Agenda and minutes

The agenda and reports associated with this meeting can be viewed here.

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 partial change of use from office with workshop to restaurant (Class 3) with hot food takeaway (sui generis) including installation of fence with gate and associated works at Graphix House, Wellington Circle, Aberdeen, Planning Reference 191800/DPP.

Councillor Boulton as Chair, gave a brief outline of the business to be undertaken, advising 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 following case 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 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 Aoife Murphy, Senior Planner; (2) the application dated 4 December 2019; (3) the decision notice dated 13 February 2020; (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) letters of representation submitted by consultees.

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 located on the southern side of Wellington Circle, immediately opposite the car park serving Ikea and just along from a Starbucks drive-through which was within that car park. Immediately to the east is Wellington Business Park, a collection of smaller industrial units arranged around a central yard space, with Lochside Academy located approximately 300m away to the north east. He intimated that the site itself accommodated a 2-storey pitched roof commercial building, containing a workshop, offices and a car park. The premises were historically occupied solely by XIC, a commercial graphic design and printing company, however it was understood from the applicants’ submissions that XIC’s demands for space had reduced over time, leading to part of the building being let to others and a further area being unsuccessfully marketed for rental since  ...  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 a two storey extension including first floor terrace with carpet below; formation of a new window opening in rear gable; installation of replacement of windows at upper floor; alterations to boundary wall and landscaping works in front cartilage to create garden area and parking spaces at 16-18 Fountainhall Road, Aberdeen, Planning Reference 191169/DPP.

The Chairperson advised that the LRB would again be addressed by Mr Gavin Evans and advised 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 Jamie Leadbeater, Planner; (2) the application dated 22 July 2019; (3) the decision notice dated 29 November 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 along with an accompanying statement with further information relating to the application; and (6) a letter of representation from the Council’s Roads Team.

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 property in question was a detached 3-storey granite villa which contained two separate flats. The building fronted onto Fountainhall Road, with its side elevation onto Fountainhall Lane. The ground floor flat was accessed from the front, with a door in the side elevation providing access to stairs serving the upper flat. On the other side of the lane lies Blenheim House, a modern office building. There were three existing garage buildings within the plot, all of which were accessed via Fountainhall Lane. One of these directly adjoins the rear of the house, one abuts and sits parallel to the southern boundary to Fountainhall Lane, and the last sits in the north-eastern corner of the site. The area to the front of the property was laid to hardstanding and enclosed by hedging, whilst the rear garden was enclosed by granite rubble walling of circa 1.8m in height. Traditional granite lean-to outbuildings are present on the northern boundary.

Mr Evans intimated that the site was located in an area the Aberdeen Local Development Plan identified as an H1 Residential Area. It also was situated within the Albyn Place & Rubislaw Conservation Area.

Mr Evans outlined the appointed Officer’s reasons for refusal, which included the following factors:-

• The proposed extension would not suitably respect the scale,  ...  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 a coffee shop with ‘drive-thru’ (sui generis) and associated infrastructure and landscaping works at Site 2, Intown Road, Broadfold Road, Aberdeen, Planning Reference number 191277. 

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 Jane Forbes, Planner; (2) the application dated 29 January 2020; (3) the decision notice dated 5 March 2020 (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 agent along with an accompanying statement; and (6) letters of representation from consultees.

The Local Review Body then heard from Mr Evans, who explained 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 situated to the northern side of Broadfold Road, Bridge of Don, and was bounded on its eastern and northern sides by ‘Intown Road’. The busy A956/Ellon Road lay circa 30m east, to the other side of a belt of trees and running parallel to Intown Road. The site extended to 0.28ha (2800sqm) and previously formed part of a larger site which was the premises of a car sales garage and repair/servicing workshop, prior to the site being cleared and separated into two units of roughly equal size, with the other side being developed as a hot-food restaurant and drive-through. To the west of the site was a neighbouring industrial building and associated yard area. Whilst to the north, on the other side of Intown Road, is the BOC gas depot. The site lay within an area zoned for principally business and industrial uses, where policy B1 would apply.

Mr Evans referred to therelevant planning history both on the entirety of the former car garage premises and on the adjoining ‘half’ formed through subdivision of the larger plot.

Mr Evans outlined the appointed Officer’s reasons for refusal as follows:-

·     Conflicted with policy B1 on the basis that it would not be ancillary to business/industrial use and would serve a wider catchment including passing vehicle traffic on Ellon Road (A956);

·     No evidence provided to demonstrate compliance with NC4 and NC5, relating to the location of significant footfall generating developments;

·     Recognised that the site was accessible by sustainable means,  ...  view the full minutes text for item 3.