Agenda and minutes

The agenda, reports and recording 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 alterations and extension to  the dwellinghouse at Borrowstone, Borrowstone Road, Aberdeen, Planning Reference number 210930/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 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 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 the Appointed Officer, Aberdeen City Council; (2) an application dated 24 June 2021; (3) the decision notice dated 11 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 it was a traditional granite house with curtilage mainly to the south and east. It lay to the south of the farm buildings and to the east of Borrowstone Bothy that had been extended and converted for residential use. The frontage of the building faced south. Other buildings in the grouping include a collection of agricultural buildings of a mix of sizes and materials, mostly modern. The site was accessed from a private track off a minor road which joins the AWPR roundabout on the A944.

Ms Greene indicated that there was no relevant planning history and advised that Detailed Planning Permission (DPP) was sought for the contemporary style single storey extension to the front and side of the house and would wrap around the corner of the building. The extension would be glazed to the south, with black horizontal and vertical timber cladding. The roof would be a single ply membrane with aluminium parapet flashing and aluminium clad timber windows. Other works including to dormers, do not require planning permission as they were  ...  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 erection of fence to the front (retrospective) of 6 Parkhill Avenue, Aberdeen, Planning Reference number 211481/DPP. 

The Chairperson advised that Ms Lucy Greene 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, 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.

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 13 October 2021; (3) the decision notice dated 23 November 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) letters of representation submitted by neighbouring properties.

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 it was a semi detached house with front and rear curtilage. The principal elevation faced south, away from Parkhill Avenue with front gardens facing onto an area of open space and the Far Burn running immediately adjacent to the garden boundary.

Ms Greene advised that there was no relevant planning history and the proposal for Detailed Planning Permission which was sought retrospectively for the erection of the approximately 1.8m high timber fence around the front garden. Supporting posts were on the outer side, with panels facing into the garden.

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

• that the height and scale of the fence was wholly out of character with the characteristics of the surrounding area;
• that it had a detrimental impact on visual amenity; and
• it was contrary to Policy H1 (Residential Areas), Policy D1 (Quality Placemaking by Design) in addition to the Council’s Supplementary Guidance ‘Householder Development Guide’.

Ms Greene outlined the key points from the appellant’s Notice of Review as follows:-

• that there were 5 other properties with similar fences on Parkhill Avenue – photos were submitted of fences at numbers 26, 36, 38, 40 and 44. Precedent was already set;
• that in view of the above, the fence was not out of character with the area;
• that No. 6 was around 100m from a public footpath, with a variety of buildings and uses beyond, such as industrial buildings, petrol station and hotel car park, as well as a  ...  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 change of use to Class 1 (Shops) at Unit 2a Bridge Of Don Industrial Estate, Woodside Road, Aberdeen, Planning Reference number 211161/DPP. 

The Chairperson advised that Ms Lucy Greene 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, 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.

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 10 August 2021; (3) the decision notice dated 10 December 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) a consultee response submitted by the Roads Development Management Team.

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 it was located to the northern most of a pair of attached industrial units within an industrial estate off Woodside Road, to the north of the parkway. The unit contained two levels internally and was finished typically in metal cladding and brick.

Ms Greene advised that there was no relevant planning history and the proposal for Detailed Planning Permission was sought for change of use of the building to class one retail. The submitted plans showed that the public entrance would be on the north east elevation with car, motorcycle and bike parking in the area adjacent. The application indicated that the gross floorspace within the building would be 488m2.

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

• that Class 1 (shops) was not an acceptable use within Policy B1 (Business and Industrial Land);
• the proposal was not within a designated centre as outlined within Policy NC4 (Sequential Approach and the Hierarchy of Centres Supplementary Guidance); and
• the proposal did not meet the criteria within Policy NC5 (Out of Centre Proposals).

Ms Greene outlined the key points from the appellant’s Notice of Review as follows:-

• the proposal accorded with the Development Plan as it contributed to the vision, aims and objectives of the Strategic Development Plan, by meeting the diverse needs of different types and sizes of businesses in line with the aspirations of the ALDP policies on business and industrial land, and complied  ...  view the full minutes text for item 3.