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 250083/S42.

The Local Review Body (LRB) of Aberdeen City Council met on this day to consider a review of the decision taken by an appointed officer under the Council’s Scheme of Delegation for the refusal of the application for a Section 42 (Variation to Conditions) - Removal of condition 9 (stair access) of planning permission ref. 231375/DPP to remove the requirement to provide steps to Great Northern Road at 868-870 Great Northern Road Aberdeen, planning reference 250083

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 by the Appointed Officer, Aberdeen City Council; (2) an application dated 30 January 2025; (3)  the Decision Notice dated 14 March 2025; (4) links to the plans showing the proposal and planning policies referred to in the draft delegated report and (5) the Notice of Review submitted by the applicant/agent. 

Ms Greene then described the site and outlined the appellant’s proposal for detailed planning permission.

Ms Greene advised that the application site related to a recently constructed single storey retail showroom located on the north side of Great Northern Road, close to the Haudagain Roundabout junction. The site extended to around 0.34 hectares and was generally square. It sloped down from its Great Northern Road frontage to the Aberdeen to Inverness railway line on its northern boundary, a total fall in height of around 8m. The railway line sat around 6m lower than the northern edge of the application site. Vehicular and pedestrian access was taken from a new access onto a dead-end section of Mugiemoss Road on the eastern side of the site, itself accessed from Great Northern Road. A car park with eighteen spaces had been provided at the front (east) of the building, with a service road provided on the north side to serve a service area with five parking spaces at the rear of the building. A landscaped strip including trees would separate the building and hard standings from Great Northern Road. On the  ...  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 250070.

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 a change of use from office (class 4 business use) to gym (class 11 assembly and leisure), at Innovation Centre, Exploration Drive Aberdeen, planning reference 250070

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 28 January 2025 (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) consultee responses. 

Ms Greene then described the site and outlined the appellant’s proposal.   The site comprised a largely vacant office pavilion and associated external car parking and amenity space located within landscaped ground within the Aberdeen Energy Park. The 2 storey building comprised 22 office suites, arranged around a central atrium. Unit 7 was occupied by a subsea consultancy. Unit 3 was also let. There was an ancillary reception, breakout space and meeting room. It had a total floor area of 1,248 Square metres with 68 associated car parking spaces. It was accessed from Exploration Drive, to the east. The nearest active bus stops to the site were on Ellon Road (A92), around 700m and 850m walking distance for southbound and northbound services respectively. The land to the west of the site, across Claymore Drive, was currently being redeveloped for residential use. A nursery and Silverburn Gymnastics Centre, around 106m west of the site, were located immediately to the north of that development.

In terms of the proposal, Ms Greene advised that a change of use was sought to use the entire building as a gym. No proposed layout, operational plan or details of the intended operator were provided. The existing access arrangements and parking would be retained. No external alterations were proposed and a bin storage area was shown within the car park.

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

01.  Conflict with Local Plan B2 Business Zones Policy

The large scale and nature of the proposed use was such that it would attract customers from a wider area than the surrounding business zone and local area and thus would be contrary to B2 (Business Zones) within the Aberdeen Local Development Plan 2023 (ALDP). No evidence has been provided that the use would primarily be targeted at meeting the needs of businesses and employees within the Business  ...  view the full minutes text for item 2.

At this juncture, Cllr van Sweeden replaced Councillor Boulton as she was a local member. 

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 240753.

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 change of use of amenity land to domestic garden ground and erection of fence (partly retrospective) at the Mount, the Bush, Aberdeen, planning reference 240753.

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 18 June 2024 (3) links to the plans showing the proposal and planning policies referred to in the delegated report; (4) and the Notice of Review submitted by the agent. 

Ms Greene then described the site and outlined the appellant’s proposal.   The site comprised a c.300sqm area of open space to the northeast of a semi-detached dwellinghouse known as ‘The Mount’ in Peterculter. The site had been the subject of an unauthorised change of use to garden ground associated with this dwelling. An unauthorised fence had also partially been erected around the area, alongside a pergola structure and paving, which did not have planning permission. Prior to the unauthorised change of use, the site formed part of an area of a large area of open space which surrounds the site to the west, north and east and is mature woodland. The trees on the site were protected by a Tree Preservation Order and historic maps dating from 1866 indicate that the area has continuously been woodland, pre-dating much of the development of Peterculter.

Ms Greene noted that planning permission was sought partially retrospectively for the change of use of the application site from amenity land to domestic garden ground and for the erection of a fence to enclose the area. The fencing was c.2m in height. It projected approximately 11.5m beyond the established curtilage boundary to the north of the site (and that of the adjacent property) and there were c.21m, c.5.5m and c.11.5m long sections of fence, enclosing the area that extended to approximately 300 sqm.

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 this land to domestic garden ground and the erection of fencing results in the enclosure and loss of an area of open space and mature woodland habitat of local biodiversity value and that contributes to the character of the surrounding area. The proposal thus conflicts with Policy 6 (Forestry, Woodland and Trees) of National Planning Framework 4 (NPF4) and Policies H1 (Residential Areas) and NE2 (Green and Blue Infrastructure) of  ...  view the full minutes text for item 3.