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 231145.

The LRB then considered the second 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 change of use of flat to Short Term Let accommodation (sui generis) with maximum occupancy of four people at 22 Allan Street Aberdeen, planning reference number 231145.

The Chairperson stated that although the Planning Adviser for the LRB 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.

In relation to the application, the LRB had before it (1) a delegated report and decision notice by the Appointed Officer, Aberdeen City Council; (2) an application dated 13 September 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 agent and (5) letters of representations received from consultees and interested parties.

Ms Greene then described the site and outlined the appellant’s proposal.   The property was a first floor flat within a semi-detached tenement building located in the residential area to the south west of the city centre. The building was divided into six flats with access to this flat via a rear stairway leading to the first floor. One other flat was accessed from this communal door and corridor (First floor right 22 Allan Street). Other flats in the building had separate access doors and lobby accesses. The flat was laid out with two bedrooms, a kitchen and a living room. The building had a large communal garden to the rear.

In terms of the proposal, it was noted that detailed planning permission was sought, for the change of use of the property from a residential flat to Short Term Let (STL) accommodation (both sui generis). The applicant advised that the maximum occupancy for the Short Term Lease was 4 persons at any one time, with a minimum stay duration of 3 nights. The property would be operated as an STL on a permanent basis and waste from the property would be collected from the on street residential waste bins. The property would have no maximum period of stay. There was an existing key safe to allow access located on the front door frame.

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

The change of use of the property from a residential flat to short term let accommodation would have a significant adverse impact on the amenity of the occupants of the neighbouring residential flat which shares an access and entrance vestibule. This was because the occupants of the neighbouring flat would have to share the communal entrance and vestibule solely with frequently changing transient guests and cleaners of the short term let accommodation unit, who would be unknown to them. Taking into account the small size of the vestibule and close proximity of the private entrances of each property to each other, this would result in a significant adverse impact on the privacy and sense of security, whether actual or perceived, on the occupants of the neighbouring flat, as well as result in likely general noise disturbance compared to if the application property was in mainstream residential use.

The proposal would therefore adversely affect the residential amenity of the surrounding area, contrary to the aims of Policy 14 (Design, Quality and Place) of National Planning Framework 4 (NPF4), and Policies H1 (Residential Areas), D1 (Quality Placemaking) and D2 (Amenity) of the Aberdeen Local Development Plan 2023. It is recognised in general terms that the location of this short term let accommodation unit would likely have local economic benefits in that it would provide tourist accommodation which is accessible from the city centre, the amenities and businesses of Holburn and Union Street and it is in a location that is accessible to public transportation. However, the specific circumstances of this site and the proposal are such that it would result in an unacceptable impact on the local amenity of the area to a degree that would significantly outweigh any local economic benefit that would arise from the use of the property as a short term let accommodation unit. The proposal was therefore also contrary to the aims of Policy 30 (Tourism) of NPF4.

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

• The property had been operating as a short term let for a number of years without any issues;
• Guests receive a welcome video which walks them from the street right to the apartment entrance which helped to limit the time guests were spending in the communal areas;
• There had been no reported incidents indicating a decline in privacy or security for neighbouring occupants;
• The operation of the property as an STL had been conducted responsibly and without any adverse effects on the surrounding area. The concerns raised by the planning department were speculative and did not reflect the actual situation.

In terms of Consultations, one letter of objection was received and one neutral letter, and consultee comments from Roads Development Management  and Waste Management Planning.   

Ms Greene advised that the applicant had expressed the view that no further procedure was required 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 then answered various questions from Members. 

Members each advised in turn and unanimously agreed to overturn the appointed officers decision and grant planning permission 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 use was considered acceptable as being complementary to residential use; there was no significant impact on residential amenity. With the issues of refuse disposal and parking having been satisfactorily addressed there were no other objections to the use as short term let, with the use having been operating for some time.

The property in question is relatively close to the city centre and therefore complies with Policy VC2: Tourism and T2: Sustainable Transport in the adopted Aberdeen Local Development Plan 2023 (LDP). The proposal would comply with Policy H1: Residential Areas and Policy D2: Amenity. In terms of parking the short term let use was considered to have a similar demand as a residential use, and the proposal complies with Policy T3 in the LDP.

A condition is attached to restrict the permission to a five year temporary period in order for the impact on housing supply to be assessed at that time. The proposal therefore complies 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.