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 240388.

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 replacement single storey extension at Hillhead of Clinterty, Kirkton of Skene, Tyrebagger 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 27 March 2024; (3)  the Decision Notice dated 14 January 2025; (4) links to the plans showing the proposal and planning policies referred to in the draft delegated report; and (5) the Notice of Review submitted by the applicant/agent.

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:-

·       Combined impact of proposed and existing extensions would nearly double the footprint of the traditional cottage;

·       Proposals would result in two of the original walls being wholly or partially obscured – more than half of the eastern elevation (ground floor);

·       Extensions would dominate and overwhelm the original cottage, fail to respect character and appearance of the historic dwelling and surrounding area;

·       Negative visual impact on character of the Green Belt; and

·       Contrary to Policy 7 (Historic Assets), 8 (Green Belt), 14 (Design), 16 (Quality Homes) of National Planning Framework 4 and NE1 (GB), D1 (Design), D6 (Historic Env) of Local Development Plan 2023.

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

·       Footprint of the original house being nearly doubled: Household Developer Guidance advised “built footprint of a dwellinghouse should not exceed twice that of original dwelling” therefore as the extension would not result in this being breached, this was not a valid reason;

·       On Small-scale re GB policy – GB policy deals with all sorts of developments in the GB (hotels, gold courses, quarries etc) therefore extension to house would always be considered small scale; and

·       Length of elevation is 21m, proposal would replace a modern extension of 3.5m wide with more useable and energy efficient extension. WouldlLook into applicant’s private garden. Would be 6m wide, less than 1/3 of elevation and the length was reduced from 9m to 7.1m, with width having been reduced from 6.7 to 6m.

Ms Greene advised that there were no consultee responses or letters of representation submitted.

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 Councillors Alphonse, Farquhar and Macdonald 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.

Members each advised in turn and unanimously agreed to overturn the appointed officers earlier decision. Planning permission was therefore approved.

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 proposed replacement extension would be of good quality design, small-scale, subordinate to the existing house and would result in a built footprint of less than double that of the original house.  There would be a limited impact on the surrounding landscape as the extension would be within the private garden area and well screened by trees. The proposal therefore generally accords with  Policy 8 and NE1 on Green Belt in National Planning Framework 4 (NPF4) and the Aberdeen Local Development Plan 2023 respectively and Policy 14: Design, Quality and Place.

CONDITIONS

This permission is granted subject to the following condition.

(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.

-                COUNCILLOR CIARAN MCRAE, Chairperson