Agenda item
Section 42 (variation of conditions) - Variation of condition 4 (time limit for development) of Planning Permission 221571/DPP - Greenpasture Anguston Aberdeen
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 231289
Minutes:
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 a Section 42 (variation to conditions) for the variation to condition 4 (time limit for development) of Planning Permission 221571/DPP, at Greenpasture, Anguston Aberdeen, planning reference number 231289.
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, Mrs Lynsey McBain 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 Mrs McBain, 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 and decision letter by the Appointed Officer, Aberdeen City Council; (2) an application dated 13 October 2023, (3) links to the plans showing the proposal and planning policies referred to in the delegated report; (4) the Notice of Review submitted by the applicant; and (5) letters of representation from the Aberdeen City Council’s Roads Development Management Team, and Waste and Recycling Team, as well as neutral comments received from interested parties.
Ms Greene then described the site and outlined the appellant’s proposal. The application site was located in the countryside, 3.5km to the northwest of Peterculter, to the east of Baads and a group of houses known as Hillcrest Courtyard. It formed part of a wider site of some 2.3 hectares which included agricultural land, a stable block, and a temporary chalet. A detached dwellinghouse was currently under construction and close to completion in the eastern part of the site. The ground level across the wider site rises from south to north, with its northern boundary forming the crest of a hill. To the south of the application site were fields, whilst to the west and across an access track were a group of six houses.
The application was submitted under the provisions of Section 42 of the Town and Country Planning (Scotland) Act 1997 and sought to allow the development to be carried out without compliance with condition 4 of planning permission 221571/DPP which concerned the change of use of land for the erection of a temporary chalet/mobile home. Condition 4 related to a restriction in regards to timescales, and states that following:
“The following time limits and related conditions on the planning permission hereby granted shall apply:
(a) The development permitted by this planning permission shall expire on the 23rd October 2023 and for no longer period.
(b) By the 23rd October 2023 the land on which the development permitted by this planning permission shall be reverted to its previous use (as land for the curtilage of the dwellinghouse or otherwise land clear of any structure permitted by this planning permission and any caravan/mobile home/chalet removed), and without prejudice to the foregoing generality, shall include the following works or operations:
(i) Removal of any caravan/mobile home/chalet and associated structures permitted by this planning permission from the land for which this permission relates;
(ii) The completion of any works necessary to restore the land to its previous position before the use of the caravan site was begun;
(iii) Restoration of the land's use as curtilage to the dwelling house on the development site.
Reason: in the interests of visual amenity and to suitably protect the landscape character and setting of the Green Belt, in accordance with Policy NE2 (Green Belt) of the Aberdeen City Local Development Plan 2017, Policy NE1: Green Belt of the Proposed Aberdeen Local Development Plan 2020 2017 and Policy 8 Green Belts of National Planning Framework 4.” The applicant is seeking to amend the condition to allow for the extension of the permission until 31st July 2024, to allow for completion of the house and the removal of the temporary mobile home by that later date.
Ms Greene indicated that the appointed officer’s reasons for refusal outlined in the report of handling was as follows:-
The continued use of the land for the siting and use of a temporary chalet / mobile home had not been designed with due consideration for its context and would have an adverse impact on the surrounding Green Belt. There had been two earlier permissions, which had allowed the retention of the building for a period of 30 months through planning permissions 201480/DPP and 221575/DPP and a further period cannot be justified in this instance. The proposals would therefore be contrary to Policy 8 (Green Belt) of National Planning Framework 4 and Policies NE1 (Green Belt) and D1 (Quality Placemaking) of the Aberdeen Local Development Plan.
Ms Greene outlined the key points from the appellant’s Notice of Review as follows:-
• They refer to the planning history of the site and the need for supervision of the stud;
• The mobile home was in the garden area of the house;
• The development of the stud business, stables and house had commenced;
• Without supervision horses could not be brought to the site;
• A very strict approach was taken, whereas other authorities had policies for temporary accommodation
• Green belt policy compliant - small scale, ancillary, no increase in intensity of activity and was within the boundary of the existing activity
• There were supporting letters from other stud business and also the vet
In terms of Consultations, Ms Greene advised that the Council’s Roads Team and Environmental Health Team had no objections; that the Waste Management had no objection but provided general information in regards to waste and there was no response received from the local Community Council. Two letters of representation had been received which were both neutral.
