Agenda and minutes

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The Local Review Body (LRB) of Aberdeen City Council met at the Town House to review the decision taken by an appointed officer under the Council’s Scheme of Delegation to refuse the request for the erection of a 1.5 storey extensions to the gable and rear to form a straight gable, raised height of the chimney and the formation of a dormer window to the front, at 39 Cults Avenue Aberdeen. 

Councillor Jennifer Stewart as Chairperson gave a brief outline of the business to be undertaken.  She 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 Gavin Evans who would be acting as the Planning Adviser to the Body in the case under consideration.

The Chairperson highlighted 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 LRB 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 Mrs McBain, Assistant Clerk regarding 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 Ms Sheila Robertson, Planning Technician; (2) the decision notice dated 17 August 2018; (3) links to the plans showing the proposal and planning notices referred to in the delegated report; and (4) the original application and Notice of Review submitted by the applicant.

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

Mr Evans explained that the application site was a 1½ storey detached dwelling house with a hipped roof, which sits on the western side of Cults Avenue.   The dwelling house had velux-style roof windows to both the front and rear elevations, with a garage running down the southern side of the house, along the boundary with no 37.

Mr Evans noted that the original footprint of the property appeared to have been extended previously to the rear, with the addition of a single-storey conservatory and kitchen extension respectively. Cults Avenue was characterised by large detached dwellings, however there was a considerable degree of variation in colour, materials, roof style and general design within the street.

In regard to the proposal, Mr Evans explained that the application proposed the extension of the dwelling to the site and rear, along with the reconfiguration of the roof to present a traditional pitched roof with straight gables, along with a pitched-roof rear projection and a small area covered by a flat roof.  The existing garage, conservatory and kitchen extension  ...  view the full minutes text for item 1.

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 refuse the application for the formation of a driveway at 28 Cadenhead Place Aberdeen, 180883/DPP.

The Chairperson advised that the LRB would again be addressed by Mr Gavin Evans and reminded Members that although Mr Evans 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.  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 Ms Sheila Robertson, Planning Technician; (2) the decision notice dated 3 August 2018; (3) links to the plans showing the proposal and planning notices referred to in the delegated report; (4) comments received from Roads Development Management and (5) the original application and Notice of Review submitted by the applicant.

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

At this juncture, Mr Evans advised that the applicant had asked that a doctor’s note be submitted to be considered as part of the Local Review Body.  Lisa Christie, Legal Adviser to the LRB, explained that new material was not normally raised unless there was a reason why it couldn’t be raised before and when the original case officer was determining the application unless in exceptional circumstances.  Ms Christie advised it was for Members to decide whether to accept the additional information or not.  Members discussed the situation and agreed unanimously to accept the additional information, and agreed that the letter was not readily available to the applicant previously, and as such could not submit it to the case officer and unanimously accepted that the letter was not available at the time of the original determination.  

Following the acceptance of the additional information, Mr Evans explained that the application related to the proposed formation of a driveway and the application site was located on the south eastern side of Cadenhead Place approximately 17m from its junction with Cadenhead Road and the application related to the ground floor (Left) in a 3 storey block which contained 6 flats conjoined to an identical building.  The garden ground pertaining to the application flat comprised an area of front garden ground, approximately 13m in width x 7.7m in depth extending eastwards from the communal front entrance path and wrapping around the eastern gable.  Mr Evans also noted that there was a communal path traversing the front garden, close to the frontage of the building and running along the gable to give access to the rear garden.  The garden ground was, until recently, entirely laid in grass however an area of slabs had been laid  ...  view the full minutes text for item 2.