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 240808.

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 erection of a 1.5 storey dwelling house with detached double garage; associated access including splitting of an existing curtilage at South Smithy Cottage, Ellon Road, 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 28 June 2024; (3)  the Decision Notice dated 11 December 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 four 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:-

·       Although location, layout, siting and design were acceptable, proposed access would result in loss of open space for Cloverhill. Therefore contrary to Policy 20: Blue and Green Infrastructure and NE2: Green and Blue Infrastructure in Local Development Plan; and

·       Would result in loss of tree on south western boundary of site and a convoluted road access, not designed to satisfaction of Roads Team and close to residential properties. Contrary to Policy 6: Trees and 13: Sustainable Transport of National Planning Framework 4 and NE5: Trees, T2: Sustainable Transport of Local Development Plan 2023.

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

·       Noted that the right of access formed part of the Cloverhill (Bancon) application 210884/MSC. But had not been honoured by developer and Council with fence forming a barrier;

·       Route was the safest access;

·       Loss of trees could be mitigated with replacement planting; and

·       Proposed development complied with all other planning requirements.

Ms Greene provided information in relation to the consultee responses and the letters of representation, noting that the Roads Team had objected as the drive was to long with no passing places and was up a steep hill across a burn. Exiting access was on a road with reduced speed, inset large enough for passing and with visibility.

In terms of procedure by which the review would be conducted, Ms Greene advised that the applicant had expressed the view that a site visit should be undertaken.

The Chairperson and Councillor Farquhar indicated in turn that they each had enough information before them. Councillors Lawrence and Macdonald indicated in turn that a site visit should be undertaken. As the Chair had the casting vote, the Committee 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 access road leading to the Cloverhill development and the maintenance of the driveway.

Members each advised in turn and the Chairperson and Councillors Farquhar and Lawrence were minded to reverse the appointed officer’s decision and approve the application. Councillor Macdonald was minded to uphold the appointed officer’s decision to refuse the application. By a majority of 3 to 1, the Committee agreed to reverse the appointed officer’s earlier decision, therefore planning permission was approved 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 –

That the proposed house would provide a satisfactory level of residential amenity and private open space for occupants, would not impact unduly on the amenity of nearby residents and would be of an acceptable design quality, all in accordance with Policy H1: Residential Areas in the Aberdeen Local Development Plan 2023 and Policy 16: Quality Homes in NPF4. The loss of trees and open space in order to provide a safe vehicular access and egress to the site would be minor in the context of the wider Cloverhill development and public access into the affected area of space would remain, and its open nature maintained. Replacement tree planting of native species would provide mitigation for the tree loss so that the proposal would comply with Policy 6: Forestry, Trees and Woodland in NPF4 and NE5: Trees and Woodland, in the LDP. The proposed access would provide a safe route into the property.

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)  TREE PLANTING

All landscaping proposals shall be carried out in accordance with the approved scheme shown in the Tree Survey by EPIC Tree Care dated 26^th March 2024 or such other as may be subsequently approved in writing through this condition, 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.

(03)  TREE PROTECTION

That no development shall take place unless there has been submitted to and approved in writing by the planning authority a tree protection plan showing the locations and details of tree protection fences to protect the root protection areas of trees and details of how the construction will take place in order to ensure protection of tree roots. Development shall not take place other than in accordance with such details as so approved and tree protection fences are in place on site.

Reason:

In the interests of protecting the existing trees to remain on site.

(04)  TREE WORK

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.

(05)  STORAGE OF MATERIALS

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.

Reason:

In order to ensure. adequate protection for the trees on site during the construction of the development.

(06)  NOISE BARRIER

That the house hereby approved shall not be occupied unless there is in place on site acoustic fencing along the west and north boundaries of the site in accordance with the approved plan reference 101 C or such others as are subsequently approved through this condition.

Reason:

In the interests of residential amenity.