Agenda and minutes

The agenda, reports and recording associated with this meeting can be viewed here.

Members, please note that all plans and supporting documents relevant to the review can be viewed online here and by entering the application reference number 211339.

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 for the refusal of the application for Detailed Planning Permission for the change of use of road to provide an external seating area with 3 seating pods, at Red Robin Records ,13 Correction Wynd, planning reference 211339.

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 11 September 2021; (3) links to the plans showing the proposal and planning policies referred to in the delegated report; (4) the Notice of Review submitted by the applicant; and (5) letters of representation from the Aberdeen City Council’s Roads Department and Environmental Health. 

It was noted that the applicant had submitted a 30 page document with the Notice of Review which was not before the appointed officer when a decision was made, therefore this was classed as new information.  Having heard from  the Legal Officer, the LRB agreed unanimously not to accept this new information and that it would not be taken into consideration during the determination of the application.

Mr Evans then described the site and outlined the appellant’s proposal.  The application site was a rectangular area measuring c.14m2 located immediately opposite 13 Correction Wynd. The site formed part of the carriageway of Correction Wynd and was currently occupied by three timber ‘pods’, which had been placed there as part of ‘Spaces for People’ social distancing measures by the applicant, acting as additional seating area for their café Red Robin Records at 13 Correction Wynd. The timber pods measured c.2m by c1.2m with an overall height of c.1.9m. They had two opening doors facing out onto the pavement, and high-level windows in the side and rear elevations. The ‘pods’ were finished in a painted graphic design incorporating the logo of the café. The site lay within  ...  view the full minutes text for item 1.

Members, please note that all plans and supporting documents relevant to the review can be viewed online here and by entering the application reference number 210657.

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 Detailed Planning Permission for the installation of a security fence at Wooland and Henry site, Stoneywood Park, Aberdeen, planning reference 210657.

The Chairperson stated that although the Planning Adviser for the LRB 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 and decision notice by the Appointed Officer, Aberdeen City Council; (2) an application dated 11 May 2021 (3) links to the plans showing the proposal and planning policies referred to in the delegated report, (4) the Notice of Review submitted by the agent and (5) various consultee comments and four letters of objection.

Mr Evans then described the application site and noted the application site, noting it comprised existing industrial premises (workshop, yard, parking) together with adjacent undeveloped woodland areas. The industrial premises was accessed via Stoneywood Park within an industrial estate. The woodland formed part of a larger woodland area which was required to be retained as public open space in association with the adjacent housing development but had been purchased by the applicant. To the east of the site was a public path within a wooded area which functioned as an important link in the recreational pathway network along the River Don.

The site was bounded to the south by a SUDS pond developed as part of the adjacent housing development. To the south of this lay a suburban housing development (allocated as OP17 – Stoneywood in the Aberdeen Local Development Plan).  A mature woodland / tree belt extended west from the site, parallel to Cedar Avenue and towards Stoneywood Road.  This was protected by a Tree Preservation Order (No.257) and was understood to have been part of the woodland policies originally associated with Stoneywood Estate. A separate TPO (No. 259) was served on the mature woodland within the site in 2020.

In terms of the proposal, Mr Evans advised that Detailed Planning Permission was sought for the erection of a metal chain-link mesh security fence within the woodland area, approximately 3m to the east of the boundary of the industrial site (i.e. the original fence line), running parallel to the original eastern boundary. The fence would be topped with 3 horizontal strands of barbed wire and would have a maximum height of 2.32m. The southern end of the proposed fence line would taper to join the existing south boundary. The area of open space that would be enclosed / encroached on would be around 180 square metres. A blackthorn hedge was proposed to be planted along the  ...  view the full minutes text for item 2.

Members, please note that all plans and supporting documents relevant to the review can be viewed online here and by entering the application reference number 211241.

The Local Review Body (LRB) of Aberdeen City Council then considered the third review to evaluate the decision taken by an appointed officer under the Council’s Scheme of Delegation to refuse the application for Detailed Planning Permission for the formation of linked dormer to the rear and replacement windows to the front, side and rear at 57 Blenheim Place Aberdeen, planning reference 211241.

