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 241057.

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 change of use of flat to Short Term Let accommodation (sui generis) with maximum occupancy of 6 people at flat 5, 17 Northfield Place, 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 10 September 2024; (3)  the Decision Notice dated 14 November 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.

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 comings and goings from the use of the property as a short-term let (STL) by up to six frequently changing transient adults, alongside those from the cleaners after each visit, would unacceptably intensify the use of the property over and above what would be expected from its use as a permanent residence, to the detriment of the amenity of the other properties in the building with respect to noise transmission, movement within the building, the use of the garden and their sense of security. The size of the three-bedroom flat compared to the remaining one bedroom flats within the block would result in the proposed STL use impacting on the quiet residential character of the block and worsening the amenity impacts on the neighbouring flats. The proposal therefore does not comply with Policy 30 (Tourism) of National Planning Framework 4 (NPF4) and Policy H1 (Residential Areas) of the Aberdeen Local Development Plan 2023.

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

·       To address concerns about disturbance, wish would be to reduce to three guests;

·       Mainstream use could result in more people;

·       Concerns about noise and disturbance could be addressed by strict guest policies, including quiet hours and limits on visitors;.

·       Applicant committed to measures in place to minimise disturbance;

·       Contributed to diversity of accommodation to support local economy; and

·       High quality accommodation in central area and flat was empty before purchase and refurbishment.

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 no letters of representation.

She indicated that the applicant had submitted a new check list which should be considered 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 new check list 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.

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 comings and goings from the use of the property as a short-term let (STL) by up to six frequently changing transient adults, alongside those from the cleaners after each visit, would unacceptably intensify the use of the property over and above what would be expected from its use as a permanent residence, to the detriment of the amenity of the other properties in the building with respect to noise transmission, movement within the building, the use of the garden and their sense of security. The size of the three-bedroom flat compared to the remaining one bedroom flats within the block would result in the proposed STL use impacting on the quiet residential character of the block and worsening the amenity impacts on the neighbouring flats. The proposal therefore does not comply with Policy 30 (Tourism) of National Planning Framework 4 (NPF4) and Policy H1 (Residential Areas) of the Aberdeen Local Development Plan 2023.

COUNCILLOR CIARAN MCRAE, Chairperson