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 240366

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 an application for Detailed Planning Permission for the change of use of flat to Short Term Let accommodation (sui generis) with maximum occupancy of 6 people, at 26 Belvidere Crescent Aberdeen, planning reference 240366.

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 17 April 2024, (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.

Ms Greene then described the site and outlined the appellant’s proposal.   The application site comprised a ground floor flat in a traditional two-storey, semi-detached granite building. The building contained four flats, arranged in a tradition one-up, one-down flatted arrangement. The application property was located on the south side of Belvidere Crescent, approximately 60m north-east of the junction with Craigie Loanings and Hamilton Place. The property was surrounded by residential properties of a similar style, which was typical of the street. Parking for the property was available on street by virtue of residents parking permit. The property comprised three bedrooms, one with en-suite, a kitchen and dining room, living room, separate bathroom and had an independent access entrance door from the front of the building. A rear outshot extension which was original to the property contains the kitchen-dining room, and outbuildings used for storage purposes accessed externally (for both flatted properties in the building). To the rear the garden ground was shared with the upper floor flat, including communal drying green and access paths, with dedicated areas for each flat. The rear curtilage was open plan with no subdivided areas and predominantly laid to grass with mature shrub and tree planting to borders.

In terms of the proposal, Ms Greene explained that planning permission was sought retrospectively 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 proposed maximum occupancy for the three-bedroom STL would be six persons at any one time, with a minimum stay duration of two nights. The property would be operated as an STL on a permanent basis and was understood to have been in operation for around eight years. Customers of the property would have access to one residents parking permit for use of the on-street parking facilities available to the front of the property and would be cleaned after each guest stay.

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

The comings and goings from the use of the flat by up to six transient occupants, alongside those from the cleaners after each visit would unacceptably intensify the use of the property over and above what would be expected from its use as a mainstream permanent residence. As such, the use of the property as a Short Term Let would present adverse harm to the amenity of the neighbouring residential property, to the detriment of their amenity in respect of privacy, noise transmission/ movement within the building, sense of security, and the enjoyment of private external amenity areas. The proposed use is therefore contrary to Policy H1 (Residential Areas) of the Aberdeen Local Development Plan 2023 (ALDP) and Policy 30 (Tourism), paragraph (e) part i) of National Planning Framework 4 (NPF4).

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

•       They were committed to low impact proposal and agree to the suggested changes from the planning officer, which included the installation of a fence in the shared garden;

•       They stated that the use had been in operation over the last 8 years with occupancy on average at 40% and the average number of guests 4.4, with an average stay of 3.8 days;

•       The property was more often empty than occupied;

•       The property was rented mostly for families visiting for events and also golf tourists;

•       Rosemount was an ideal location for facilities, with access to parks etc.

In terms of Consultations, Ms Greene advised that the Council’s Roads Team had no objection; 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.

Ms Greene advised that the applicant had expressed the view that no further procedure should take place before determination. 

The Chairperson and Councillors Boulton, Clark, Greig 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 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:-

That taking into account that the property has been used as a short term let for the last eight years, that it had a separate entrance with no communal areas shared with other residents and with the attachement of a condition requiring a fence to be in place to designate a separate area of the garden for the resident of the upper flat, it was considered that the proposal would be acceptable in its impact on residential amenity and therefore complies with Policy H1 – Residential Areas, in the Aberdeen Local Development Plan 2023 (LDP) and Policy 30 e)i. – Tourism in National Planning Framework 4 (NPF4). The attachment of a condition limiting the permission to a temporary period of five years would ensure that the impact on availability of housing may be reassessed after that period and the proposal is therefore considered compliant with Policy 30 e)ii.

Although the flat was not within the city centre it was accessible via public transport and active travel, as well as close to facilities in Rosemount. There were tensions with Policy VC2 – Tourism and Culture, however, this was outweighed by the benefits to the local economy and the fact that the flat had operated as a short term let for approximately eight years without significant impact on neighbours.                            

CONDITIONS

This permission was 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) FENCING

That the flat shall not be used for short term let accommodation unless there has been erected a fence and gate as shown on approved plan ‘Updated site plan with boundary fence’, or such other structures as may be subsequently approved through this condition, that effectively provide a private area of garden ground for the resident of the upper flat.

Reason – In the interests of residential amenity.