Agenda and minutes

PLEASE NOTE THAT MEMBERS WILL ATTEND A SITE VIST AT 10AM IN RELATION TO THIS APPLICATION. 

With reference to article 2 of the minute of the Local Review Body of 6 October 2021, whereby Members agreed to hold a site visit before determination, 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 application for the partial conversion of an existing coach-house to domestic garage including erection of single storey extension; installation of replacement door; formation of garage door and installation of electric vehicle charging point to rear, at 9 Marine Terrace Aberdeen. 

Councillor Boulton as Chair for the meeting, gave a brief outline of the business to be undertaken, advising that the LRB would be addressed by the Assistant Clerk, Mrs Lynsey McBain with regards to the procedure to be followed and 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 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 the Appointed Officer, Aberdeen City Council; (2) an application dated 14 May 2021; (3) the decision notice dated 13 July 2021 ; (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’s agent.

Mr Evans then described the site and outlined the appellant’s proposal which sought planning permission for the  partial conversion of an existing coach-house to domestic garage including erection of single storey extension; installation of replacement door; formation of garage door and installation of electric vehicle charging point to rear. 

The application site related to a one-and-a-half storey plus basement, mid-terraced dwellinghouse designed by Archibald Simpson and built in 1837, and its associated front and rear curtilage. This dwelling – and the entire terrace – was Category B Listed and was located within the Marine Terrace Conservation Area. To the rear of the property, there was a large garden spanning approximately 537sqm. At the far end of the plot, to the west, was a mews coach house, to which this application relates, accessed via Marine Lane. The building spans the entire width of the plot, measuring c.13m in width, 5.5m in length and 6m in height. The coach house was possibly originally used as stables and  ...  view the full minutes text for item 1.

The 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 residential curtilage to form a paved area (retrospectively), at 3 Wellington Park Aberdeen, planning reference 210517.

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.

In relation to the application, the LRB had before it (1) a delegated report by the Appointed Officer, Aberdeen City Council; (2) an application dated 12 April 2021; (3) the decision notice dated 22 July 2021 ; (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; and (6) consultee comments from Roads Development Management and also a letter of representation received, who objected to the application. 

Mr Evans then described the site and outlined the appellant’s proposal which sought planning permission retrospectively for the change of use of the site from amenity space to residential curtilage, which would be associated with 3 Wellington Park, and retrospectively for the installation of the block paving in the area.  This application considered the principle of the use of the site as residential curtilage. Land ownership and use rights were a separate legal matter for any parties concerned.

The application site comprises a c.27qm area to the west of 3 Wellington Park, a recently constructed semi-detached dwelling in a recently constructed residential area of the Charleston development, allocated as OP56 – Cove in the adopted Aberdeen Local Development Plan.  Until recently, the space was covered in soft landscaping and planting and was an intended and required area of amenity open space as part of the wider residential development (Ref:

161279/DPP), which had a significant quantity and variety of planted species, including a tree.

The application site had recently been the subject of an unauthorised change of use from open space to residential curtilage, the unauthorised removal of the required planting on the site and the installation of block paving. It now functioned as an extended area of driveway serving 3 Wellington Park.

The application site was bounded immediately to the northwest and north by Wellington Park, beyond which was open space, Wellington Road and thereafter the Loirston Loch Local Nature Conservation Site (LNCS); to the east and southeast by the residential curtilage and driveway of 3 Wellington Park; and to the southwest by a c.0.5m wide strip of open space beyond which is the

driveway and curtilage of 4 Wellington Park.

Mr Evans indicated that the appointed officer’s reasons for refusal outlined in the decision notice was as follows:-

•  ...  view the full minutes text for item 2.

The 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 erection of a double domestic garage to the front at 6 Cranfield Farm, Bridge of Don Aberdeen, planning reference 210628/DPP.

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.

In relation to the application, the LRB had before it (1) a delegated report by the Appointed Officer, Aberdeen City Council; (2) an application dated 5 May 2021; (3) the decision notice dated 9 September 2021 ; (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; and (6) consultee comments received from Roads Development Management. 

Mr Evans then described the site and advised that Detailed Planning Permission was sought for the construction of a detached double garage to serve the dwellinghouse known as 6 Cranfield Farm, a converted bothy. The garage would be located centrally along the western site boundary and would be adjacent to the residential curtilage of the original farmhouse to the west. It would measure c.7m by c.6.7m; would have a mono-pitched roof with a height to the front of c.3.3m and to the rear of c.2.7m. It would utilise existing retaining walls along the west (rear), south (side) and part of the north (side) elevation. The garage would be accessed from the east (front) across an area of lockblock followed by gravel and would further include a pass door in the north (side) elevation. Proposed finishing materials included Siberian larch vertical timber cladding and Kemnay grey render on a smooth cement render basecourse for the walls; an insulated profile roof panel; a sectional garage door; and grey pass door.

It was noted during a site visit that a retaining wall located to the south of the dwelling and north of the garden area had been constructed, and this was in place of landscaping approved as part of 150148, and had been erected without the benefit of planning permission. Additionally there had been an unauthorised increase in hardstanding, in that hard surfacing was only approved up to and including the area of lockblock as shown on drawing 101/Rev2 and 102/Rev2, which was intended as the parking area for this property, with the area beyond that to the west and north shown as gravel on drawing 102/Rev2 to be grass. These changes to the approved landscaping drawings constitute a breach of conditions of the original planning permission.

In terms of site description, the application site comprised a detached recently converted extended bothy and its associated residential curtilage.  ...  view the full minutes text for item 3.

With reference to article 1 of the minute of the Local Review Body of 6 October 2021, whereby the LRB agreed to defer consideration of the application until further information could be sought from the Health and Safety Executive (HSE) and INEOS as operators of the Forties Pipeline, the LRB then considered the fourth request for a review to refuse the application for alterations and extension to the playbarn at Wynford Farm, Borrowstone Road, Kingswells, Aberdeen, Planning Reference number 210265/DPP.

The Chairperson advised that Mr Gavin Evans would again be acting as the Planning Adviser to the Body in the following case under consideration this day and reiterated 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 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.

In relation to the application, the LRB had before it (1) a delegated report by the Appointed Officer, Aberdeen City Council; (2) an application dated 2 March 2021; (3) the decision notice dated 19 May 2021; (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;(6) consultee responses from the Roads and Environmental Health Teams, Aberdeen City Council, Health and Safety Executive, Shell UK Limited and INEOS FPS Limited and (7) further information requested from HSE.

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 C93C (Borrowstone Road - Clinterty to Kingsford) to the west of Brimmond Hill. The wider grounds extended as far as the City boundary, approx. 40m to the west. Wynford Farm was approximately 1.2km north east of Westhill and 2.1km north west of Kingswells. The wider complex comprised a 2-storey farmhouse and a converted and extended steading/portal framed sheds that formed the farm shop, café and playbarn. There were several trees along the eastern boundary, between the buildings and the road. Just north of the site on the opposite side of the road were large modern agricultural storage buildings, associated to the operation of the farm. There were a number of existing sheds and structures on site, which were located to the west of the existing building and car park. These sheds appeared to house birds and other types of animals and creatures as part of a visitor attraction. There was also a large play area to the west  ...  view the full minutes text for item 4.