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 240302.

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 Detailed Planning Permission for the replacement of external door with flood mitigation door at 48 Marischal Street Aberdeen, planning reference 240302.

The Chairperson stated that although the Planning Adviser for the LRB 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.

In relation to the application, the LRB had before it (1) a delegated report and decision notice by the Appointed Officer, Aberdeen City Council; (2) an application dated14 March 2024 (3) links to the plans showing the proposal and planning policies referred to in the delegated report; (4) and the Notice of Review submitted by the agent. 

Ms Greene then described the site and outlined the appellant’s proposal.   The application property was a category ‘B’ listed building, situated within the City Centre Conservation Area. The 3-storey and attic, 3-bay town house, formed part of a terraced row of properties, and dated back to circa 1789 and 1821. The application building had a north-east facing principal elevation onto Marischal Street whilst the rear, south-west elevation fronts onto Theatre Lane, a narrow historic pend. Due to a significant change in levels between Marischal Street and Theatre Lane, the rear elevation of the building was five storeys in height, with irregular fenestration and a pair of tripartite, canted piended dormers. There was an existing timber door at ground floor level on the rear elevation of the building to Theatre Lane. The application property adjoined 48 Marischal Street to the north and 56 Marischal Street to the south.

In terms of the proposal, it was noted that Detailed planning permission was sought for the installation of a replacement door for the existing timber double door and transom light, located on the rear, south-west elevation, fronting Theatre Lane. The proposed door would be a steel reinforced 70mm Rehau uPVC flood door, finished in RAL 9005 black externally and RAL 9016 white internally with a wood grain effect on both sides. The proposed door would hinge on either side with 4 flag hinges and would open outward. There would be a 300mm top light, with clear glass, 6mm laminate externally and 4mm toughened glass internally with crash bars internally with no external access. The works were proposed by Scottish Water in order to provide mitigation against sewer flooding on Theatre Lane, which they advised occurs on an increasingly frequent basis due to climate change, and has seen the building’s interior flooded in recent years.

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

The use of PVC for the replacement of the existing timber door would neither preserve nor enhance the special character or historic and architectural interest of the listed building and would fail to preserve or enhance the character and appearance of the City Centre Conservation Area. The proposal is therefore contrary to Historic Environment Policy for Scotland, Policy 7 (Historic Assets and Place) and Policy 14 (Design, Quality and Place) of National Planning Framework 4, Policy H2 (Mixed Use Areas), Policy D1 (Quality Placemaking), Policy D6 (Historic Environment) and Policy D8 (Windows and Doors) of the Aberdeen Local Development Plan 2023, as well as Historic Environment Scotland’s ‘Managing Change in the Historic Environment’ guidance on Doorways and the Council’s Aberdeen Planning Guidance on The Repair and Replacement of Windows and Doors.

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

• There was a need for the doors due to ongoing flooding in the area;
• Flooding was occurring more frequently due to climate change;
• Flooding protection was required to ensure that the building continued to be occupied, maintained and in viable use, which would ensure its future as an important part of the historic environment;
• The justification for the use of modern materials was explained in the supporting information submitted with the application; and
• The StormMeister uPVC doors with an active flood seal mechanism were installed by Scottish Water because they provide the tried, tested and guaranteed solution which was urgently required to prevent extensive damage to the interior contents, décor and fabric of the building which happened each time it flooded. 

In terms of Consultations, none were received. 

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

The Chairperson and Councillors Alphonse, Boulton, 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 the National Planning Framework 4 and the Aberdeen Local Development Plan 2023.

Ms Greene then answered various questions from Members. 

Members each advised in turn and unanimously agreed to overturn the appointed officers decision and grant planning permission 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:-

The main focus was to ensure that the building was watertight to avoid flood water damage to the fabric of the listed building, to the long term benefit of the historic environment through the protection of the existing buildings. Within the context, and through the use of woodgrain effect UPVC, the proposed doors would not look out of place within the conservation area. Due to the use of UPVC this proposal has tensions with Policy D6: Historic Environment in the Aberdeen Local Development Plan 2023 (LDP), Aberdeen Planning Guidance (APG): Repair and Replacement of Windows and Doors and Policy 7: Historic Assets and Places in National Planning Framework 4 (NPF4), but was not contrary to Policy H2: Mixed Use Areas in the LDP and is justified in terms of providing resilience and mitigation in terms of current and future climate change impacts in accordance with section c) of Policy 2: Climate of NPF 4.

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) FINISHES AND IRONMONGERY

That prior to the commencement of the development hereby approved, details of the proposed woodgrain effect external finish and door furniture including handles and hinges shall be submitted to and agreed in writing by the planning authority. Thereafter, the doors shall only be installed in accordance with the agreed plans. 

Reason: To preserve the character of the listed building and Conservation Area and to ensure consistency with other properties with flood doors within the City Centre Conservation Area.