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 231489.

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 relating to a condition for the installation of replacement floodlights at Football Ground, Denmore Road, 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 23 November 2023; (3) the decision notice dated 4 April 2024; (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) correspondence from Aberdeen City Council’s Roads Development Management Team and Environmental Health Protective Services.

Ms Greene then described the site and outlined the appellant’s proposal.

She intimated that planning permission had been approved conditionally and explained that the Council’s Environmental Health Team advised that the lighting impact assessment did meet the requirements of the service, although a condition for the operational hours of the lighting had been applied to the permission, which was as follows:-

Restriction on hours – Floodlights to be used 1500 – 2100, only during darkness.

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

·       Wish to extend time for use of floodlights until 10pm due to game starts at 8pm for Scottish Highland League – 18s. Also youth football past 9pm;

·       Replacement floodlight’s, purpose was to continue to foster youth football;

·       Did not realise hours would be conditioned and had no submitted details of use of pitch previously;

·       Details provided of three sets of training sessions for different age groups, covering times between 6pm and 9.55pm; and

·       Points out that Council has extended till 10pm for Banks of Dee, Hermes Juniors and Dyce.

Ms Greene advised that Environmental Health had clarified that there was  only one property likely to be affected by the noise and light overspill and explained that Environmental Health had been using these hours for some time now to stream line the hours flood lit pitches were being used across the City to protect the amenity of people living nearby.  She explained that in this particular location, if the applicant wanted to operate until 10pm, then this would be acceptable.

No comments were submitted by the Community Council and no representations were received.

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

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, Farquhar, Greig 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 National Planning Framework 4, the Aberdeen Local Development Plan 2023.

Ms Greene responded to various questions from members relating to the impact on extending the time period by one hour and the distance  between the football ground and the residential property which may be affected.

Members each advised in turn and unanimously agreed to vary the appointed officer’s earlier decision. Planning permission was granted. Conditions attached to this permission were set out below

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 location of the proposed lighting sits sufficiently away from Denmore Road and at a lower ground level to avoid presenting an adverse visual impact from public view. The lighting has also been designed to minimise its massing and be in keeping with other lighting on the football grounds to the north. The proposal including hours of use 1500 – 2200, is compliant with Policy 14 (Design, Quality and Place) and Policy 27 (City, Town, Local and Commercial Centres) of National Planning Framework 4 (NPF4) and Policy D1 (Quality Placemaking) of the Aberdeen Local Development Plan 2023 (ALDP).

The proposed floodlights are considered not to result in a significant adverse impact on residential amenity of surrounding properties caused by light as demonstrated from the Light Assessment Report and would not impact on road safety in accordance with Policy VC8 (Town, District,

Neighbourhood and Commercial Centres) and Policy D2 (Amenity) of the ALDP Consideration has been given to the positive impact of the proposal by increasing the useability of the existing pitch on encouraging healthy lifestyles and the positive impact this can have on the mental and physical well-being of participating children. The proposed works comprise replacement lighting and sufficient measures have been put in place to minimise harm to wildlife and light pollution. Although the development would be in tension with Policy 1 (Tackling the Climate and Nature Crises) and Policy 2 (Climate Mitigation and Adaptation) of NPF4, the proposed would accord with Policy 3 (Biodiversity), Policy 21 (Play, Recreation and Sport) and Policy 14 (Design, Quality and Place) of NPF4 and Policy WB1 (Healthy Developments) of the ALDP and would therefore, on balance, accord with the aims of 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) RESTRICTION ON HOURS

That the floodlights hereby approved shall only be in both use between 15:00 and 22:00 hours and only be used during hours of darkness.

Reason - in the interest of residential amenity

(03) INSTALLATION IN ACCORDANCE WITH DETAILS

That the development hereby approved shall be installed in accordance with the details as set out in the 'Hall Russell FC' lighting report prepared by Kingfisher Lighting; and associated drawing 51600 Rev B forming part of this application, and shall be retained as such.

Reason - in the interest of residential amenity.