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 220919.

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 to provide an external seating area with three seating pods on road to the front of 13 Correction Wynd, Aberdeen, AB10 1HP, Planning Reference number 220919/DPP. 

Councillor Boulton as Chair for this item only, 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.  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 21 July 2022; (3) the decision notice dated 14 September 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.

Ms Greene then described the site and advised that it was a rectangular area extending to c.14m2 immediately in front of 13 Correction Wynd. The site formed part of the old carriageway of Correction Wynd. The site had a historic setting and character, and was located within the city centre boundary and the

City Centre Conservation Area, and was located between the curtilage and boundary wall of the A-listed Churchyard and category B and C listed buildings along Correction Wynd.

Ms Greene outlined the appellant’s proposal which sought planning permission for a change of use of part of Correction Wynd to an external seating area and the installation of three timber pods on the carriageway of Correction Wynd, immediately adjacent to the pavement and opposite to 13 Correction Wynd which currently traded as Red Robin Records (café and record shop). The pods were constructed of timber and painted in various colours, have a mono-pitched roof and measure c.2m by c.1.2m by a height varying between c.1.7m and c.1.9m.

She indicated that the appointed officer’s reasons for refusal outlined in the decision notice was as follows:-

·       That the change  ...  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 211447.

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 a porch, 1.5 storey extension to north elevation, dormer extensions and detached domestic garage at Kingshill, Kingswells, Aberdeen, AB15 8QB, Planning Reference number 211447/DPP. 

Councillor Henrickson, who was chairing the following two reviews 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 15 September 2021; (3) the decision notice dated 13 September 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.

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 1.5 storey late 19th century granite-built dwellinghouse, known as Kingshill. It has associated residential curtilage, and an area of undeveloped land to its east. The dwellinghouse had a southeast facing principal elevation; it had single-storey flat roofed extension to the rear and a box dormer to the front. The site sloped c.1m from the north of the site to the ground adjacent to the southeast elevation of the dwellinghouse. The application site was allocated within Opportunity Site 38 – Countesswells (OP38) in the Aberdeen Local Development Plan 2017, the delivery and construction of the Countesswells development is on-going and much of it to the south of the application site had been completed. The dwellinghouse was part of a group of four dwellinghouses bounding Kingshill Road.

In terms of the appellant’s proposal, Ms Greene advised that Detailed Planning Permission was sought for the erection of a two storey extension next to the existing projecting gable. The extension would have a maximum height of 5.6m, with ridges at 5.5m and eaves at 2.8m. The extension would project 6m beyond the existing flat roofed extension and the porch would include an entrance door and would project out 2.6m. In terms of the materials, the front elevation would be in reclaimed granite and the roof would be slate. The roof tiles would match the existing, other finishes would  be cement  ...  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 220805.

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 erection of a detached double garage with home office above at Fairhill, 275 North Deeside Road, Milltimber, Aberdeen, AB13 0HA, Planning Reference number 220805/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; (2) an application dated 23 June 2022; (3) the Decision Notice dated 7 September 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; and (6) a consultee response from the Council’s Roads Development Management Team.

Ms Greene then described the site advising that it consisted of a 2 storey detached house within a large plot and accessed off North Deeside Road, with the garden ground bounded by Station Road East to the east. A small existing garage existed alongside the eastern boundary of the garden which contained a number mature trees mainly around the edges and these were protected by Tree Preservation Order(s).The driveway split so that one route leads to the rear of the house. To the south east of the house and running parallel at a distance of some 8 metres from the eastern boundary of the site, lay an overgrown path which had been identified as an old driveway. The path extended from the hardstanding which lay to the east of the property and to the southern boundary of the site.

Ms Greene indicated that the proposal was for the erection of a two storey extension next to the existing projecting gable.The proposal would result in the loss of 11 spruce trees which lay within the footprint and to the north of where the proposed garage would be located, with 6 of these rising to a height of 20-21m and the remaining 5 measuring between 12-19m in height. The Survey highlighted the trees had a life expectancy of less than 10 years and recommended their removal within 12 months, outlining that such removal would create significant opportunity for replacement planting and allow for the establishment of a more diverse range of trees of long-term potential. The Survey advised that a mixture of Scots Pine and Silver Birch were used to maximise biodiversity and tree cover, with tree planting locations included within the Tree Survey  ...  view the full minutes text for item 3.