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 230759.

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 erection of dwellinghouse with garage, rear boundary wall and associated landscaping - Spademill Studio, Spademill Lane, Aberdeen, planning reference 230759.

 

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 21 June 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 applicant; and (5) letters of representation from the Aberdeen City Council’s Roads Development Management Team, Waste and Recycling Team, Environmental Health and also from the Queen’s Cross and Harlaw Community Council and Historic Environment Scotland. 

 

Ms Greene then described the site and outlined the appellant’s proposal.   The application site extended to approximately 489m2 and sat on the southern side of Spademill Lane, approximately 60m east of its junction with Bayview Road and currently accommodated a late 20th Century two storey office building with a footprint of approximately 101m2 . The building was currently occupied by a commercial business, Tailored Training Services, with the agent advising that this was on a temporary basis. The existing ‘L’ shaped building, with a lean-to conservatory, sat to the north east of the site, abutting the lane and the eastern boundary. The remainder of the site was laid with hardstanding used for car parking. There were five trees within the site and a number of trees that stand to the east and south, that were outwith the application site boundary. The site itself was relatively flat, but as you approach the lane it sloped upwards by approximately 0.5m with the floor level of the existing building sitting below the lane. The lane itself has a noticeable variation in its levels, with a level difference of approximately 10m over the entire length of the lane as you go from east to west. The level difference was more apparent around the application site with a difference of approximately 5m between 70 Queen’s Road and 80 Queen’s Road. The building was not listed, but does sit within the Albyn Place/Rubislaw Conservation Area. The site was bounded to the west by the car park and gardens associated with the residential flats at 80 Queen’s Road and to the east by car park and amenity ground associated with the residential flats and houses at 72-76 Queen’s Road. To the south, beyond the existing hedging, sits 78 Queen’s Road, a category C listed, two and a half storey, traditional granite building with a rear garden area and substantial front curtilage, which has recently been excavated and levelled. 78 Queen’s Road had been the original feu before it was split as a separate entity and has gained planning permission and listed building consent for a change of use from an office to form three residential flatted dwellings. Due to the topography of the sites, 78 Queen’s Road sat approximately 1m lower than that of the application site.

 

In terms of the proposal, Ms Greene advised that Planning permission was sought for the erection of a dwellinghouse and associated landscaping. This development would involve the demolition of the existing building, but as this is an unlisted building in the conservation area, such development would require the approval of conservation area consent.

 

It was noted that amended plans had been submitted by the applicant which included the following changes:

·       The length of the rear single storey extension had been reduced by 1.2m;

·       The covered walkway to the rear had been removed;

·       Changes to the rear wall, which would now sit at 1.8m in height;

·       New window openings had been introduced onto the lane;

·       The upper floor had been stepped in; and

·       Additional planting was proposed in the garden.

 

These changes were not in line with the requests made by the Planning Service nor did they address the concerns previously highlighted in correspondences.

 

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

 

The proposal had been assessed against the relevant policies of the National Planning Framework 4 (NPF4) and Aberdeen Local Development Plan 2023 (ALDP) and was deemed to be unacceptable, in that the level of development proposed was excessive, thus conflicting with Policy H1 (Residential Areas) of the ALDP and the requirements of the Development Along Lanes and Sub-division and Redevelopment of Residential Curtilages Aberdeen Planning Guidance documents (APG). Further to this, the dwellings scale, form and design was not acceptable, in that it was not small in scale resulting in an impact on Spademill Lane. Additionally, the proposal did not represent an appropriate development that had been informed by the existing or historic context of the site or surrounding area and bears no appreciation for the original building envelope, thus conflicting with Policy H1 (Residential Areas) and Policy D1 (Quality Placemaking) of the ALDP, Policy 14 (Design, Quality and Place) of NPF4, as well as the Development Along Lanes and Sub division and Redevelopment of Residential Curtilages APG's. The development would result in an overbearing impact on the north elevation of 78 Queen's Road and the site itself did not provide an appropriate level of external amenity space, thus conflicting with Policy D2 (Amenity) and Policy NE2 (Green and Blue Infrastructure) of the ALDP and the Development Along Lanes and Sub-division and Redevelopment of Residential Curtilages APG's.

 

With respect to Policy 7 (Historic Assets and Places) of NPF4 and Policy D6 (Historic Environment) of the ALDP, the excessive scale and form of the development would result in a detrimental impact on the character of the Albyn Place/Rubislaw Conservation Area, would not preserve or make a contribution to enhancing the immediate context and the wider conservation area, with the setting of the category C listed 78 Queen's Road also being impacted upon, thus conflicting with the aforementioned policies, along with Historic Environment Policy for Scotland and the Managing Change Guidance - Settings

 

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

•       It complied with NPF4 policies for brownfield sites, urban development and location of new homes in accessible locations;

•       It complied with H1 – not over development, no adverse impact on amenity or character and no loss of open space;

•       It complied with most of Aberdeen Planning Guidance, which required context response. Complied with APG checklist, which were guidance and not rules;

•       The house and garden were suited to site of this scale and the design was very high standard;

•       No undue impact on 78 Queens Rd, which was being converted to 3 flats – two plots separate for many years;

•       There would be a positive impact on the Conservation Area.  There would be an enhancement, and the policy required preservation; and

•       No objections from public or consultees and the local Community Council were in support.

