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 240350.

The LRB then considered the second request to review the decision taken by an appointed officer under the Council’s Scheme of Delegation for the refusal of the application for the change of use of flat to Short Term Let accommodation (sui generis) with maximum occupancy of 4 people at 155 Bon-accord Street, Aberdeen, AB11 6XE.

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 19 March 2024; (3) the decision notice dated 14 May 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 Waste and Recycling Team.

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

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

·       Impact on amenity and security of neighbour with transient guests using otherwise private rear garden and site entrance;

·       Guests would pass rear windows of ground floor/basement flat being able to look in – privacy impact; and

·       Contrary to NPF4 Policy 30 Tourism, H1 of ALDP.

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

·       Regarding security, the main door for ground floor flat was at front, meant primary access unaffected;

·       Management of frequency and nature of guest stays, guest vetting and clear house rules meant minimal disruption;

·       Neighbour who shared garden had expressed no concern;

·       Willing to install screening and landscaping to prevent overlooking;

·       STL would align with broader aims of Policy 30 to support tourism and local economy; and

·       With mitigation, impact on residential amenity would be negligible, with high standard of maintenance and monitoring.

The Council’s Waste Team had no objection, guests could use resident bins until commercial collection had been established; The Roads Team had no concern or objection as parking was the same as mainstream residents. No comments were submitted by the Community Council and no representations were received.

Ms Greene advised that the applicant has expressed the view that the review may proceed on the basis of the information submitted.

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 Copland, Clark and Lawrence 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 various questions from members relating to the existing property and whether there were two separate addresses for both properties.

Members each advised in turn and unanimously agreed to reverse the appointed officer’s earlier 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 are as follows:-

That with a condition relating to translucent screening to the basement windows of the neighbouring property below the application flat, it is considered that the use of the application flat for a short term let would be acceptable in terms of residential amenity and therefore complies with Policy H1 – Residential Areas and H2 – Amenity in the Aberdeen Local Development Plan 2023.

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.

(03) SCREENING

That unless agreed otherwise in writing with the planning authority, the use of the flat for short term let accommodation shall not take place unless there has been implemented a scheme for screening within the rear garden between the footpath to the entrance door of the application property and the basement windows to the dwelling below, in accordance with details to be agreed in writing with the planning authority. Such screening shall allow the passage of light such as (but not limited to) planting / trellising or translucent screen.

Reason: In order to protect the privacy of the occupants of residential accommodation at basement level.