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 230996.

The Local Review Body (LRB) of Aberdeen City Council met on this day to review the decision taken by an appointed officer under the Council’s Scheme of Delegation for the refusal of the application for change of use of flat to Short Term Let (STL) accommodation (sui generis) with maximum occupancy of two people at 93 Ash-hill Drive, Aberdeen, AB16 5YR.

Councillor McRae as Chair for the meeting, gave a brief outline of the business to be undertaken, advising that the LRB would be addressed by the Assistant Clerk, Mr Mark Masson with regards to the procedure to be followed and thereafter, by Ms Lucy Greene who would be acting as the Planning Adviser to the Body in the following case under consideration this day.

The Chairperson stated 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.  He emphasised that the officer would not be asked to express any view on the proposed application.

The Local Review Body was then addressed by Mr Masson, Assistant Clerk in regard to the procedure to be followed, at which time reference was made to the procedure note circulated with the papers calling the meeting and to more general aspects relating to the procedure.

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 13 August 2023; (3) the Decision Notice dated 29 November 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/agent; and (6) consultee correspondence from the Council’s Environmental Health Team, the Roads Development Management Team and Waste Planning Team.

Ms Greene then described the site and outlined the appellant’s proposal for detailed planning permission.

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

·       Impact on amenity of flat below at first floor level (no. 89), due to STL at no. 85 at ground floor level. Approval would result in flats above and below being in STL use;

·       Cumulatively would result in significant noise impact, disturbance and decline in real or perceived security and privacy – to the detriment of residential amenity of no. 89;

·       Adverse impact on residential amenity of area around the application flat;

·       Conflict with Policies 14 – Design of National Planning Framework (NPF) 4, H1 – Residential Areas, D1 - Quality Placemaking, D2 – Amenity of the Local Development Plan 2023; and

·       Adverse impact on amenity would outweigh the economic benefits from the STL and therefore proposal would be contrary to Policy 30 – Tourism of NPF4

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

·       There would be little difference between the use as a STL and long term let, in terms of noise, disturbance and security and privacy;

·       A residential let would involve occupancy by 4 people with more disturbance;

·       The STL would involve a weekly change in visitors with cleaning being similar to a permanent resident;

·       In terms of security, there would be negligible difference over and above the flat below already in STL use. Airbnb allowed for background checks of guests; and

·       Overall, due to minimal change there would be no adverse impact on residential amenity and no conflict with policies quoted.

In terms of Consultations, Ms Greene advised that the Roads Team had no objection, the Waste Team advised that general information was provided regarding waste collection and there was no objection and that Environmental Health Team had no objection. She indicated that there was no response received from Rosehill and Stockethill Community Council and there were no other objections received.

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

The Chairperson and Councillors Boulton, Farquhar and Greig 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, the Aberdeen Local Development Plan 2023, Scottish Government’s publication on ‘Short Term Lets: Business and regulatory impact assessment’ from November 2021 and Circular 1/2023: Short Term Lets and Planning.

Ms Greene responded to various questions from members relating to the application including the impact on provision of housing and the location of the proposed STL.

Members each advised in turn and by a majority of 3 to 1, agreed toreverse the appointed officer’s earlier decision. Planning permission was therefore granted conditionally.

The Chairperson and Councillors Boulton and Farquhar agreed to reverse the decision of the appointed officer, however Councillor Greig advised that he supported the appointed officer’s decision to refuse planning permission.

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 –

Taking into account the nature of the property, the fact that there is one other flat in short term let use within the block of eight, and the fact that there are no objections, it is considered that there would not be a significant impact on the amenity, including privacy, of occupiers of other flats within the block. The proposal would therefore comply with Policy H1: Residential Areas, D1: Quality Placemaking, D2: Amenity and Policy 14 – Design, quality and place in National Planning Framework 4 (NPF4).

Although the property is not within the city centre as noted in Policy VC2: Tourism and Culture in the adopted Aberdeen Local Development Plan 2023 (LDP), the short term let use would result in accommodation being provided close to the hospital for patients’ families, close to other attractions such as bowling competitions and events at Hazlehead Park. It is also accessible from by public transport in accordance with Policy 13: Sustainable Transport in NPF4 and Policy T2: Sustainable Transport in the LDP 2023.

With the attachment of a condition limiting the permission to a temporary five year period, the use can be reviewed in order to assess the impact of short term lets on the availability of housing and would comply with Policy 30 in National Planning Framework 4 (NPF4)

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) TIME LIMIT FOR SERVICED APARTMENT USE

The use of the flat for short term let accommodation as hereby approved, shall expire 5 years following the date of the grant of permission as stated on this notice, unless a further planning permission has been granted for continued use of the property as serviced apartment accommodation in the meantime. Should no further planning permission be granted then the property shall revert to a flat in residential use after the aforementioned 5-year period.

Reason: In order to allow reassessment of the local housing need and demand situation and the local economic benefits derived from the use of the property as short term let accommodation to be reassessed in 5 years' time, to ensure that the loss of the property as residential accommodation would remain compliant with Policy 30 of NPF4.