 

In terms of Consultations, Ms Greene advised that the Council’s Roads Team and Environmental Health Team had no objections; that the Waste Management had no objection but provided general information in regards to waste and there was a response received from the local Community Council, however this was not received in time and the planning officer did not take the representation into consideration when the decision was made.  There was also a general response from Historic Environment Scotland. 

 

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

 

The Chairperson and Councillors Alphonse, Clark, Boulton 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 various questions from members. 

 

Members each advised in turn and by majority agreed to overturn the appointed officers previous decision.  Planning permission was therefore granted conditionally.   The Chairperson and Councillors Alphonse and Clark voted to approve the application conditionally and Councillors Boulton and Lawrence voted to refuse the application.

 

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 the scale of the development, in particular in terms of its footprint, was larger than would normally be considered acceptable for this form of rear lane development and was contrary to the Aberdeen Planning Guidance: Development Along Lanes. However, the development was considered acceptable due to the detrimental impact of the appearance of the existing building on the character of this part of the Albyn Place / Rubislaw Conservation Area townscape, the high quality of design and materials of the proposed development, with the element fronting the lane being considered of acceptable scale, and there being no significant impact on the amenity of the occupiers of neighbouring buildings in terms of privacy, daylight or sunlight. It was considered that the proposal would enhance this part of the Albyn Place / Rubislaw Conservation Area. It was also recognised that the building would be situated on a rear lane which is used mainly for access, rather than a principal street with significantly more public visibility.

 

The existing building was out of keeping with the character of the Conservation Area, and its removal and replacement with the proposed development would enhance the character of the Conservation Area in accordance with Policy 7: Historic Assets and Places and Policy in National Planning Policy Framework 4 (NPF4) and Policy D6: Historic Environment in the Local Development Plan 2023 (LDP).

 

The proposal would be acceptable in terms of residential amenity and accord with Policy H1: Residential Areas and Policy D2: Amenity in the Local Development Plan 2023 (LDP) in this respect.

 

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) LANDSCAPE SCHEME

 

That no works in connection with the development hereby approved shall take place unless a scheme of hard and soft landscaping works has been submitted to and approved in writing by the Planning Authority.

 

Details of the scheme shall include:  

(i)             Existing landscape features and vegetation to be retained;

(ii)            The location of new trees, shrubs, hedges, grassed areas, including to the green roof;

(iii)          A schedule of planting to comprise species, plant sizes and proposed numbers and density;

(iv)          The location, design and materials of all hard landscaping works including walls, fences, gates as required;

(v)           An indication of existing trees, shrubs and hedges to be removed;

(vi)          A programme for the completion and subsequent maintenance of the proposed landscaping.

 

All soft and hard landscaping proposals shall be carried out in accordance with the approved scheme and shall be completed during the planting season immediately following the commencement of the development or such other date as may be agreed in writing with the Planning Authority.  Any planting which, within a period of 5 years from the completion of the development, in the opinion of the Planning Authority is dying, being severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted.

 

In addition, prior to the commencement of the implementation of the approved scheme, detailed proposals for a programme for the long term management and maintenance of all the approved landscaped and open space areas within the development shall be submitted for the further written approval of the Planning Authority.  Thereafter, all management and maintenance of the landscaped and open space areas shall be implemented, in perpetuity, in accordance with the approved programme."

 

Reason: To ensure the implementation of a satisfactory scheme of landscaping which will help to integrate the proposed development into the local landscape in the interests of the visual amenity of the area and to ensure that the landscaping is managed and maintained in perpetuity.

 

(03) REFUSE STORAGE AND DISPOSAL

 

That the use hereby granted planning permission shall not take place unless provision has been made within the application site for refuse storage and disposal in accordance with a scheme which has been submitted to and approved in writing by the planning authority.

 

Reason: in order to preserve the amenity of the neighbourhood and in the interests of public health

 

(04) LZC EQUIPMENT

 

That the building hereby approved shall not be occupied unless a scheme detailing compliance with the Council's 'Resources for New Development' Aberdeen Planning Guidance has been submitted to and approved in writing by the planning authority, and any recommended measures specified within that scheme for the reduction of carbon emissions have been implemented in full.

 

Reason: to ensure that this development complies with requirements for reductions in carbon emissions specified in the City Council's relevant published 'Resources for New Development' Aberdeen Planning Guidance.