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 231176.

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 installation of replacement 1.5 storey rear extension with raised decking, fencing, steps and balustrade and alterations to existing rear dormer at 10 Woodhill Place, 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 22 September 2023; (3) the decision notice dated 20 December 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) one letter of representation including additional correspondence.

Ms Greene then described the site and outlined the appellant’s proposal.

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

·       Materials – change to rendered finish did not reflect character of area;

·       Overbearing and incongruous addition in area, out of keeping with scale and character;

·       Overlooking and loss of privacy – raised deck, increased intensity of use at elevated level – impact on residential amenity; and

·       Contrary to policies on design, residential areas and amenity in local plan and NPF4.

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

·       Described previous application (230143) and debate at LRB – Body was minded to approve except for change to materials timber to cladding. However, refusal was on same grounds as previous application;

·       Did not consider the proposals to be overdevelopment of the plot, or out of keeping with scale, material or character of the area;

·       The proposed extension was, in part, a replacement of an existing extension to the rear of the property;

·       The footprint of the dwelling would be increased by only 17sqm. The resultant plot ratio would be 25% developed;.

·       Proposals were to the rear of the property and not visible from street frontage;

·       The proposed extension tied in with the existing roof profile; eaves and ridges levels, pitch and hipped gable end;

·       The proposed extension matched existing dwelling roof finish of natural slate;

·       Open to discussing and amending external finishes of the proposals to where there were concerns over external wall materials and extent of cladding proposed;

·       Majority of dwellings in vicinity were 1 and half storey and a number of these had storey and half, full property width extensions to the rear (see plan);

·       Site was sloping and all properties were elevated above gardens without over looking;

·       Existing rear extension included conservatory with south facing glazing overlooking number 8 Woodhill Place. Proposal removed this direct line of sight, with windows all to face the private garden to the east;

·       Numbers 10 and 12 Woodhill Place, along with others in the street, share driveway access to the rear garden resulting in reduced privacy between dwellings;

·       Proposals amended to incorporate privacy screen to the boundary of proposed raised decking to limit overlooking to No 8 Woodhill Place;

·       ‘Juliet Balcony’ was full height glazed window with external protective barrier;

·       Planning consent recently approved for a raised rear deck to neighbouring property No 12 Woodhill Place (210851/DPP – 24 February 2022);

·       Photo submitted showed view from existing conservatory;

·       Current proposal omitted cladding and spec was render, in keeping with existing extension and others in area – as well as LRB discussions; and

·       Render did not affect scale as decision stated.

Ms Greene made reference to the letter of objection. No comments were submitted by the Community Council.

Ms Greene advised that the applicant had expressed the view that no further procedure was required, however it was for members to consider whether they consider it necessary.

At this point in the proceedings, the LRB considered whether they had sufficient information before them to proceed to determine the review.

The Chairperson and Councillors Bouse and Copland 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 National Planning Framework 4 and the Aberdeen Local Development Plan 2023.

Ms Greene responded to various questions from members.

Members each advised in turn and unanimously agreed to overturn the appointed officer’s earlier decision to refuse the planning permission and approved the application 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 are as follows:-

The proposal is in keeping with the character of neighbouring houses, it does not have a significantly detrimental effect on the neighbour to no. 8 Woodhill Place. Compared to the previous application, the proposal now includes a revision to the elevational materials that is considered acceptable. Screening to the decking would prevent looking into the neighbours extension from the decking.

The proposal therefore complies with policy H1 – Residential Areas, D1 – Quality Placemaking and D2 – Amenity in the adopted Aberdeen Local Development Plan and Policy 16- Quality Homes in the National Planning Framework 4.

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) SCREENING

That the decking shall not be erected unless there has been erected screening along the southern side of the decking adjacent the boundary with no.8 Woodhill Place in accordance with a scheme that has been submitted to and approved in writing by the planning authority, showing an opaque glazing or other such material that allows light to pass through whilst providing a privacy screen to neighbours.

Reason – In the interests of residential amenity. To protect privacy, whilst not blocking daylight to the neighbour.