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 240093.

The Local Review Body (LRB) of Aberdeen City Council met on this day to consider review of 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 from dwellinghouse to short term let accommodation with maximum occupancy of 12 people at 57 Spital, Aberdeen, AB24 3HX.

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, Mr Mark Masson 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 Mr Masson, 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 draft delegated report by the Appointed Officer, Aberdeen City Council; (2) an application dated 27 January 2024; (3)  the Decision Notice dated 6 June 2024; (4) links to the plans showing the proposal and planning policies referred to in the draft delegated report; (5) the Notice of Review submitted by the applicant/agent; and (6) consultee correspondence from the Council’s Environmental Health, Waste and Recycling and Roads Development Management Teams; and two letters of representation.

Ms Greene then described the site and outlined the appellant’s proposal for detailed planning permission.

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

·       The change of use to short term let accommodation with a maximum occupancy of twelve people would have a significant adverse impact on the amenity afforded to the neighbouring residential occupants in the area in terms of noise and their actual or perceived impact on safety and security and would have a direct conflict with the adjacent land uses. The proposal conflicts with Policies14 (Design, Quality and Place) of National Planning Framework 4, as well as H2 (Mixed Use Areas), D1 (Quality Placemaking) and D2 (Amenity) of the Aberdeen Local Development Plan 2023. There are no material considerations that would justify approval.

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

·       Property had been managed by company on behalf of applicant since 2018;

·       Previously operated as HMO for 6;

·       It was large with 3 bathrooms/WC, large communal areas and garden;

·       Queries whether other large properties were managed as guesthouses/ B&B and what was the difference in definition; and

·       Applicant would be happy to provide further info and make case in person.

In terms of Consultation response, Ms Greene advised that the Waste Team had objected as there were no facilities shown and there was a large number of guests; the Roads Team had no objection and there was no comments received from Environmental Health. In relation to the Community Council, they expressed concerns due to the numbers of people and parking pressures and the bus stop adjacent was frequently full of parked cars. There was also concerns with community erosion and Aberdeen Planning Guidance did not limit STLs which it does for HMOs.

Ms Greene advised that the applicant had expressed the view that the review should not proceed on the basis of the information submitted and there should be one or more hearings as the applicant would like to make their case in person.

The Chairperson and Councillors Boulton, Copland, Clark and Thomson 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 a question from a member relating to the occupancy number for the STL.

Members each advised in turn and unanimously agreed to uphold the appointed officers decision and refuse the planning 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 are as follows –

The change of use to short term let accommodation with a maximum occupancy of twelve people would have a significant adverse impact on the amenity afforded to the neighbouring residential occupants in the area in terms of noise and their actual or perceived impact on safety and security and would have a direct conflict with the adjacent land uses. The proposal conflicts with Policies14 (Design, Quality and Place) of National Planning Framework 4, as well as H2 (Mixed Use Areas), D1 (Quality Placemaking) and D2 (Amenity) of the Aberdeen Local Development Plan 2023. There are no material considerations that would justify approval.