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 231289

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 a Section 42 (variation to conditions) for the  variation to condition 4 (time limit for development) of Planning Permission 221571/DPP, at Greenpasture, Anguston Aberdeen, planning reference number 231289.

Councillor McRae 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 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 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 and decision letter by the Appointed Officer, Aberdeen City Council; (2) an application dated 13 October 2023, (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 Development Management Team, and Waste and Recycling Team, as well as neutral comments received from interested parties. 

Ms Greene then described the site and outlined the appellant’s proposal.   The application site was located in the countryside, 3.5km to the northwest of Peterculter, to the east of Baads and a group of houses known as Hillcrest Courtyard. It formed part of a wider site of some 2.3 hectares which included agricultural land, a stable block, and a temporary chalet. A detached dwellinghouse was currently under construction and close to completion in the eastern part of the site. The ground level across the wider site rises from south to north, with its northern boundary forming the crest of a hill. To the south of the application site were fields, whilst to the west and across an access track were a group of six houses.

The application was submitted under the provisions of Section 42 of the Town and Country Planning (Scotland) Act 1997 and sought to allow the development to be carried out without compliance with condition 4 of planning permission 221571/DPP which concerned the change of use of land for the erection of a temporary chalet/mobile home. Condition 4 related  ...  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 231145.

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 of flat to Short Term Let accommodation (sui generis) with maximum occupancy of four people at 22 Allan Street Aberdeen, planning reference number 231145.

The Chairperson stated that although the Planning Adviser for the LRB 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 and decision notice by the Appointed Officer, Aberdeen City Council; (2) an application dated 13 September 2023 (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) letters of representations received from consultees and interested parties.

Ms Greene then described the site and outlined the appellant’s proposal.   The property was a first floor flat within a semi-detached tenement building located in the residential area to the south west of the city centre. The building was divided into six flats with access to this flat via a rear stairway leading to the first floor. One other flat was accessed from this communal door and corridor (First floor right 22 Allan Street). Other flats in the building had separate access doors and lobby accesses. The flat was laid out with two bedrooms, a kitchen and a living room. The building had a large communal garden to the rear.

In terms of the proposal, it was noted that detailed planning permission was sought, for the change of use of the property from a residential flat to Short Term Let (STL) accommodation (both sui generis). The applicant advised that the maximum occupancy for the Short Term Lease was 4 persons at any one time, with a minimum stay duration of 3 nights. The property would be operated as an STL on a permanent basis and waste from the property would be collected from the on street residential waste bins. The property would have no maximum period of stay. There was an existing key safe to allow access located on the front door frame.

Ms Greene indicated that the appointed officer’s reasons for refusal outlined in the report of handling was as follows:-

The change of use of the property from a residential flat to short term let accommodation would have a significant adverse impact on the amenity of the occupants of the neighbouring residential flat which shares an access and entrance vestibule. This was because the occupants of the neighbouring flat would have to share the communal entrance and vestibule solely with frequently changing transient guests and cleaners of  ...  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 231029

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 erection of a single storey extension to the side and rear, formation of dormer to the rear and formation of roof terrace on the rear extension at 63 Grove Crescent Aberdeen planning reference number 231029. 

The Chairperson stated that although the Planning Adviser for the LRB 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 and decision notice by the Appointed Officer, Aberdeen City Council; (2) an application dated 19 August 2023 (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. 

Ms Greene then described the site and outlined the appellant’s proposal.    The application site was situated within the residential area of Cornhill, located to the north west of Aberdeen City Centre. The application property comprised of a one storey semi-detached property which holds a north facing principal elevation which overlooks a double driveway. The rear, south facing, elevation overlooks a large curtilage, where a single storey garage is situated to the south east of the curtilage, accessed via Grove Crescent to the south. A side curtilage to the west of the dwelling allows access from the front curtilage into the rear amenity space. The dwelling adjoins 61 Grove Crescent to the east and shares its boundary with neighbouring 65 Grove Cresent to the west.

In regards to the proposal, detailed planning permission was sought for multiple components of development which would be set within the side and rear curtilage.  Firstly, permission was sought to erect a single storey extension, projecting 4.5 metres from the south, rear, elevation, spanning the entire 6.5 metre width of the existing dwelling, with an approximate height of 2.9 metres. A window opening was proposed on its west elevation and double glazed sliding doors and an glazed paned are proposed for the south elevation, which would measure 2 metres high and 5.4 metres wide. The west and south elevation would be harled to match the existing property. A roof terrace was proposed on the roof of the extension, accessed via the proposed dormer extension.  A glazed balustrade was proposed along the perimeter of the terrace, which would measure 1.1 metres in height, resulting in an extension with a total height of 4 metres. The proposed plans received detail that the proposed terrace/roof of the rear extension would be tiled to finish.

The dormer extension was proposed for the south elevation of the existing roof plane and would have  ...  view the full minutes text for item 3.