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 220267.

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 erection of a first floor extension at Kercallie Cottage, 8 Charles Place, Aberdeen, AB25 3TW, Planning Reference number 220267/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 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 3 March 2022; (3) the decision notice dated 16 June 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) a consultee response submitted by the Roads Development Management Team.

By way of a preliminary matter, the LRB heard Ms Greene advise that additional information (Appendix 9 – Shadow Cast) had been submitted by the applicant which was not before the appointed officer when the decision was made to refuse the application, therefore the LRB would need to consider whether to accept the additional information into the proceedings.

The LRB then heard from the Legal Adviser who made reference to Section 43B of the Town and Country Planning (Scotland) Act 1997.

The LRB members advised in turn and agreed unanimously not to accept the additional information into the proceedings for consideration.

Ms Greene then described the site advising that it comprised a single-storey granite-built dwellinghouse and its front and rear curtilage was in a residential area. The dwellinghouse had a northeast facing principal elevation. The immediate surrounding area was particularly dense in nature, with the site bounded by Charles Place, a pedestrian lane, to the northeast; residential dwellings (5 and 7 Charles Street) and a 7 bedroom HMO property (9 Charles Street) to the southeast; the residential flats of 506 George Street to the southwest and the PDSA Pet Hospital (30 Fraser Place), which had staff living

accommodation in its upper floor to  ...  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 220423.

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 a Guest House to form three residential flats including alterations and addition of window/door openings at Antrim Guest House, 157 Crown Street, Aberdeen, AB11 6HT, Planning Reference number 220423/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 (ACC); (2) the original application dated 31 March 2022; (3) the decision notice dated 11 July 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) consultee responses submitted by the Roads Development Management Team, Waste and Recycling Team and Environmental Health Team (ACC).

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 comprised a 2½ storey granite-built tenement building and its associated grounds to the rear in an inner-city residential area. The building was used as both an 8-bedroom guest house across its basement, ground, first and second storeys. A separate commercial unit was located on the ground floor in use as a beauty salon operated by ‘Glam Salon Boutique.’ The building had a southwest principal elevation that fronts Crown Street, a northwest side elevation that fronted Wellington Place and adjoined residential flats to the southeast. Residential flats, 21 Wellington Place, bound the curtilage to the northeast. At the rear of the site was a modern single storey extension, a lean-to shed, hard surfaced curtilage which was partially used as a parking area accessed from Wellington Place to the north.

In terms of the appellant’s proposal, Ms Greene advised that Detailed Planning Permission was sought for the change of use and sub-division of the existing guest house to three residential flats.

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

• Unacceptable level of residential amenity;
• Unacceptable low level of sunlight, daylight and outlook to ground and basement level flat;
• Proposed rear curtilage not of quality and area;
• Conflict with policies H1 (Residential Areas), D1 (Quality Placemaking by Design) in the adopted plan; and
• Conflict with  ...  view the full minutes text for item 2.