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 211117.

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 change of use from class 10 (non-residential institutions) to class 9 (houses), removal of single storey rear extension, installation of new windows and bi-fold doors, replacement windows, formation of replacement steps with wall and balustrade and erection of domestic double garage and driveway to rear of 499 Great Western Road, Aberdeen, Planning Reference number 211117/DPP. 

Councillor Henrickson 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 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.  He 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 2 August 2021; (3) the decision notice dated 9 February 2022; (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 submitted by the Roads Development Team and Waste Services Team (ACC);  and (7) one letter of representation.

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 on Great Western Road, close to the junction with Anderson Drive and within the Great Western Road Conservation Area. The adjacent site had been extended and subdivided into flats. The building was a traditional, two storey, semi-detached granite property, most recently used as a pre-school nursery. The building fronted north onto Great Western Road. 447 Great Western Road had been divided into flatted properties, which was located to the east; and a rear service lane was located to the south. To the rear along the eastern mutual boundary, there was a single storey annex with a projection of 6 metres between it and the western boundary was a modern conservatory. The ground floor level of  ...  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 211549.

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 installation of replacement windows, erection of outbuildings, formation of steps, handrails, hard and soft landscaping, erection of rear fence, and associated works (partly retrospective) at 68 Rubislaw Den South, Aberdeen, Planning Reference number 211549/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.  He 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 (ACC); (2) the original application dated 29 October 2021; (3) the decision notice dated 24 January 2022; (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) four letters of representation.

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 on Rubislaw Den South close to the junction with Anderson Drive. The application was approved and included works within the rear garden area, building walls, gazebo and landscaping. As the applicant had pedestrian access only from the front, they had agreed with number 70 to take access via their garden and through the granite rubble wall. The site was located within the Albyn Place/Rubislaw Conservation Area, with the boundary being the edge of the road. The property was Category C listed and subdivided into two flats, with the application premises being the upper section. A listed building consent was submitted for the works covered by the planning application and was approved subject to the same condition which was the subject of the review as follows:-

Within 3 months of the grant of this consent the granite wall located along the western boundary shall be reinstated to its original condition and as detailed on Drawing No: D93 15 A. Reason: To ensure the timeous and appropriate restoration of the site and in the interests of preserving granite on site and providing a suitable level of private amenity for neighbouring properties; therefore, ensuring compliance with Policies D1 (Quality Placemaking by Design), D5 (Our Granite Heritage) and H1 (Residential Areas) of the Aberdeen City Local Development Plan.

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

·       that the application was  ...  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 211791.

The LRB then considered the third request for a review against the non-determination of  an application for full planning permission for the erection of 14 residential flats over 3 and 4 storeys, 1 shop unit and subdivision of existing flat to form 2 flats with associated infrastructure at 242 North Deeside Road, Aberdeen, Planning Reference number 211791/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 20 December 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 Roads Development Management Team, Environmental Health, Waste Recycling Team, Contaminated Land Team, Housing Team and Developer Obligations Team (all ACC), Scottish Water, Police Scotland, Dee District Salmon Fishery Board, North East Scotland Biological Records Centre and Culter Community Council; and (6) three 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. In this case a request for an extension of this period was declined. 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. Comments were received from the applicant and also from the Community Council. The applicant also commented on the Community Council’s submission.

Ms Greene then described the site advising that it was located on the north side of North Deeside Road, Peterculter, at the western end of its neighbourhood centre and at the gateway to the countryside. There was a mix of uses in the area including retail, public houses, a restaurant and a hot food takeaway. The site was currently occupied by a vacant traditional granite single storey building attached to a 1.5-storey granite building with a class 2 unit (beauty salon) on the ground floor and residential flat above. This flat was accessed via an external stair located at the rear of the building. The site also included a small car park, a large, corrugated roofed shed/outbuilding  ...  view the full minutes text for item 3.