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 240798.

The LRB then considered the third 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 installation of a replacement single storey extension to rear at 81 Gray Street, Aberdeen, AB10 6JD.

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 26 June 2024; (3) the decision notice dated 22 August 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) two letter of representation.

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:-

·       The proposed single storey extension, due to its projection on the north-west elevation, would far exceed the criteria outlined in the Council's Householder Development Guide Aberdeen Planning Guidance for the projection of extensions along mutual boundaries in terraced properties;

·       The projection of the extension would result in an overbearing impact and unacceptable tunnelling effect on the neighbouring property at 79 Gray Street, whilst also creating further overshadowing of that property, therefore the works did not comply with the criteria set out in Policy 14 (Design, Quality and Place) and Policy 16 (Quality Homes) of National Planning Framework 4 (NPF4); and

·       Due to the significant adverse impact on the amenity of the neighbouring property, the proposal also conflicted with the criteria detailed within Policy H1 (Residential Areas), Policy D1 (Quality Placemaking) and Policy D2 (Amenity) of the Aberdeen Local Development Plan 2023.

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

·       Summarised the issue of disagreement as whether proposal would be overbearing and would have tunnelling impact on number 79;

·       Noted recent application at number 79;

·       Extension on north side, to number 79, was not considered excessive and would improve daylight;

·       Neighbours at 79 had written in support, however, this was received after the decision was issued, therefore not considered; and

·       Approved extension at number 79 would remove the gap between properties, however, this was disregarded by Planning, as it had not been constructed.

In terms of consultation there was no comments submitted by the Community Council.

Ms Greene advised that the applicant had expressed the view that a site visit should take place in order to fully understand the site situation and the review  should not 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.

Councillors Boulton, Copland, Cooke 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 National Planning Framework 4 and the Aberdeen Local Development Plan 2023.

Ms Greene responded to various questions from members relating to shadowing and tunnelling concerns.

Members each advised in turn and unanimously agreed to reverse the appointed officer’s earlier decision. Planning permission was therefore granted.

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 although the proposed single storey extension, due to its projection along the boundaries, would exceed the criteria outlined in the Householder Development Guide Aberdeen Planning Guidance, it is considered acceptable in its impact on the neighbouring properties as it would result in a reduction in the height of the structure on the shared boundary with no. 79 Gray Street when compared with the existing structures and also taking into account planning permission 240739/DPP relating to that property.

The proposal is considered to align with Policy 14 (Design, Quality and Place), Policy 16 (Quality Homes) of National Planning Framework 4 (NPF4) and Policy H1 (Residential Areas), Policy D1 (Quality Placemaking) and Policy D2 (Amenity) of 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.