prominent and intrusive structure, out of character with the surrounding area that does;

·         failure to demonstrate regard for context or make a positive contribution to its surroundings – conflict with D1 (Quality Placemaking by Design);

·         height and dimensions result in adverse impact on residential amenity;

·         unacceptable loss of privacy to neighbours both to rear windows and to enclosed private gardens;

·         does not comply with Supplementary Guidance: Householder Development Guide and with Policy H1 (Residential Areas) of the Aberdeen Local Development Plan; and

·         no material planning considerations which would warrant approval of consent in this instance.

In terms of the appellant’s case, Mr Evans referred to the Notice of Review which was submitted from the applicant, and highlighted the following:-

·         considers that the application was unfairly refused;

·         highlights that the decking is entirely within the boundary of number 18;

·         complains that changes  ...  view the full minutes text for item 2.

The Local Review Body then considered the third request for a review to erect a single storey extension and garage to the side and rear of 1 Argyll Crescent Aberdeen, 181557/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 28 August 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; (5) consultee comments from the Roads Development Management team and also two letters of representations; 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 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 the application site is an end-terrace property of a traditional style, offering accommodation across two storeys. The property is category B listed and sits at the western end of a curving crescent that addresses the junction of Westburn Road and Westburn Drive.  A single vehicular access and shared driveway serves all properties in the crescent. Each property has its own rear garden (narrowing to the far end), and there is also a shared green beyond. The property’s roof is asymmetrically pitched, so it presents to the front as a single storey with dormer windows, but the rear elevation shows a full two masonry storeys, with a higher wall head and shallower pitch to the rear roofslope. To the west of number 1 is a private lane which runs to the north, serving garages to the rear of properties on Westburn Drive. An access has been formed in the western boundary wall, which allows car parking within the rear garden.  The site is located in the Rosemount and Westburn Conservation Area.

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

•      not designed with due consideration for context – refers to volume, detail, excessive scale and projection;

•      negative impact on the appearance of the building;

•      detracts from character and integrity of the listed building and setting of the terrace;

•      disrupts the rhythm and pattern of the development to the rear of the terrace;

•      there is an adverse impact on character of wider Conservation Area; and

•      conflicts  ...  view the full minutes text for item 3.