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 230652.

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 non-determination of application for the erection of balcony with external stairs and formation of door from an existing window opening to rear at 36 Albyn Place, Aberdeen.

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, Mr Mark Masson 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 Mr Masson, 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 26 May 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 applicant.

Ms Greene then described the site and outlined the appellant’s proposal which sought planning permission for the erection of balcony with external stairs and formation of door from an existing window opening to rear.

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

·       Door opening generally compliant, no justification for loss and re-use of granite, or for loss of original window – however, principle acceptable in terms of HES and LDP guidance/policy on Windows and Doors.

·       the excessive scale, inappropriate design and limited detail on material would an adverse effect on the built environment, contrary to NPF4 Policy 14 (Design, Quality and Place) & Policy D1 (Quality Placemaking) of the LDP.  Proposed balcony would have a significant negative impact on integrity, character and special architectural interest of the listed building and its overall setting and oversized scale and the height at which the balcony would be fixed, it would be clearly visible from outwith the application site - neither preserving nor enhancing the character of the conservation area.

·       External fixtures Guidance (HES) requires consideration of scale and method of fixing; balcony is of inappropriate scale and materials and fixing method unknown; and

·       Contrary to:-

-       NPF4 Policy 7 (Historic Assets and Places);

-       LDP Policy D6 (Historic  ...  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 221307.

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 the change of use from public open space to private gated communal garden and erection of associated enclosure fence with gate (retrospective) at land to rear of 6 Craigden, Aberdeen.

The Chairperson advised that Ms Lucy Greene would again be acting as the Planning Adviser to the Body in the following case under consideration this day and reiterated 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.  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 the Appointed Officer, Aberdeen City Council; (2) an application dated 31 October 2022; (3) the decision notice dated 2 June 2023; (4) links to the plans showing the proposal and planning policies referred to in the delegated report;  (5) the Notice of Review submitted by the applicant’s agent; and (6) six letters of representation.

Ms Greene then described the site and outlined the appellant’s proposal which sought planning permission for the change of use from public open space to private gated communal garden and erection of associated enclosure fence with gate (retrospective).

She indicated that the appointed officer’s reasons for refusal outlined in the decision notice was as follows:-

·       Loss of public open space, required as part of earlier planning permission;

·       Affected the character and amenity of surrounding area;

·       Prevention of access for recreation and general access rights and right of way;

·       Therefore reduced access and recreation value of Green Space Network;

·       Contrary to aims to enhance access in Local Development Plan and National Planning Framework 4 (NPF4) - health and wellbeing;

·       Precedent setting – result would be gradual erosion of open space;

·       Contrary to design policies seeking inclusive layout and passive surveillance;

·       Contrary to policies on design, green infrastructure, Green Space Network, Residential Areas;

·       Access rights related to Land Reform Act – not an exception;

·       Many locals would not have access to space; and

·       Crime was not a material consideration.

Ms Greene outlined the key points from the appellant’s Notice of Review as follows:-

·       Notes that area was accessible to all residents with a combination lock on gate;

·       Encampment on land – by owner – and with 3 caravans etc;

·       Permission granted for works in association with allotments on land to north, access road created and steel fencing erected;

·       Back garden of no6 was exposed to bridge and experienced littering;

·       Trees planted previously were vandalised and people congregated under bridge;

·       Tree removal by previous owner of land;

·       Fencing and maintaining area had transformed it;

·       Objectors did not stay in the area;

·       Open Space Audit identified need for  ...  view the full minutes text for item 2.

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 230918.

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 the change of use of House in Multiple Occupation (HMO) to serviced apartments (retrospective) at 636 King Street, Aberdeen.

The Chairperson again 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.

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 27 July 2023; (3) the Decision Notice dated 5 September 2023; (4) links to the plans showing the proposal and planning policies referred to in the delegated report; (5) the Notice of Review submitted by the applicant; and (6) consultee comments from the Council’s Roads and Waste Development Management Teams.

Ms Greene then described the site and outlined the appellant’s proposal which sought planning permission for the change of use of House in Multiple Occupation (HMO) to serviced apartments (retrospective).

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

·       Provided tourist accommodation – LDP Policy VC2 (Tourism and Culture) & NPF4 Policy 30 (Tourism);

·       Benefit to local economy, balanced against loss of residential – currently considered no significant harm through loss of housing;

·       No harm to amenity of area;

·       Adequate amenity for guests for short term stays;

·       Accessible by public transport and active travel – Policy 13 (Sustainable Transport) of NPF4 and LDP Policies T2 (Sustainable Transport) and T3

          (Parking);

·       Refuse storage acceptable - Policy 12 (Zero Waste) of NPF4 and LDP Policy R5 (Waste Management); and

·       Small scale in terms of climate mitigation, climate change, nature crisis and biodiversity no impact NPF4 Policies 1 (Tackling the Climate and Nature Crises) and 2 (Climate Mitigation and Adaptation), Policy 3 (Biodiversity).

Ms Greene highlighted two of the three conditions contained within the Report of Handling, as follows:-

(2) Maximum Length of Customer Stays

That not any one or more of the serviced apartments hereby approved shall be occupied for a period in excess of 90 days in any one calendar year by any one family, individual or group of individuals.

Reason: In order to ensure that the apartments are not used as permanent, mainstream housing, due to the deficit in amenity that would be required for such accommodation.

(3) Time Limit for Serviced Apartment Use

The hereby approved use of the property as serviced apartment accommodation shall expire 5 years following the date of the grant of permission as stated on this notice, unless a further planning permission has been granted for continued use of the property as serviced apartment accommodation in the meantime. Should  ...  view the full minutes text for item 3.