Agenda and minutes

The agenda and reports associated with this meeting can be viewed here. 

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 replacement windows to the front and rear at 7 Bon Accord Square Aberdeen, Planning Reference 181777.

Councillor Boulton as Chair, 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 also, thereafter, by Mr Gavin Evans who would be acting as the Planning Adviser to the Body in the cases under consideration this day.

The Chairperson stated 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.  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 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 Alex Ferguson, Planner; (2) the application dated 11 October 2018; (3) the decision notice dated 4 June 2019; (4) links to the plans showing the proposal and planning policies referred to in the delegated report;  and (5) the Notice of Review submitted by the applicant’s agent along with an accompanying statement with further information relating to the application.

The LRB was then addressed by Mr Evans 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.

Mr Evans then described the site and advised that it was a mid-terraced property set over four levels, which included attic and basement, on the southern side of Bon Accord Square, which formed part of a traditional granite-built category B listed terrace.  The building was currently vacant but was last used as an office.  The original building incorporated traditional single-glazed timber sliding sash and case windows to the front and rear, of varying fenestration patterns and the site lay within the Bon Accord/Crown Street Conservation Area. 

In regard to the proposal, Mr Evans explained that planning permission had been sought for the replacement windows to the front and rear.  The application proposed the replacement of 11 windows in the original part of the building, with no change to the more modern rear extension.   The existing windows were timber-framed, single-glazed sash and case windows.  It is proposed to replace these with new timber sash-and-case windows of matching proportions, but with the addition of slim-profile double glazing in place of the existing single-glazing.  ...  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 change of use from amenity open space to domestic garden ground, erection of a wall and re-positioning of the rear boundary fence at 7 Fairview Walk Danestone, Planning Reference 190776/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 Roy Brown, Planning Trainee; (2) the application dated 10 May 2019; (3) the decision notice dated 2 August 2019 (4) links to the plans showing the proposal and planning policies referred to in the delegated report and  (5) the Notice of Review submitted by the agent along with an accompanying statement.

The Local Review Body then heard from Mr Evans, who explained that the review had been submitted with all necessary information within the time limit of three months following the decision of the appointed officer.

Mr Evans then described the application and advised that it comprised a semi-detached bungalow, with its front and rear curtilage and a 23sqm area of open space to its southwest, in a residential area in Danestone.  The site sloped slightly from north to south.  The dwelling had a northeast elevation that fronts Fairview Walk and was bounded with 9 Fairview Walk to its northwest and 5 Fairview Walk to the southeast.

In regards to the proposal, Mr Evans explained that planning permission was sought for the change of use of an area of 23sqm of open space to domestic garden ground, the raising of the ground level of the area by 0.3m to the existing garden level, the erection of a 0.3m high fyfestone finished retaining wall and a 1.8m high treated timber boundary fence around the space so that it would form part of the garden ground of 7 Fairview Walk.  Mr Evans noted that ownership of the site was not relevant to the assessment of the planning application. 

Mr Evans outlined the appointed Officer’s reasons for refusal as follows:-

•      It resulted in a loss of a valuable area of green space;

•      The existing green space provided soft landscaped and open setting to the north of Fairview Street and the public path linking it to Fairview Walk;

•      It conflicted with Householder Development Guide Supplementary Guidance as it would fragment a wider area of open space, would result in an irregular boundary, and would result in the narrowing of the footpath corridor, making it less inviting;

•      There  ...  view the full minutes text for item 2.