Agenda item

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 230757.

The LRB then considered the fourth 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 extension to an existing garage to the front at Skarra-Don, Pitmedden Road, Dyce Aberdeen, planning reference number 230757.

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 21 June 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, situated in a rural context which is circa 325m south-east of the city boundary, which followed the mid-point of the River Don. The application site formed part of the wider Dyce neighbourhood, at an area generally known as Beidleston and Pitmedden. The application site was also located circa 90m south-west from the Aberdeen-Inverness Railway Line (the route of which is designated as a Local Nature Conservation Site). The site was bounded to the north, east and west by agricultural land, with access to the site taken from the south-west corner of the plot off Pitmedden Road. The application plot was bounded to the south-east by neighbouring plot containing Beidleston Cottage (which was a traditional granite single-storey detached cottage).

In terms of the proposal, Ms Greene explained that the application sought detailed planning permission for an extension to an existing double garage by way of a further double garage on its south east elevation. The proposed new development would extend in pitched roof form to integrate with the existing garage, with its gable located on the south-east.

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

The proposed garage development was considered to be of an inappropriate scale, footprint, massing and design, which did not reflect the typical proportions of a domestic ancillary building. The scale of the garage and its presence would appear to be excessive and visually dominant in the context to the existing dwelling, the plot and surrounding area. As such, the proposed development failed to respect the sits existing context or the wider character of the Green Belt, resulting in an adverse visual impact. The proposal was therefore considered to be contrary to the requirements of Policy NE1 (Green Belt), Policy D1 (Quality Placemaking), Policy D2 (Amenity) and T3 (Parking) of the Aberdeen Local Development Plan 2023.

There was also considered to be some conflict with Policy 1 (Tackling the Climate and Nature Crises); Policy 2 (Climate Mitigation and Adaptation); Policy 8 (Green Belts); Policy 14 (Design, Quality and Place); and Policy 16 (Quality Homes) of National Planning Framework 4; which sought climate-conscious and well-designed development that does not have a detrimental impact on the character of the surrounding area. There were no material planning considerations which would warrant approval of planning permission in this instance.

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

• The garage extension would replace the steel garage to the rear of the cottage and was of lesser massing and would have an improved appearance;
• They clarified that the cottage was in ownership of the applicant and permission had been granted for its removal;
• The existing garage to Skarra-Don was not forward of building line as the cottage still existed;
• The original garage and parking areas had been in place for almost 30 years;
• The garage proposal considered in context of larger plot size which included the cottage plot;
• The materials match Skarra-Don, and it would be less visually intrusive to have vehicles in the garage;
• There was no tension with Policy 1 (Climate and Nature Crises) as overall emissions would reduce on site, with fewer vehicles and emissions from houses;
• The existing steel shed would be reused elsewhere;
• Although a small scale development the proposal would increase biodiversity by increase in garden after the demolition of the cottage;
• The proposal was single storey and complies with Householder Development Guidance;
• The garage would be subordinate in scale;
• The plot coverage was accepted by the case officer and did not agree there was an increase in coverage, as steel garage would be removed and cottage would be demolished;
• They would accept hipping roof and removing window (as per LRB submissions);
• The garage was not excessively large in context of plot and the relationship to the house; and
• Parking already exists on the site and this would allow for storage.

In terms of consultations, Roads Development Management had no objection to the application and no other responses were received. 

Ms Greene advised that the applicant had expressed the view that a site visit should take please before determination.

The Chairperson and Councillors Alphonse and Boulton all indicated in turn that they each had enough information before them and therefore agreed that the review under consideration should be determined without any further procedure.

In terms of relevant policy considerations, Ms Greene referred to the National Planning Framework 4 and the Aberdeen Local Development Plan 2023.

Members asked a number of questions in regards to the proposal.

Members each advised in turn and agreed unanimously to overturn the appointed officers previous decision.  Planning permission was therefore granted conditionally.

In coming to their decision, the Local Review Body had regard to the provisions of the development plan as required by Sections 25 and 37 of the Town and Country Planning (Scotland) Act 1997 (as amended) and other material considerations in so far as these were pertinent to the determination of the application.

More specifically, the reasons on which the Local Review Body based this decision were as follows:-

That the proposed garage extension was acceptable within the green belt as it was within the site of the existing house and small scale and therefore complies in principle with Policy NE1 in the Aberdeen Local Development Plan 2023 (LDP) and Policy 8: Green Belt in NPF4. The attachment of a condition requiring landscaping to take place would result in planting that would help screen the development, in the interests of character of the green belt and to contribute towards the natural environment and biodiversity mitigation.

It was further considered that if Beidleston Cottage within the south east area of the application were to remain on site, the garage would be detrimental to the amenity and safety of the occupiers of the cottage. The proposal was therefore considered acceptable with the attachment of a condition to the effect that the garage extension hereby approved shall be erected only after the demolition of the cottage.

                                                      CONDITIONS

This permission is granted subject to the following conditions.

(01)    DURATION OF PERMISSION

The development to which this notice relates must be begun not later than the expiration of 3 years beginning with the date of this notice. If development has not begun at the expiration of the 3-year period, the planning permission lapses.

Reason - in accordance with section 58 (duration of planning permission) of the 1997 act.

(02) LANDSCAPING

That no development shall take place unless there has been submitted to, and approved in writing by the planning authority, a scheme of landscape planting, within the area to the south east of the garage extension hereby approved. The planting shall be carried out within the first planting season following the substantial completion of the extension and any trees or plants that become diseased or die within 5 years of planting shall be replaced with those of the same species or as agreed in writing with the planning authority.

Reason: In the interests of providing visual screening, preserving the character of the green belt, nature and biodiversity.

(03) NO DEVELOPMENT UNLESS COTTAGE DEMOLISHED

That the extension to the garage hereby approved shall not be erected unless Beidleston Cottage  to the immediate southeast within the site edged red has been demolished.

Reason: The existing cottage is in close proximity to the proposed garage extension and the latter would have a detrimental impact on the amenity and safety of any occupiers of the cottage. The applicant has indicated the intention to demolish the cottage.

-       Councillor McRae - Chairperson