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 241416.

The Local Review Body (LRB) of Aberdeen City Council met on this day to consider a request to review against the non-determination of  an application for Detailed Planning Permission for the change of use and reconstruction of existing commercial garages to form triple domestic garage with upper floor store and external stair access at 36 Albyn Place Aberdeen, planning reference 241416.

Councillor McRae as Chair for the meeting, gave a brief outline of the business to be undertaken, advising that the LRB would be addressed by the Assistant Clerk, Mrs Lynsey McBain with regards to the procedure to be followed and thereafter, by Ms Lucy Greene who would be acting as the Planning Adviser to the Body in the following cases under consideration this day.

The Chairperson stated that although the Planning Adviser was employed by the planning authority, she had not been involved in any way with the consideration 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.

The Local Review Body was then addressed by Mrs McBain, Assistant Clerk in regard to the procedure to be followed, at which time reference was made to the procedure note circulated with the papers calling the meeting and to more general aspects relating to the procedure.

Ms Greene advised that an appeal against non-determination would take place where there had not been a decision made on an application during the statutory period of 2 months following validation of the application.  The request for review had been correctly submitted with all necessary information within the time limit following the end of the statutory period.

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 4 December 2024; (3)  the draft report of handling (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 Teams. 

In terms of the proposal Ms Greene indicated that detailed planning permission was sought for a change of use of the two aforementioned commercial garages and the ground lying immediately to their north and reconstruction to form a single triple domestic garage with storage space within the upper floor of the garage building, accessed via external stairs. With the exception of the external stairs, which would be located to the rear (north) of the garage building, providing independent access to its upper floor, the proposed garage development would retain the overall footprint of the existing two garage buildings, with a total length of 11.1 metres and width of 7.8 metres, whilst introducing a maximum roof height of 6.2 metres compared to the existing 5.6 metres. The proposed single garage would therefore have a footprint of 86.5 square metres, with accommodation providing some 72 square metres of internal floor space at ground level and incorporating an internal ceiling height of 2.8 metres. The upper floor of the garage would provide an additional floor space of some 40 square metres for storage purposes and incorporate an internal ceiling height of 2.4 metres. The external stairs proposed to the rear (north) of the garage building would provide independent access to this upper floor.

The proposal sought to retain the existing brickwork and granite walls to form the rear and side walls of the reconstructed garage, with a new wet dash render finish. The proposal would incorporate a new frontage to the garage, incorporating two gable ends to the lane with a central roof section sloping back to meet with the ridge level of the gables, thus forming a centrally positioned flat roof. The front (south) elevation of the garage would incorporate three garage door openings and be finished in reclaimed granite stone. On the rear roof slope of the garage a flat roofed dormer clad in timber linings would be formed to accommodate a door opening serving the external stairs. The sloping sections of roof would be slated and incorporate a total of five rooflights.

In terms of the site description, it was noted that the application site lay on the north side of Albyn Lane, at a distance of some 130m east of its junction with St Swithin Street and within the Albyn Place and Rubislaw Conservation Area. The site comprised two commercial garage buildings and an area of ground extending to some 20 square metres lying directly to the north of the garages. One of the garage buildings lay within the historic, but not current feu of No 36 Albyn, a Category C listed, semi-detached property which was now in residential use and the second within the historic, but again not current feu of No 35, the adjoining commercial property, also Category C listed.

The two adjoining garage buildings form part of the historic southern boundaries of the aforementioned feus, with access from the garages directly onto Albyn Lane. The southern boundaries included separate accesses off the lane serving two commercial car parks which lie to the north of the garage buildings. Beyond the car parking and to the rear of the dwellinghouse at number 36 Albyn Place lay an area of enclosed garden ground which formed the residential curtilage associated with that property, and to its east was an area of garden ground associated with the commercial property at No 35. The rear feu walls to number’s 35 and 36 Albyn Place, which were of traditional granite rubble construction, extend along and delineate the outer boundaries of the aforementioned feus. A traditional granite rubble wall with brick coping also serves to separate the two feus and was seen to continue between the two garage buildings, beyond their northern (rear) elevations to form part of their internal walls.

