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 230675.

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 installation of air/water/vacuum upstand and replacement of three parking spaces with three additional EV charging bays, erection of associated infrastructure including enclosure and upstands (retrospective) at Esplanade Filling Station, North Esplanade West, Aberdeen, AB11 5RN.

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 1 June 2023; (3) the decision notice dated 15 February 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) a consultee response from the Council’s Roads Development Management Team.

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:-

·       Road safety grounds:-

-     water/air/vacuum stand block visibility; and

-     removal of all standard spaces created hesitation at entrance and could cause queuing onto busy road;

·       Benefits of EV charging for climate change mitigations were considered;

·       Proposal would not provide electric charging points in a safe location – contrary to Policy 13 – Sustainable Transport in NPF4; and

·       Although it complied with Policy 1 and 2 – on Tackling and mitigating climate change, principles of sustainable transport in T2 and Policy 13 – both on sustainable transport.

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

·       Site had functioned well for years without serious incident – including since water/air/vacuum installed;

·       Increased EV had resulted in less general parking, often cars use EV spaces for parking to no road safety danger;

·       Increase in EV would contribute to reducing emissions – there would be a lack of charging locally and nationally;

·       Only minimal loss of visibility and no incidents, the 5 spaces could be safely accessed by vehicles entering site;

·       Signage could inform drivers of dual use of charging spaces; and

·       Entrance was 15m from roundabout.

In terms of consultation, Ms Greene advised that the Council’s Roads Development Management Team had objected to the proposal on road safety grounds. There was no response from Ferryhill and Ruthrieston Community Council and no representations received.

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, 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 and the Aberdeen Local Development Plan 2023.

Ms Greene responded to questions relating to the layout of the facility.

Members each advised in turn and unanimously agreed to uphold the appointed officer’s earlier decision to refuse the 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:-

Due to the specific circumstances of the site, whereby the site layout is very constrained and the site access is in very close proximity to a highly trafficked road immediately after a junction, the removal of all standard non-electric vehicle charging spaces and the siting of the water, air and vacuum unit in a location that blocks visibility at the access of the site adversely impacts road safety. The removal of all standard parking spaces introduces ambiguity and hesitation for drivers entering the site regarding whether they will park in an area of the forecourt which is in very close proximity to the site access and could result in vehicles queuing onto a highly trafficked road. The Council's Roads Development Management Team have objected to this application on road safety grounds.

In reaching this determination, the planning service has placed significant weight on considering the benefits of additional electric vehicle charging infrastructure in terms of contributing to the decarbonisation of transport and tackling the global climate crisis. Indeed, the addition of electric vehicle charging points would accord with the aims of Policies 1 (Tackling the Climate and Nature Crises) and 2 (Climate Change Mitigation and Adaptation) of National Planning Framework 4 and the principles of supporting sustainable transport infrastructure in Policy 13 (Sustainable Transport) and T2 (Sustainable Transport) of the Aberdeen Local Development Plan 2023. However, Policy 13 requires low or zero-emission vehicle charging points to be in 'safe and convenient locations'. Because of the specific circumstances of this site and its constrained layout, the benefits that would arise from the addition of three charging spaces (beyond what has been granted by Planning Permission Ref: 211462/DPP) in terms of climate mitigation would not outweigh the road safety impact that would arise from this development proposal. The development would not provide electric vehicle charging points in a safe location, in conflict with the aims of Policy 13 (Sustainable Transport) of the National Planning Framework 4 and, on balance, the decision is to refuse the application.