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 220517.

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 the application for Detailed Planning Permission for change of use from commercial office space into 2no. residential dwellings including formation of patio doors from existing window opening, window enlargement to form new openings with Juliet balconies, replacement door and installation of rooflights (rear); reinstatement of railings and gate (front); formation of car parking and landscaping works with associated boundary treatment (rear) at 11 Victoria Street Aberdeen, planning reference 220517.

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 24 April 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, Environmental Health Team and Waste and Recycling Team.

Ms Greene then described the site and outlined the appellant’s proposal.   The application site was located on the east side of Victoria Street at a distance of 55 metres north of its junction with Albyn Place and 40 metres south of its junction with Thistle Street/Waverley Place and lies within the Albyn Place/Rubislaw Conservation Area. The site comprised a traditional, Category C listed, 2 storey with attic, end terraced granite property of a block of three constructed c. 1850 with a 2 storey modern extension to the rear which dates from the early 1990’s. The property was currently lying vacant but was previously, over a period of many years, in commercial office use.  The front curtilage comprised a small area of garden ground with low level granite boundary wall.  The rear curtilage was in hardstanding and enclosed along its northern boundary by means of a random rubble granite wall with red  ...  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 230303.

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 Detailed Planning Permission for the installation of two roof lights (retrospectively) at 4 Thistle Lane Aberdeen, planning reference 230303.

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 by the Appointed Officer, Aberdeen City Council; (2) an application dated 13 March 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 located in the north-west of the city centre and was located in the Albyn Place and Rubislaw Conservation Area. Whilst the property itself was not listed and historical map analysis does indicate a structure of similar form existed on the site from c.1920-30s, supporting evidence submitted from the applicant confirms the building was c.1970s construction, and therefore the mews cottage building would not be considered curtilage listed with the original curtilage of 55 Victoria Street (category B listed building). The application property was a single storey mews cottage building, finished in cream roughcast render and traditional slate pitched roof. The north-east gable elevation immediately abuts Thistle Lane, with the entrance door located on the north-west elevation accessible through a gate and access path from Thistle Lane, with the mutual boundary to 179 and 180 Skene Street to the north. The other gable faces south-west, overlooking a small rear garden curtilage which is bound with 55 Victoria Street by means of a dividing timber fence and the remaining south-east elevation is positioned hard up against the mutual boundary shared with 53 Victoria Street.

In terms of the proposal, Ms Greene explained that the application sought detailed planning permission for the installation of two rooflights, positioned on the south east roof slope and each rooflight had dimensions of c.1600mm high x c.940mm width made from composite material and finished in dark grey colour.  The application was considered as retrospective as the rooflights had already been installed. 

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

·       Rooflights not designed with due consideration to the context in scale, relative to the roof slope;

·       It does not preserve and enhance the character of the Conservation Area or setting of nearby Listed Buildings;

·       The proposal was contrary to Historic Environment Policy for Scotland and Managing Change in the Historic Environment Guidance on  ...  view the full minutes text for item 2.