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 230946.

The LRB then considered the third 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 formation of a driveway and alterations to the boundary wall at 27 Cromwell Road, 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 2 August 2023; (3) the decision notice dated 16 October 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) three letters of representation all objecting to the proposal and a letter of representation from the Council’s Roads Development Management Team.

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:-

·       Loss of granite wall which was historic boundary feature and unified street;

·       Rear parking was used for houses on this stretch of road; and

·       Negative feature in terms of character of area.

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

·       Proposal maintained granite heritage of neighbourhood – minimal length of wall removed (less than 3.5m); part of garden would remain;

·       Needed for charging of electric car;

·       Similar Car parking spaces existed in area, inc no 21, 23, 25, 56, 58 and others;

·       No objection from Roads Team;

·       Representations were unrelated to proposal;

·       Using rear access would necessitate widening gates and other difficulties;

·       Raspberry bushes and apple tree, sheds within rear garden either sides of gate;

·       Proposal helped towards climate crisis and mitigation by providing charging for electric car and retaining plants/trees to rear;

·       Property to rear with 3 cars renders access and was congested – car had been damaged in rear lane; van often parks blocking access; and

·       Details of numbers of vehicles associated with no.29 and difficulties for appellant to park.

Ms Greene made reference to the three letters of objection. There were no objections from the Roads Development Management Team or 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, specifically around the finish of the driveway, the nearby traffic island and the possible re-use of the granite.

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 considered acceptable, taking into account that there are a number of other driveways along Cromwell Road and this proposal would allow for ease of charging of an electric car. It is also taken into account that one on-street parking space would be lost whilst one private space would be gained, which is considered acceptable. The proposal is considered acceptable on road safety grounds taking into account the nature of the road and location of the traffic island to the west.

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) REUSE OF GRANITE

That the granite wall section shall not be removed unless there has been submitted to and approved in writing by the planning authority a  strategy for the reuse of the granite, or its storage and the strategy as so agreed shall be implemented in full.

Reason – In the interests of sustainability to ensure that the granite is reused or stored for reuse in the future.