The westernmost garage building which lay to the south of number 36 Albyn Place had a blue grey faced granite frontage and metal lintel framing the metal garage door entrance with red brick walls rendered in grey wet dash to the side and rear, grey rendered concrete blockwork forming the gable ends (north and south) and a corrugated metal roof.

Ms Greene indicated that the appointed officer’s reasons for refusal outlined in the draft report of handling was as follows:-

The site lay within the West End Area (Policy VC6), as zoned in the Aberdeen Local Development Plan 2023 (ALDP). Policy VC6 (West End Office Area) states that applications for all development must take into account existing uses and avoid undue conflict with the adjacent land uses and amenity. The proposal sought a change of use and reconstruction of two existing commercial garages for domestic use, resulting in a building which would incorporate a triple garage and storage at 1st floor level. The proposed triple garage building would be located outwith and remote from any existing residential curtilage, with commercial car parking separating the application site and the residential property at No 36 Albyn Place which the garage is proposed to serve. The principle of the proposed development does therefore raise a degree of conflict with the expectations of Policy VC6 of the ALDP, given the intended domestic use of the garage and its siting which would be independent of any residential curtilage.

This siting of the development also raises conflict with the Aberdeen Planning Guidance on Householder Development with specific guidance on outbuildings/ancillary buildings stating that these are ‘detached buildings within a dwelling’s curtilage that are used in association with the enjoyment of the residential use of the property’. Whilst the proposal seeks consent for a triple domestic garage and storage facilities associated with the residential use of the property at No 36 Albyn Place, the resulting building would be remote from and function independently of that dwelling’s curtilage, and its intended use would have no formal connection with the residential use of the property.

The proposed development was unacceptable in terms of its scale/form and its impact, including on the historic environment, with the application site forming the original curtilage of the listed buildings of No’s 35 and 36 Albyn Place and lying within the Albyn Place and Rubislaw Conservation Area. The development as proposed would require removal of a boundary wall which forms part of the formal listing and with the resulting triple garage straddling the rear curtilages of No’s 35 and 36 Albyn Place, the loss of established and historic feu boundaries which are a key characteristic of the conservation area, as outlined within the Council’s Albyn Place and Rubislaw Conservation Area Character Appraisal. Such loss would cause harm to the character of the conservation area, thereby directly conflicting with the expectations of Policy 7 (Historic Assts and Places) of NPF4, Policies D6 (Historic Environment) and D7 (Our Granite Heritage) of the ALDP, with Historic Environment Policy for Scotland (HEPS) and Historic Environment Scotland’s Managing Change in the Historic Environment Guidance (MCHE) on Boundaries and Demolition.

Taking account of the scale and form of the proposed triple garage, it is not apparent that the reconstruction of the existing buildings would in fact be achievable, given their current status and different material construction, and with one of the garages having been the subject over two years ago now of a Dangerous Building Notice which resulted in its partial demolition. With this in mind and whilst acknowledging that the proposed development in its current format would support the re[1]use of the vacant garage buildings, thereby addressing the expectations of Policy 9 (Brownfield, Vacant and Derelict Land and Empty Building) of National Planning Framework 4 (NPF4), compliance with Policy 9 would however fail in the event of the proposed development involving demolition work and substantial rebuild.

The scale and form of the proposed development would appear particularly dominant within the streetscape in the context of its intended use as a domestic garage, and notably a resulting floorspace over the two floors which would be equivalent to that of a sizeable dwellinghouse. The proposed design would introduce additional height and massing to the ancillary building, including the incorporation of an external stairs with box dormer to the upper floor which would allow for access independent of the garage accommodation, with these aspects being in clear conflict with the requirements of the Council’s Aberdeen Planning Guidance on Householder Development Guide.

