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 241060.

The Local Review Body (LRB) of Aberdeen City Council met on this day to consider a review of 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 the change of use of flat to Short Term Let accommodation (sui generis) with maximum occupancy of 4 people at 42 Elmfield Avenue Aberdeen, planning reference number 241060.

Councillor Greig 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 draft delegated report by the Appointed Officer, Aberdeen City Council; (2) an application dated 10 September 2024; (3)  the Decision Notice dated 21 November 2024; (4) links to the plans showing the proposal and planning policies referred to in the draft delegated report; (5) the Notice of Review submitted by the applicant/agent; and (6) consultee correspondence from the Council’s Waste and Roads Development Management Teams. 

Ms Greene then described the site and outlined the appellant’s proposal for detailed planning permission.

Ms Greene advised that the application site comprised a ground-floor flat in a two-storey semi-detached tenement building, sharing a boundary with two flats to the north. The site was shared with one other flat on the first floor, which includes a rear garden to the east. Each property had its own access; the application property was accessed via the front door from Elmfield Avenue and the neighbouring property was accessed via a staircase to the side of the building. The rear garden was accessed via a rear door from the application property as well as via a shared path to the side of the building. The property comprised a two-bedroom flat with a separate lounge, kitchen and bathroom. The site was located within House of Multiple Occupation (HMO) data zone 02 (Froghall, Powis and Sunnybank), an area of high concentration, with 12.6% of the total number of residential properties in the data zone licensed for HMO use.

In terms of the proposal Ms Greene indicated that  ...  view the full minutes text for item 1.