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 230596.

The LRB then considered the fourth and final 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 demolition of an existing guesthouse and the erection of a dwellinghouse at 1B Skene Place, Dyce, 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 16 May 2023; (3) the decision notice dated 26 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) letters of representation from the Council’s Roads Development Management Team, Waste and Recycling Team, The Environmental Health Team, Aberdeen International Airport and Dyce and Stoneywood Community Council.

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:-

·       The application has been assessed against the relevant policies of the Aberdeen Local Development Plan 2023 (ALDP) and National Planning Framework 4 (NPF4) and overall is considered to be unacceptable. In respect of Policy H1 (Residential Areas) of the ALDP, the proposal would result in over development of the site and does impact on the character of the area owing to the disruption to the pattern of development. Furthermore, there would be an impact on the amenity of 1A Skene Place due to the reduction in private garden ground and also an impact on the amenity of any future occupants of the proposed dwelling owing to an insufficiently sized private garden area and unacceptable external noise levels. As such, the proposal not only fails to comply with the criteria of Policy H1, its also fails to comply with Policy B3 (Aberdeen International Airport and Perwinnes Radar), Policy D1 (Quality Placemaking) and Policy D2 (Amenity) of the ALDP. The proposal is also not considered to be consistent with Policy 14 (Design, Quality and Place) of NPF4, in that it fails to meet the six qualities of successful places.

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

·       Contained number of photos of surrounding area including flats on Farburn Place;

·       Existing house at 1B would lose 21m2 of garden but would retain 183m2 outside space, equating to more than two thirds;

·       House was consistent with neighbour and open to discuss materials;

·       House would not be out of character within area;

·       Reference made to design of flats (Farburn Place), which were simple and low budget; and

·       Noise survey stated that with the mitigation measures, residents should live in suitable environment.

Ms Greene made reference to the Community Council’s comments. She advised that there were no objections from the Council consultees and Aberdeen Airport. There were no other representations submitted.

Ms Greene advised that the applicant had expressed the view that a site visit should be undertaken which would be beneficial to understand the site situation.

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 footprint of the proposal and noise mitigations.

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 would provide an acceptable level of plot coverage given the coverage of the existing building on site. With the measures recommended within the Noise Impact Assessment a satisfactory level of residential amenity would be achieved within the property in respect of noise. It is also taken into account that the parking provision is acceptable and there is a park immediately adjacent to the site. The design and dimensions of the house would match that of the neighbouring property and it would therefore be in keeping with the surroundings.

Overall with the attachment of a condition requiring noise mitigation, the proposal would comply with the relevant policies in the development plan including Policy H1 – Residential Areas, Policy B3 – Aberdeen International Airport and Policy D1 – Quality Placemaking.

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) NOISE MITIGATION

That the property shall not be occupied unless the measures identified within Revision 2 (07.09.2023) of the Noise Impact Assessment by Grosle Environmental Services, relating to the house, have been implemented in full and are operational.

Reason – In order to ensure an adequate level of residential amenity within the house.

(03) REFUSE DISPOSAL

That the house shall not be occupied unless details have been submitted to and approved in writing by the planning authority of the bin storage and collection arrangements.

Reason – In the interests of residential amenity.

(04) MATERIALS

That materials for the house and boundary wall shall be as indicated on the approved drawings unless otherwise agreed in writing with the planning authority.

Reason – In the interests of visual amenity.

(05) LOW AND ZERO CARBON EMISSIONS EQUIPMENT AND WATER EFFICIENCY

That the proposal shall be built only in accordance with details submitted to and approved by the planning authority to show how the house would include low and zero carbon generating technology and water saving technologies to comply with the requirements of Policy R6 - Low and Zero Carbon Buildings, and Water Efficiency of the adopted Aberdeen Local Development Plan 2023 and the Aberdeen Planning Guidance 2023: Resources for New Development.

The house shall not be occupied unless the measures as so agreed have been installed and are fully operational (excepted during reasonable periods of maintenance).

Reason – In the interests of climate change mitigation.

-         COUNCILLOR CIARAN MCRAE, Chairperson