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 240015.

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 erection of single storey extension; formation of dormer; installation of replacement windows and door to rear; and formation of roof lights to front at 125 Blenheim Place, Aberdeen, AB25 2DL.

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 9 January 2024; (3) the decision notice dated 8 March 2024; (4) links to the plans showing the proposal and planning policies referred to in the delegated report;  and (5) the Notice of Review submitted by the applicant’s agent.

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:-

·       Proposed dormer conflicted with Policy D6-Historic Environment and D8 – Windows & Doors and HES Managing Change Guidance on Roofs, due to loss of historic dormer and erection of dormer that would create significant mass on rear roof;

·       Roof was prominently visible from rear lane which was public;

·       With exception of neighbour, other rear elevations designed with due consideration for context of area; and

·       Detriment to character of Conservation Area, would not comply with Historic Environment Policy for Scotland, Policy H1- Residential Areas, D1-Quality Placemaking, D6, D8, Policy 7 – Historic Assets and Places, 14 – Design etc, 16-Quality Homes and Historic Environment S’s Managing Change – Roofs, Aberdeen Planning Guidance (APG) – Householder Guide on dormers.

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

·       Revisions – first floor timber s/c windows to remain; rooflight to front altered, dormer has peaked slated roof, with linking panel set back;

·       Heritage Statement – dormer not original and dormer had upvc window and projecting fascia – complied with APG;

·       Single storey extension and rooflight – deemed acceptable – dormer was only reason for refusal;

·       Proposal was sympathetic, improved appearance of exterior of building and was in keeping with surroundings;

·       Enhanced function of upper floor for family use;

·       Significantly improved thermal properties and heat loss; and

·       Examples of recent approvals: 56 Fountainhall Road (dormer on roof), 59 Desswood Place (box dormer on rear extension) and contained photos of other dormers.

Ms Greene advised that there was no response from Queens Cross and Harlaw Community Council in relation to consultation.

Ms Greene advised that the applicant had expressed the view that a site visit should be undertaken by the Local Review Body.

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 Boulton and Farquhar 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, the Aberdeen Local Development Plan 2023 and the Householder Design Guide – Dormer principles.

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.

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:-

That the proposal preserves the character of the Albyn Place / Rubislaw Conservation Area as the existing dormer although historic is not original to the house and the design of the proposed dormer and its size and positioning on the roof are acceptable on the rear of the property. The proposed dormer responds, in the form of its roof, to the existing dormer and is a significant improvement compared to the previously refused application. The proposal represents adaptations for use of the building by families for today’s living. The proposal therefore complies with Policy 7 (Historic Assets and Places) and Policy 14 (Design) in National Planning Framework 4 (NPF4), D6: Historic Environment and D1: Quality Placemaking in the adopted Aberdeen Local Development Plan 2023 (LDP) and Historic Environment Policy for Scotland.

There is no significant impact on the amenity of neighbours and the proposal therefore complies with Policy D2 Amenity and Policy H1: Residential Areas in the LDP.

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.

-                COUNCILLOR CIARAN MCRAE, Chairperson