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 221307.

With reference to article 2 of the minute of their previous meeting of 9 October 2023, the Local Review Body (LRB) of Aberdeen City Council met on this day to review the decision taken by an appointed officer 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.

Councillor McRae made reference to the site visit undertaken earlier today and 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 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  ...  view the full minutes text for item 1.