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 erection of a garage extension to the side and front and associated alterations to the boundary wall and formation of a hard surface access/driveway; and formation of two windows to the rear of 25 Westfield Terrace, Aberdeen, Planning Reference 191897/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 20 December 2019; (3) the decision notice dated 26 June 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) a letter of representation submitted by the Roads Management 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. He made reference to the notice of review and review statement, wherein a new matter was raised by the applicant in terms of an assertion that the proposed garage would accommodate an electrical vehicle and associated charging infrastructure, and remove access to the rear of the property if the application was approved. In this regard, as these matters were not covered within the original application but only referred to in informal discussions with the case officer, the LRB members would be required to decide whether they take these new matters into consideration as part of the review, having regard to the relevant legal tests.

The LRB members received legal advice, thereafter members agreed unanimously that there was no good reason or exceptional circumstances provided by the applicant to consider the new matter, therefore they  ...  view the full minutes text for item 1.

The Local Review Body (LRB) 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 change of use from amenity land to garden ground at 34 Seaview Place, Aberdeen, Planning Reference number 200162. 

At this juncture, Mr Evans advised that that there was a discrepancy in the submission of the location plan for the application site. He explained that two versions had been submitted by the applicant’s agent. The original version outlined the location in red where planning permission was being sought with a blue outline depicting other land which was controlled by the applicant. Sometime later a revised plan had been received which swapped those around, so the red line was now enclosing the house and garden with the area of adjoining space shown in a blue outline. The effect of this means that there was a discrepancy in the description of the proposal and the submitted site plan, such that if permission had been granted by the appointed officer, or if the LRB today opted to reverse the appointed officer’s decision to refuse, the applicant would still technically not have planning permission for the change of use for this area of ground adjacent to the house.

He intimated that the LRB did have powers to request further information in certain circumstances, but ultimately must consider the same proposal which was before the appointed officer in their earlier decision.

The LRB received legal advice, thereafter they decided unanimously to defer consideration of the review and to request that a corrected version of the location plan be submitted by the applicant’s agent.

The Local Review Body (LRB) 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 car parking with access barrier including change of use and associated works at Land at International Gate, Dyce, Aberdeen, Planning Reference number 191456. 

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 Matthew Easton, Senior Planner; (2) the application dated 23 September 2019; (3) the decision notice dated 18 May 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 Aberdeen City Council - Roads Development Management Team, Dyce and Stoneywood Community Council and Aberdeen International Airport.

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 related to an undeveloped plot within ABZ Business Park. It extended to 1.58 hectares and comprised rough ground with scrub vegetation. It was located at the northern end of the business park, to the east of the Crowne Plaza and Holiday Inn Express hotels, with the road known as International Gate separating the site and the hotels. To the north beyond an area of vacant ground outwith the business park, is Aberdeen International Airport – the Terminal Building was circa 120m away to the north and to the south and east there were further vacant plots within the business park.

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

Mr Evans outlined the appointed Officer’s reasons for refusal contained within the Decision Notice as follows:-

·       The initial proposal was for a car park that would be available for use by a range of users, unrelated to any new development. Such a proposal would be a clear conflict with the Transport and Accessibility Supplementary Guidance and therefore in that regard the proposal would not be acceptable in principle;

·       The proposal had also been considered on the basis that it could potentially be for airport users only, however it was considered that the provision of additional car parking capacity near the airport would hinder the ability to encourage modal shift towards the use of public transport;

·       There was no evidence that there  ...  view the full minutes text for item 3.