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 240463.

The LRB then considered the fourth 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 erection of a two-storey detached dwelling house with integral garage and associated works at land adjacent to Oldfold Farmhouse, Milltimber, Aberdeen AB13 0HQ.

 

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 12 April 2024; (3) the decision notice dated 25 September 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) consultee responses from the Council’s Environmental Health Team, Contaminated Land Team, Roads Development Management Team and Waste and Recycling Team; Scottish Water and a 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 development would by virtue of its design and layout have a harmful impact in the following ways: It would visually intrude upon the existing Oldfold Farmhouse, to the detriment of its historic character and that of the wider setting of the area; by erecting a dwellinghouse where the majority of habitable rooms were excessively overshadowed by neighbouring woodland, it would provide inadequate amenity to the residential development and thereby place undue pressure on woodland, in particular to the south-west of the site; and

·       Was contrary to Policy 7 (Historic Assets and Places) & Policy 14 (Design, Quality and Place) of NPF4, Policy D1 (Quality Placemaking), Policy D5 (Landscape Design) and Policy D6 (& Historic Environment), Policy D2 (Amenity), NPF4 Policy 6 (Forestry, Woodland and Trees) and ALDP Policy NE5 (Trees and Woodland).

 

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

·       Oldfold Farmhouse was not listed, its significance was overstated. Surroundings heavily influenced by housing estate;

·       Quality architecture – dispute that the house would not be distinctive and pleasant;

·       House would occupy 15% of plot, plenty of space for landscaping and plan was not requested;

·       Materials - Aberdeen Planning Guidance did not contain preference against white / off-white render;

·       No healthy trees would be felled. Trees were deciduous; and

·       Planning Permission in Principle existed on the site, including plot within Zone of Influence.

 

In terms of consultee responses, there were no objections from the Roads, Waste, Environmental Health and Contaminated Land Teams. Scottish Water had no objection and there was no comments received from Cults, Bieldside and Milltimber Community Council. There was one letter of representation which objected to the application due to dust and construction noise.

 

Ms Greene advised that the applicant had expressed the view that the review  may 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.

 

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

 

Ms Greene responded to various questions from members relating to the trees and orientation of the proposed building.

 

Members each advised in turn and unanimously agreed to reverse the appointed officer’s earlier 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 are as follows:-

The principle of development is acceptable, with extant Planning Permission in Principle for a house having been granted, under application reference 220261/PPP.

 

The siting and design of the proposal would result in an adequate level of amenity for future occupants, with the deciduous trees to the west providing shading in summer, helping with climate change mitigation, whilst allowing sunlight to reach the house during winter. This would align with Policy 2 (Climate mitigation and adaptation) of National Planning Framework 4 (NPF4).

 

The character of the surrounding area has been significantly impacted by the relatively recent erection of housing to the north, south and east. There would be no significant impact on the amenity of the occupants of the existing Oldfold Farmhouse, nor an adverse impact on its character. As such the application proposal would align with Policy D2 (Amenity) and Policy D6 (Our Historic Environment) in Aberdeen Local Development Plan 2023 (ALDP) and Policy 7 (Historic Assets and Places) in NPF4.

 

The development would be distinctive and pleasant and would align with Policy 14 (Design, Quality and Place) in National Planning Framework 4 (NPF4) and Policy D1 (Quality Placemaking) in ALDP.

 

No healthy trees would be lost as a result of the development and with conditions requiring tree protection during construction, a landscape plan and biodiversity enhancement, it is considered that the proposal would be acceptable in terms of trees and landscaping, complying with Policy 1Policy 3 (Biodiversity), Policy 6 (Forestry, Woodland and Trees) in National Planning Framework 4 (NPF4), Policy NE5 (Trees and Woodland) and Policy D5 (Landscape Design) in the ALDP.

 

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.

 

(02) LANDSCAPE PLAN AND BIODIVERSITY PLAN

 

That no development pursuant to the planning permission hereby approved shall be carried out unless there has been submitted to and approved in writing for the purpose by the planning authority:

(a)       a detailed scheme of landscaping for the site, which scheme shall include indications of all existing trees and landscaped areas on the land, and details of any to be retained, together with measures for their protection in the course of development, and the proposed areas of tree/shrub planting including details of numbers, densities, locations, species, sizes and stage of maturity at planting

(b)       a detailed biodiversity protection and enhancement plan, which shall include an assessment of existing habitats and biodiversity interest, the impact of the development on this, the mitigation proposed and measures for enhancing biodiversity, including consideration given to surrounding habitats and strengthening connectivity.

 

Reason - in the interests of the amenity of the area and to enhance biodiversity.

 

(03) LANDSCAPE SCHEME AND BIODIVERSITY MEASURES

 

All soft landscaping proposals and biodiversity measures identified in the plans approved under condition 2 shall be carried out in accordance with the approved schemes and shall be completed during the planting season immediately following the commencement of the development or as otherwise 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.

 

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. To ensure that biodiversity enhancement is achieved.

 

(04) TREE PROTECTION

 

That no development shall take place unless the tree protection measures as agreed in relation to condition 2 have been erected on site and remain in place for the entirety of the construction period, unless otherwise agreed in writing with the planning authority.

 

Reason – In order to protect trees on, and near to, the site.

 

(05) TREES – PREVENTION OF DAMAGE

 

that no materials, supplies, plant, machinery, spoil, changes in ground levels or construction activities shall be permitted within the protected areas specified in the aforementioned scheme of tree protection without the written consent of the Planning Authority and no fire shall be lit in a position where the flames could extend to within 5 metres of foliage, branches or trunks - in order to ensure. adequate protection for the trees on site during the construction of the development.

 

(06) TREES – FURTHER WORKS

 

that any tree work which appears to become necessary during the implementation of the development shall not be undertaken without the prior written consent of the Planning Authority; any damage caused to trees growing on the site shall be remedied in accordance with British Standard 3998: 2010 "Recommendations for Tree Work" before the building hereby approved is first occupied.

 

Reason - in order to preserve the character and visual amenity of the area.

-                COUNCILLOR CIRAN MCRAE, Chairperson.