Agenda and minutes

The agenda and reports associated with this minute can be found at:-

https://committees.aberdeencity.gov.uk/ieListDocuments.aspx?CId=284&MId=5734&Ver=4

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 request for planning permission for the proposed change of use from amenity land to garden ground and the erection of a fence round the boundary at 29 Seaview Avenuem, Aberdeen, 161787.

Councillor Donnelly as Chairperson gave a brief outline of the business to be undertaken.  He indicated that the LRB would be addressed by the Assistant Clerk, Mrs Lynsey McBain as regards the procedure to be followed and also, thereafter, by Mr Andrew Miller who would be acting as the Planning Adviser to the Body in the case under consideration this day.

The Chairperson stated that although the Planning Adviser was employed by the planning authority hehad 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 regards 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 certain more general aspects relating to the procedure.

In relation to the application, the LRB had before it (1) a delegated report by Mr Roy Brown, Planner; (2) the decision notice dated 7 April 2017; (3) copies of the plans showing the proposal; (4) links to the planning policies referred to in the delegated report and (5) the Notice of Review submitted by the applicant along with an accompanying statement.

The LRB was then addressed by Mr Miller who advised that the submitted Notice of Review was found to be valid and submitted within the relevant timeframes.

Mr Miller explained that the site subject to the review covers an area of amenity space to the east of the boundary of 29 Seaview Avenue with amenity land and the surrounding area is a relatively modern residential development, although there is industrial land to the east.  Mr Miller indicated that the amenity land acted as a buffer between the residential and industrial land.

Mr Miller indicated that the application sought consent for the change of use of the amenity land and its enclosure to form extended garden ground and during consideration of the application, the development was part implemented though works have since stopped.

Mr Miller outlined thatthe request sought the review of the decision of the appointed officer to refuse the application under delegated powers and the stated reasons for refusal were as follows:-  

There would be a loss of urban green space which would be contrary to policy NE3 – Urban Green Space of the Aberdeen Local Development Plan, on the basis it would impede on the open setting of the nearby path and end  ...  view the full minutes text for item 1.

Please note that the application was approved conditionally and the applicant is appealing against condition 6:-

That notwithstanding the provisions of Article 2(4), Schedule 1, Part 1, Classes 1A, 1B, 1C, 1D, 3A and 3B of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 as amended by the Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011, no extensions, alterations or improvements which materially affect the external appearance of the dwellinghouse, nor any means of enclosure shall be erected or carried out either on, or in the curtilage, of the dwellinghouse hereby approved without a further grant of planning permission from the planning authority - in the interests of visual amenity.

The Local Review Body 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 approve the application conditionally for the replacement dwellinghouse and garage at Auchinyell, 3 Prospecthill Road Aberdeen.  The applicant wished to appeal and remove condition six.

The Chairperson advised that the LRB would be addressed by Mr Gavin Evans and reminded members that although the Planning Adviser was employed by the planning authority he 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 Mr Andrew Miller, Senior Planner; (2) the decision notice dated 24 February 2017; (3) copies of the plans showing the proposal; (4) links to the planning policies referred to in the delegated report; (5) comments received from consultees and (6) the Notice of Review submitted by the applicant along with an accompanying statement.

Mr Evans explained that the site subject to the review comprises a 1 ½ storey house with hipped roof and relatively large garden ground fronting Prospecthill Road.  The surrounding area is residential with a mix of house types, the majority of which are detached and set in generous gardens.

Mr Evans indicated that the application sought consent for the demolition of the existing house and erection of a larger replacement house, along with a detached garage to the rear, accessing onto Baillieswells Terrace.

Mr Evans outlined thatthe request sought the review of the decision of the appointed officer to approve the application conditionally  under delegated powers and sought the removal of condition six, which was as follows:-  

That notwithstanding the provisions of Aritcle 2(4), Schedule 1, Part 1, Classes 1A, 1B, 1C, 1D, 3A and 3B of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 as amended by the Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011, no extensions, alterations or improvements which materially affect the external appearance of the dwellinghouse, nor any means of enclosure shall be erected or carried out either on, or in the curtilage, of the dwellinghouse hereby approved without a further grant of planning permission from the planning authority – in the interests of visual amenity.

In regards to consultees and objections, Mr Evans advised that three letters of representations were received; one objection and two neutral.  In regards to statutory consultees, Roads Development Management and the Flooding and Coastal Protection team submitted comments on the application but did not object.

Mr Evans also made reference to the relevant planning considerations, as follows:-

• H1 – Residential Areas: seeks to ensure that all development is suitable for the character and amenity of the surrounding area, as well as general compatibility with residential uses.  ...  view the full minutes text for item 2.