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.

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 25 August 2021; (3) links to the plans showing the proposal and planning policies referred to in the delegated report; and (4) the Notice of Review submitted by the agent.

It was noted that the applicant had submitted additional information with the Notice of Review which was not before the appointed officer when a decision was made, therefore this was classed as new information.  Having heard from  the Legal Officer, the LRB agreed unanimously to accept this new information. 

Ms Greene then described the site and outlined the appellant’s proposal.  The application site was located on the western side of Blenheim Place, immediately across from the junction with Osborne Place and adjacent to a car park which sits along the southern boundary, related to the Blenheim House office building, currently occupied by EY (formerly known as Ernst and Young) and The Wood Foundation. The property backs on to a rear lane that runs between, and parallel to, Blenheim Place and Fountainhall Road. The property was an upper floor flat that formed part of a traditional granite, 2 storey, semi-detached property. All windows relating to the upper floor flat were white, metal, sash and case units. The rear (west) roofslope contained two piended dormers which mirrored the adjoining property. The surrounding area was characterised by properties of a similar architectural character. The vast majority of the roofs of these properties – notably on the western side of Blenheim Place – contained either piended dormers or rooflights. The site lay within the Albyn Place and Rubislaw Conservation Area.

In terms of the proposal, Ms Greene advised that Detailed Planning Permission (DPP) was sought for the extension of the existing dormers to the rear (west) elevation of the building and the installation of replacement windows to the front (east), rear (west) and side (south) elevations of the property. It was proposed to infill the area between the two end haffits of the existing dormers, forming a dormer which would total a maximum 6.8m in width. The infill area would consist of an additional sash and case window and slate roof tiles. The pitched  ...  view the full minutes text for item 3.

Members, please note that all plans and supporting documents relevant to the review can be viewed online here and by entering the application reference number 210311.

The Local Review Body (LRB) of Aberdeen City Council then considered a request to review against the non-determination of  an application for Detailed Planning Permission for the change of use from and conversion of offices (class 4) to form 16 residential flats (sui generis), including the removal of existing link to form separate buildings, various alterations, the formation of parking to the rear and the installation of railings to the front at 31-32 Albyn Place Aberdeen, planning reference 210311.

The Chairperson stated that although the Planning Adviser was employed by the planning authority, she had not been involved in any way with 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 March 2021; (3) links to the plans showing the proposal and planning policies referred to in the delegated report; (4) the Notice of Review submitted by the applicant; (5) consultee responses submitted by various statutory consultees; and (6) two letters of representation.

The LRB was then addressed by Ms Greene who advised that an appeal against non-determination would take place where there had not been a decision made on an application during the statutory period of 2 months following validation of the application.  The request for review had been correctly submitted with all necessary information within the time limit following the end of the statutory period.

Ms Greene explained that whilst no new matters had been raised in the review submissions, a case officer report had been submitted. A period of 14 days was provided for interested parties to comment on the report.

Ms Greene then described the site advising that the property at 31-32 Albyn Place comprised a pair of semi-detached traditional granite-built dwellings, that were later converted and extended for office use, located within the Albyn Place/ Rubislaw Conservation Area. The buildings were not covered by a listing designation. The property sat on a north – south orientation with their formal frontage to Albyn Place presenting 1½ storeys in height over a basement but to the rear, due to levels, the buildings is 2½ storeys, and had been extended to the rear with a significant extension.  The original doors and windows were still present within these properties. Metal railings were still present on the stepped access to the front and the lightwells to the basement but those on the front boundary were removed a number of years ago.

To the rear of the traditional properties was a large, brickwork rendered, 3 storey structure previously built for and used as an office extension. This rear structure was originally physically linked to the semi-detached properties, but the two links had now been removed by the applicant. The site extended to 2520sqm. The rear office building was accessed from  ...  view the full minutes text for item 4.