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 formation of a driveway at 90 Polwarth Road, Aberdeen, Planning Reference 191406/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 Roy Brown, Planning Trainee; (2) the application dated 13 September 2019; (3) the decision notice dated 12 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 along with an accompanying statement with further information relating to the application; and (6) letters of representation submitted by the Roads Management Team and members of the public.

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 Polwarth Road, and comprised a ground floor flat within a two-storey, four-in-a-block building with front and rear gardens. The area was predominantly residential in character and was zoned within an H1 Residential Area in the Aberdeen Local Development Plan. Such four-in-a-block properties did not generally have access to their own driveways and were reliant on on-street car parking. The site was not within a controlled parking zone and the officer’s report noted the presence of a streetlight on the footway.

The Appointed Officer’s reasons for refusal were as follows:-

·       Road safety: Driveway of insufficient depth to allow for parking at right-angle to the road without vehicles overhanging the pavement, contrary to requirements of Transport and Accessibility Supplementary Guidance. If vehicles parked parallel to the road, visibility would not be adequate on exiting driveway;

·       Amenity: Removal of front garden and loss of enclosure would  ...  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 formation of a dormer to the rear and installation of roof light to the front at 189 Bon Accord Street, Aberdeen, Planning Reference number 200068. 

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, Jamie Leadbeater, Planner; (2) the application dated 16 January 2020; (3) the decision notice dated 26 March 2020; (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 agent along with an accompanying statement.

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 the property at 189 Bon-Accord Street was a two-storey detached dwellinghouse of traditional granite construction, on the eastern side of Bon Accord Street, just south of Ferryhill House Hotel. The property fronts Bon Accord Street and was constructed with granite walls and a pitched slate roof, with the front elevation featuring a gablet and a bay window at ground floor. The front slope of the roof features one existing rooflight, with a further two rooflights on the rear slope. Windows were formed in brown stained timber, with sash-and-case frames to the front of the property and casement frames to the rear. A sizeable rear garden was enclosed by a granite rubble boundary wall.

He indicated that the site lay within the Ferryhill Conservation Area, and within an area the Aberdeen Local Development Plan identified as an H1 Residential Area.

Mr Evans referred to therelevant planning history advising that the appointed officer’s report drew attention to the refusal of an earlier application for a dormer window to the rear of the property in October 2019 (ref 191248/DPP). The appointed agents sought to appeal that decision via the Local Review Body, but made submissions too late, outwith the requisite 3 month period.

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

·       Scale of the proposed dormer would dominate the rear roof slope by virtue of its height and massing;

·       Size of the two windows within the proposed box dormer would not reflect the established fenestration pattern on the rear of the application property;

·       Dormer not of a  ...  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 formation of dormers and balcony with deck area to rear (retrospective) at 39 Craigton Terrace, Aberdeen, Planning Reference number 191756. 

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 22 November 2019; (3) the decision notice dated 31 January 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 and members of the public.

The Local Review Body then heard from Mr Evans explain 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 on the south side of Craigton Terrace and comprised a 1½ storey semi-detached house with adjoining garage and associated front and rear gardens. The property was constructed in pink and grey granite, with a partially hipped slate roof.  There were three hipped, pitched dormers to the front elevation, whilst to the rear there were three cat-slide dormers. To the rear a single storey, flat roofed extension projects 4 metres from the original rear building line, with a raised terrace projecting a further 3 metres beyond this. Two of the three rear dormers formed part of an earlier approved extension (approved in November 2017), but had not been constructed in accordance with the approved plans. The rear garden was enclosed by 1.8m high timber fencing.  The site lay within an area the Aberdeen Local Development Plan identified as an H1 Residential Area.

Mr Evans referred to therelevant planning history and outlined the proposal before members.

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

• Dormers of inappropriate scale and design, appearing particularly dominant on the roof slope, and failing to address the requirements of the Council's Supplementary Guidance on Householder Development, which stated that new dormers or roof extensions should respect the scale of the building and not dominate, overwhelm or unbalance the original roof;
• Introduction of direct access via glazed door onto a 1st floor level balcony, in conjunction with the enlarging of dormer window and increase in glazing to the rear face of the building, raised concerns  ...  view the full minutes text for item 3.