Ms Greene advised that the applicant had expressed the view that a site visit should take place before determination.
The Chairperson and Councillors Copland and Macdonald 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 and the Aberdeen Local Development Plan 2023.
Ms Greene responded to questions from members.
Members each advised in turn and unanimously agreed to overturn the appointed officers previous decision. Planning permission was therefore granted 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 were as follows:-
The provision of the principle of development on site for a temporary period has previously been established on site, with further evidence submitted to as to why the development was not completed within the initially consented 18-month period, and why a further period of 7 months is required. The Planning Authority have previously accepted that an on-site presence is required and the associated dwellinghouse appears close to completion. Taking the above into account, it is considered that there are material considerations, which would carry sufficient weight and provide justification to support the application in this instance, for a further temporary time period, notwithstanding that the requirements of Policy 8: Green Belts of National Planning Framework 4 and Policy NE1 (Green Belt) of the Aberdeen Local Development Plan 2023 may not be fully addressed.
The proposals would not be acceptable on a permanent basis due to the adverse impact on the surrounding landscape, but on a further temporary period it is considered that the proposals would not be contrary to the aims and aspirations of Policy D1: Quality Placemaking of the Aberdeen Local Development Plan, given the temporary nature of the proposal and the limited scale of development which would result.
CONDITIONS
This permission is granted subject to the following conditions.
That the caravan site hereby granted planning permission, shall not be occupied by any person other than a person employed full-time in the stud farm (approved under application Ref P110648 & P120873) and the dependants, widow or widower of such a person in accordance with the Planning Authority's policy of restricting isolated developments in the countryside unless specifically required in connection with an essential rural occupation.
Reason: to preserve the amenity and integrity of the Green Belt and in accordance with Policy NE1 (Green Belt) of the Aberdeen Local Development Plan 2023 and Policy 8: Green belts of National Planning Framework 4.
(02) NUMBER OF CARAVANS
That the caravan site hereby granted planning permission shall be limited to one caravan/mobile home/chalet on site at any one time.
Reason: that the justification provided and deemed necessary to allow the stud farm to become fully operational would not support multiple homes on site, and in the interests of visual amenity and to suitably protect the landscape character and setting of the Green Belt, in accordance with Policy NE1 (Green Belt) of the Aberdeen Local Development Plan 2023 and Policy 8: Green belts of National Planning Framework 4.
(03) MATERIALS
That the approved material finishes (approved under application 221571/DPP) are maintained for the duration of the caravan/mobile home/chalet unit being located on site.
Reason: in the interests of visual amenity and to suitably protect the landscape character and setting of the Green Belt, in accordance with Policy NE1 (Green Belt) of the Aberdeen Local Development Plan 2023 and Policy 8 Green Belts of National Planning Framework 4.
(04) TIME LIMITS
The following time limits and related conditions on the planning permission hereby granted shall apply:
(a) The development permitted by this planning permission shall expire on the 31st July 2024 and for no longer period.
(b) By the 31st July 2024 the land on which the development permitted by this planning permission shall be reverted to its previous use (as land for the curtilage of the dwellinghouse or otherwise land clear of any structure permitted by this planning permission and any caravan/mobile home/chalet removed), and without prejudice to the foregoing generality, shall include the following works or operations:
(i) Removal of any caravan/mobile home/chalet and associated structures permitted by this planning permission from the land for which this permission relates;
(ii) The completion of any works necessary to restore the land to its previous position before the use of the caravan site was begun;
(iii) Restoration of the land's use as curtilage to the dwelling house on the development site.
Reason: in the interests of visual amenity and to suitably protect the landscape character and setting of the Green Belt, in accordance with Policy NE1 (Green Belt) of the Aberdeen Local Development Plan 2023 and Policy 8 Green Belts of National Planning Framework 4.