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 application for the formation of dormers to the front and rear and installation of replacement windows at 25 Albury Place Aberdeen, 210860/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, Mrs Lynsey McBain with regards to the procedure to be followed and also, thereafter, by Ms Lucy Greene 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, she 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 1 July 2021; (3) the decision notice dated 3 November 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. 

The LRB was then addressed by Ms Greene 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.

Ms Greene then described the site advising that the application site is the upper floor flat within a two storey traditional granite semi detached building and was located within the Ferryhill Conservation Area.  To the front of the site us Albury Sports Ground, whilst to the rear of the building is surrounded by other residential buildings.

In terms of the proposal, detailed planning permission was sought for the erection of dormers to the front and rear of the roof and the replacement of windows and the blocking up of a window opening in the north gable.  The proposed front dormer would be 4.3m in length, 2m high and 3.9m deep and would be set 700mm from the mutual boundary and from the bay window, 300mm below the ridge.  It would be contemporary in design and finished in zinc and the front would be glazed with grey PVC windows. 

Ms Greene indicated that the Appointed Officer’s reasons for refusal stated in the decision notice was as follows:-

·       There the proposed dormer would have a significant detrimental impact on the character of  ...  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 driveway to the rear at 128 Hammerfield Avenue Aberdeen, 211190/DPP.

The Chairperson advised that the LRB would again be addressed by Ms Greene and reminded Members that although Ms Greene was employed by the planning authority she 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.

Ms Greene advised that 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 17 August 2021; (3) the decision notice dated 28 October 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; and (6) comments made from representations. 

The LRB was then addressed by Ms Greene 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.

Ms Greene then described the site advising that the application site was the rear garden of an upper floor flat within a two storey building which contained two flats and fronted onto Hammerfield Avenue.  The garden was bounded at the rear end by a lane serving properties along Hammerfield Avenue and Duthie Terrace.  There was a granite wall bounding the rear garden.

In regards to the proposal, Ms Greene explained that the applicant had proposed to remove a section of the granite boundary wall measuring 2.7m wide.  This, along with the removal of existing bushes, would accommodate the proposed driveway which would measure 3m by 5m and would have a porous paver finish.  It was noted that a mirror was to be mounted on top of the boundary wall to give views of oncoming vehicles and pedestrians along the lane.  Ms Greene advised that planning permission was not required for the demolition of the existing boundary wall.

Ms Greene indicated that the Appointed Officer’s reasons for refusal stated in the decision notice was as follows:-

·       The proposed driveway would result in an unacceptable impact on road safety;

·       The proposal was contrary to the Supplementary Guidance: “Transport and Accessibility” and therefore with the provisions of T2 (Managing the Transport Impact of Development) of the ALDP and Policy T3 (Parking) of the Proposed LDP 2020 relating to the location of the proposed access; and

·       The proposals would detract from the character of the coach house, which contributed significantly to the special historic architectural interest of the listed building and the rear lane of the terrace.

Ms Greene outlined the key points from the appellant’s Notice of  ...  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 a driveway to the front with associated landscaping (partially retrospectively) at 341 Great Western Road Aberdeen, 210799/DPP.

The Chairperson advised that the LRB would again be addressed by Ms Greene and reminded Members that although Ms Greene was employed by the planning authority she 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.

Ms Greene advised that 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 June 2021; (3) the decision notice dated 2 September 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/agent.

The LRB was then addressed by Ms Greene 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.

Ms Greene then described the site advising that the site included a detached traditional building with frontage onto Great Western Road and the building had been used as an office since 2012 and the area to the front had been recently resurfaced, with the loss of a small garden area.  The site also falls within the Great Western Road Conservation Area.

In terms of the proposal, it was noted that the application was for the formation of the driveway to the front with associated landscaping and was partially retrospective as the driveway had already been formed when the entire frontage was resurfaced in tarmac.  Ms Greene advised that the plans submitted showed parking within the east part of the frontage area had been in existence in excess of ten years and the parking use was therefore exempt from enforcement and can continue.  The applicant was however seeking permission for this together with the reintroduction of the garden area to the west.

Ms Greene indicated that the Appointed Officer’s reasons for refusal stated in the decision notice was as follows:-

·       The tarmac was not an acceptable finishing material in the Conservation Area, being detrimental to its character and appearance;

·       The proposal failed to comply with the statutory duty to have regard to the preservation and enhancement of the character and appearance of the Conservation Area and would conflict with Policies D1 – Quality Placemaking by Design, D4 – Historic Environment of the Local Development Plan 2017 and the Transport and Accessibility Supplementary Guidance;

·       It was contrary to Scottish Planning Policy and Historic Environment Policy for Scotland as well as the Managing Change Guidance:  Settings  ...  view the full minutes text for item 3.