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 241289.

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 formation of driveway to the front at 11 Invercauld Road, Aberdeen, AB16 5UH, Planning Reference 241289/DPP.

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 6 November 2024; (3)  the Decision Notice dated 14 February 2025; (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 Roads Development Management Team; and a letter of representation from Aberdeen Civic Society.

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:-

•       Road safety: The proposed driveway would not meet the minimum required length, as set out in the Council’s Transport & Accessibility Aberdeen Planning Guidance, and would also be situated immediately opposite a road junction. As such, the proposed driveway would cause a safety hazard to road users and pedestrians, therefore the proposal conflicted with several requirements of the Transport and Accessibility guidance and was therefore also contrary to the requirements of Policy T3 (Parking) of the Aberdeen Local Development Plan.

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

·       Neighbour has driveway the same as that proposed;

·       Although dimensions fall short of requirements, so does the neighbour’s drive, but was easily capable of parking a car;

·       Houses were set back from the road with little traffic movement;

·       Precedent had been set and same rules should apply; and

·       Applicant often used neighbour’s driveway and photo had been submitted showing how it fitted.

Ms Greene provided information in relation to the consultee responses and the letters of representation, noting that (1) the Roads Team had objected as the site was only approx. 4.5m long in front of the footway crossing. This was less than the required 5m. Vehicles were required to enter drives at 90 degrees to road, therefore the angle required to park was unacceptable. The site also lay opposite a junction which was not acceptable. There was not a controlled parking zone; (2) an objection was received from Aberdeen Civic Society, stating that whilst it was appreciated that there were other driveways, it privatised a parking space on the street; and (3) no comments were received from Mastrick, Sheddocksley and Summerhill Community Council.

In terms of procedure by which the review would be conducted, Ms Greene advised that the applicant had expressed the view that it may proceed without the requirement for a site visit.

The Chairperson and Councillors Farquhar and Thomson indicated in turn that they each had enough information before them to proceed.

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 driveway hereby granted planning permission would be acceptable in terms of its impact on residential amenity and the character of the area.

A number of factors were taken into account in assessing the application as acceptable in terms of road safety: that the driveway would allow for access at 90 degrees to the road for smaller cars; that for longer cars the angle of access would be relatively close to 90 degrees.

It is recognised that the development would reduce pressure for vehicles parking on street in close proximity to the junction ofInvercauld Road and Birkhall Parade, thus improving road safety.

As such, the development is considered to be in compliance with Policy H1: Residential Areas of the Aberdeen Local Development Plan 2023.

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.

-         COUNCILLOR NEIL COPLAND, Chairperson.