Taking the above into account the proposal would not suitably address the expectations of Policies 14 (Design, Quality and Place) and 7 (Historic Assts and Places) of NPF4, or Policies D1 (Quality Placemaking), D6 (Historic Environment) and D7 (Our Granite Heritage) of the ALDP, along with the associated Aberdeen Planning Guidance on Development Along Lanes and Householder Development Guide, and would also fail to address the expectations of Historic Environment Policy for Scotland (HEPS) and Historic Environment Scotland’s Managing Change in the Historic Environment Guidance (MCHE) on Boundaries and Demolition.

Whilst the proposed development does not raise road safety concerns, the additional vehicle parking which it would deliver would further breach the maximum parking standards of 3 off-street parking spaces relative to the 4 bedroom dwelling at 36 Albyn Place. The proposal would result in a total of 9 parking spaces for this single domestic property. It would therefore not only fail to address the requirements of Policy T2 (Parking) of the ALDP and the associated Aberdeen Planning Guidance on Transport and Accessibility, but would also be contrary to the expectations of Policy 13 (Sustainable Transport) of NPF4 and Policy T2 (Sustainable Transport) of the ALDP in that it would not encourage the use of sustainable modes of transport.

In terms of the current proposal, where the demolition work identified relative to the existing garage buildings would appear to be relatively limited, then the resulting re-use of embodied energy would deliver a more sustainable option than that of constructing a new garage, including on a brownfield site. However, regardless of the scale of demolition work required, the proposal, by its very nature would encourage more car use and therefore would conflict with the expectations of Policies 1 (Tackling the Climate and Nature Crises) and 2 (Climate Mitigation and Adaptation) of NPF4. Whilst offering limited opportunity for biodiversity gain and therefore resulting in some tension with Policy 3 of NPF4, this in itself does not raise any significant concern with the proposal.

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

• There were no objections received from neighbouring properties;
• They wished to bring back a historic building back into use;
• There was a wide variety of modern and traditional buildings in lanes nearby, both commercial and residential;
• They would include an EV charging point;
• The roof would be slate, with reclaimed granite and wet dash;
• The majority of the feu would be retained and only a small unseen length would be removed.

In terms of consultation responses, Ms Greene advised that the Roads Development Management had no objection and no other responses were received.

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 take place before determination. 

The Chairperson and Councillors Blake, Copland, Clark, and Thomson 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.

Ms Greene responded to various questions from Members. 

Members each advised in turn and by majority of four votes to one, agreed to approve the planning application conditionally.  The Chairperson and Councillors Blake, Copland and van Sweeden voted to approve the application and Councillor Macdonald opted to refuse the 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 domestic use of the proposed garage in relation to the residential use of 36 Albyn Place would comply with Policy VC6: West End Area in the Aberdeen Local Development Plan 2023 (LDP). The scale, form, design and use of materials would result in a structure that would be acceptable in terms of its visual impact, would be in keeping with the appearance of the various buildings along the lane, would preserve the character of the Albyn Place and Rubislaw Conservation Area and would not detract from the setting or character of nearby listed buildings. This would accord with Policy 14: Design, Quality and Place and Policy 7: Historic Assets and Places in National Planning Framework 4 (NPF4) and policies D1: Quality Placemaking and D6: Historic Environment in the Aberdeen Local Development Plan 2023 (LDP).

The proposal would involve the reuse and reconstruction of the existing garages by the incorporation of the walls and materials, and would reuse and revitalise a brownfield site in accordance with Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings in NPF4 and D7: Granite Heritage in the LDP and contributing to sustainability.

The proposed garage would provide secure parking for vehicles and electric vehicle charging provision, which would contribute to the transition to net zero in accordance with policies 1: Climate and Nature Crises and 2: Climate Mitigation and Adaptation in 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 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.