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 230999.

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 flat to short term let accommodation (sui generis) with maximum occupancy of four people at 23 Ferryhill Terrace Aberdeen, planning reference 230999.

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 and decision notice by the Appointed Officer, Aberdeen City Council; (2) an application dated 14 August 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 agent and (5) letters of representations received from consultees and interested parties.

Ms Greene then described the site and outlined the appellant’s proposal.   The application site related to a 2½-storey traditional tenement building comprising the end-terrace property of Ferryhill Terrace with an additional 1½-storey side extension to the west. The application property consisted of the ground-floor flat which extends into the side extension, sitting partially at the first-floor level. The property contained two bedrooms in the main section of the building with windows facing onto the road to the front and into the communal area to the rear, each with a separate bathroom. The extension contained a kitchen/lounge on the ground floor and an additional living space/lounge on the first floor. There were two other flats in the building at the first floor and attic levels which were all accessible via the front and rear access doors and communal stairwell. To the west of the site lay the driveway and allocated parking on the corner of Ferryhill Terrace and Bon-Accord Street which leads to the rear (south) of the building through an access gate. The rear of the site comprised a small area of communal paved garden ground and a shed split into three. Neither of the other two flats are known to be operating as a Short Term Let at present.

In terms of the proposal, it was noted that the application was for detailed planning permission for the change of use of the property from a residential flat to Short Term Let (STL) accommodation (both sui generis). The applicant advised that the maximum occupancy for the two-bedroom STL would be 4 persons at any one time, with a minimum stay duration of 2 nights. The property would be operated as an STL on a permanent basis. Customers of the property would have access to one allocated parking space and the property would be cleaned after each stay.

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

Due to the context of the surrounding area, the size of the property and the stated maximum occupancy, it was considered that its use as Short Term Let (STL) accommodation would have a significant adverse impact on the character of the residential building as well as on the amenity of the immediate neighbouring property within the application building, in relation to noise transmission, beyond what could typically be expected if it were to be used as permanent mainstream residential accommodation. The small scale local economic benefits to the tourism and hospitality sectors were not considered to outweigh the loss of amenity to neighbouring residents caused by the intensification of use of the property with increased comings and goings, potentially at unusual hours, increased noise transfer by the likely higher number of occupants, and the impact upon security and character of the shared internal spaces. The scale of the property could further result in less than half of the occupants residing in the building being mainstream residents and intensifying the use of the space for social activities in a fairly quiet residential area, disrupting the character of the building and surrounding neighbourhood. This was in contrary to Policy H1 (Residential Areas) of the Aberdeen Local Development Plan 2023 (ALDP) and Policy 30 (Tourism), paragraph (e) part i) of National Planning Framework 4.

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

• They disagree that there would be significant adverse impact on residential building and the impact would be negligible for the following reasons

o   The property was in a busy location

o   The shop opposite opened from 6am to 10pm with lots of comings and goings;

o   There were a number of guesthouses and hotels in the proximity

o   The social space/kitchen was not below or adjacent to other residents;

o   There would be 35m2 of social space and not 78m2 as stated;

o   Entry to the flat does not involve passing other flats

o   Previously the property was a three bed family rental and this proposal reduces the bedroom numbers to two;

o   The property had been renovated to a high level

o   No complaints about noise by other residents when the property was a family rental.

In terms of Consultations, six letters of objection were received and consultee comments from Roads Development Management, Waste Management Planning and Environmental Health.   

Ms Greene advised that the applicant had expressed the view that no further procedure was required before determination.

The Chairperson and Councillors Alphonse, Copland, Farquhar and Macdonald 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.

Ms Greene then answered various questions from Members. 

Members each advised in turn and agreed by majority to uphold the appointed officers decision and therefore refuse the planning application.  The Chairperson and Councillors Farquhar and Macdonald voted to refuse the application and Councillors Alphonse and Copland voted to approve the application.

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:-

Due to the context of the surrounding area, the size of the property and the stated maximum occupancy, it was considered that its use as Short Term Let (STL) accommodation would have a significant adverse impact on the character of the residential building as well as on the amenity of the immediate neighbouring property within the application building, in relation to noise transmission, beyond what could typically be expected if it were to be used as permanent mainstream residential accommodation. The small scale local economic benefits to the tourism and hospitality sectors were not considered to outweigh the loss of amenity to neighbouring residents caused by the intensification of use of the property with increased comings and goings, potentially at unusual hours, increased noise transfer by the likely higher number of occupants, and the impact upon security and character of the shared internal spaces. The scale of the property could further result in less than half of the occupants residing in the building being mainstream residents and intensifying the use of the space for social activities in a fairly quiet residential area, disrupting the character of the building and surrounding neighbourhood. This was contrary to Policy H1 (Residential Areas) of the Aberdeen Local Development Plan 2023 (ALDP) and Policy 30 (Tourism), paragraph (e) part i) of National Planning Framework 4.