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 240985.

The LRB then considered the second 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 change of use of flat to a Short Term Let accommodation (sui generis) with maximum occupancy of 2 people at 24 Picardy Court, Rose Street, Aberdeen.

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.  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 draft delegated report by the Appointed Officer, Aberdeen City Council; (2) an application dated 20 August 2024; (3)  the Decision Notice dated 15 October 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 Waste and Roads Development Management Teams; and four letters of representation, one of which was not before the case officer when a decision on the application was made.

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 proposal would introduce a second short term let (STL) in a block of three flats. This would result in a harmful cumulative amenity impact for the remaining property in mainstream residential use from the loss of residential character of the internal communal area and a cumulative level of activity from comings and goings of multiple STLs as well as a high concentration of unknown guests within the block. The proposed use is therefore contrary to Policy H1 (Residential Areas) of the Aberdeen Local Development Plan 2023 (ALDP) and Policy 30 (Tourism), paragraph (e) part i) of National Planning Framework 4 (NPF4).

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

·       Flat was on the ground floor which would minimise disturbance and noise;

·       Nature of the STL with max 2 guests, targeted at performing arts, therefore parties were less likely;

·       Applicant committed to measures in place to minimise disturbance;

·       Less disturbance compared to students or family, as guests out in day;

·       Security – would meet guests and lockbox number would be changed regularly;

·       Owner lived ten minutes away and would be responsible for maintenance and condition; and

·       Referred to top floor resident letter (new matter).

In terms of consultation responses, Ms Greene advised that the Waste and Roads Teams had no objection. That there was no comments from the Community Council and there were three letters of representation.

She indicated that a supporting letter from a party that did not make representation on the application had been submitted and this was included within the agenda pack as a new matter.

In terms of the consideration of new matters, the Chairperson and Councillors Boulton, Cooke and Copland all indicated in turn and unanimously agreed that the party did not demonstrate:-

(1)      that the matter could not have been raised before that time, or

(2)      that it not being raised before that time was a consequence of exceptional circumstances.

Therefore the letter of representation referred to above was not to be considered as part of the proceedings.

In terms of procedure by which the review would be conducted, Ms Greene advised that the applicant had expressed the view that has expressed the view that the review may proceed on the basis of the information submitted.

The Chairperson and Councillors Boulton, Cooke and Copland 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. She also made reference to the Scottish Government’s publication on ‘Short Term Lets: Business and Regulatory Impact Assessment’ from November 2021.

Ms Greene responded to a question from a member relating to the property being previously operating as an AirBnB.

Members each advised in turn and unanimously agreed to reverse the appointed officers decision and therefore approve planning application for a period of two years. 

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 short term lets provide self-catering accommodation for a range of budgets and this flat is located close to the city centre and its facilities; such accommodation is not particularly prevalent. Although the granting of planning permission would result in two out of the three flats in the block being short term lets, and there is some concern about the impact on the amenity of the occupant(s) of the mainstream residential flat, this is mitigated by the fact that the flat in question is on the ground floor. The proposal would also result in the loss of a mainstream flat, therefore, it is considered acceptable only on the basis of a temporary time limited permission so that impact on the housing market and local economy may be re-assessed in two years time.

With the attachment of such a condition it is considereed that the proposal is acceptable and complies with polices H1: Residential Areas and VC2: Tourism and Culture of the Aberdeen Local Development Plan 2023 and policy 30: Tourism from National Planning Framework 4 (NPF4)

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 eighteen months beginning with the date of this notice. If development has not begun at the expiration of the eighteen month  year period, the planning permission lapses.

Reason - in accordance with section 58 (duration of planning permission) of the 1997 act.

(02) TIME LIMIT FOR SHORT TERM LET USE

The use of the flat for short term let accommodation as hereby approved, shall expire 2 years following the date of the grant of permission as stated on this notice, unless a further planning permission has been granted for continued use of the property as serviced apartment accommodation in the meantime. Should no further planning permission be granted then the property shall revert to a flat in residential use after the aforementioned 2-year period.

Reason - In order to allow reassessment of the local housing need and demand situation and the local economic benefits derived from the use of the property as short term let accommodation to be reassessed in 2 years' time, to ensure that the loss of the property as residential accommodation would remain compliant with Policy 30 of NPF4.