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 240651.

The LRB then considered the second request for a review to evaluate the decision taken by an appointed officer under the Council’s Scheme of Delegation to refuse the application for a change of use of flat to Short Term Let accommodation (sui generis) with maximum occupancy of 4 people, at Attic Floor Flat, 320 Great Western Road Aberdeen, planning reference 240651.

The Chairperson stated that although the Planning Adviser for the LRB 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 delegated report and decision notice by the Appointed Officer, Aberdeen City Council; (2) an application dated 27 May 2024 (3) links to the plans showing the proposal and planning policies referred to in the delegated report; (4) and the Notice of Review submitted by the agent. 

Ms Greene then described the site and outlined the appellant’s proposal.   The site to which this application related was an attic floor flat within a traditional granite tenement in a residential area to the west of Aberdeen City Centre. The site and surroundings were within the Great Western Road Conservation Area. The building in which the flat was located housed two flats in the upper storeys of the building and a ground floor shop facing on to the corner of Great Western Road and Forest Avenue and a second shop facing only onto Forest Avenue. The flats were accessed from the front entrance through a front enclosed garden area into a communal hallway and staircase. The shops had separate front entrances, independent of the flats above. The flat had a floor area of 93m2. The flat is laid out with a living room, kitchen, bathroom and two bedrooms off a central entrance foyer from the attic landing. There were no other flats accessed from the attic landing. Currently the other flat within the building was in residential use. No vehicular parking was provided or proposed to be provided with this application site. The flat did have access to outside communal space in the form of a rear garden.

In terms of the proposal, it was noted that Detailed Planning Permission was sought for the change of use of flat to Short Term Let (STL) accommodation (sui generis) with maximum occupancy of 4 people.  It was noted that the applicant advised that the maximum occupancy for the STL was four persons at any one time, with a minimum stay duration of two nights. There would be no maximum period of stay. The property would be operated as an STL on a permanent basis. Waste from the property would be collected from the on-street communal residential waste bins. There was no off street parking provided currently nor is proposed as part of this application.

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

The retrospective change of use of the property from a residential flat to short term let accommodation would have a significant adverse impact on the amenity of the occupants of the neighbouring residential flat which shared the same entrance. This was because the occupants of the neighbouring flat would have to share the communal entrance, vestibule and stairway solely with frequently changing transient guests and cleaners of the short term let accommodation unit, who would be unknown to them. Taking into account the open nature of the vestibule and close proximity of the private entrances of each property to each other, this would result in a significant adverse impact on the privacy and sense of security, whether actual or perceived, on the occupants of the neighbouring flat, as well as result in likely general noise disturbance compared to if the application property was in mainstream residential use.

The proposal would therefore adversely affect the residential amenity of the surrounding area, contrary to the aims of Policy 14 (Design, Quality and Place) of National Planning Framework 4 (NPF4), and Policies H1 (Residential Areas), D1 (Quality Placemaking) and D2 (Amenity) of the Aberdeen Local Development Plan 2023. It is recognised in general terms that the location of this short term let accommodation unit would likely have local economic benefits in that it would provide tourist accommodation which is accessible from the city centre, the amenities and businesses of Great Western Road and it was in a location that was accessible to public transportation. However, the specific circumstances of this site and the proposal were such that it would result in an unacceptable impact on the local amenity of the area to a degree that would significantly outweigh any local economic benefit that would arise from the use of the property as a short term let accommodation unit. The proposal was therefore also contrary to the aims of Policy 30 (Tourism) of NPF4.

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

·       A copy of the welcome note was provided with house guidelines;

·       The current occupier of the flat below had no complaints about the use of the flat as a STL for over two years and they did not object to the proposed application;

·       They had positive reviews on Airbnb and the listing was targeted at families and couples;

·       The flat was professionally managed by family who had been involved in hospitality for many years;

·       They felt it was difficult to see how impact on amenity would outweigh the local economic benefits;

·       They stated that the Chief Planners letter made it clear that the Local Development Plan would outweigh NPF4 as adopted later, where there was incompatibility and they considered that Policy 30 with local amenity requirements conflicted with policy VC2 in the Local Development Plan;

In terms of Consultations, none were received. 

Ms Greene advised that the applicant had expressed the view that no further procedure was required before determination.

The Chairperson and Councillors Blake, Copland, Macdonald and van Sweeden 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 then answered various questions from Members. 

Members each advised in turn and by majority agreed to overturn the appointed officers decision and grant planning permission conditionally.   The Chairperson and Councillors Blake, Copland and Macdonald all indicated to approve the application conditionally and Councillor van Sweeden opted to refuse the application in line with the officers decision.   

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 were as follows:-

That the use of the flat as a short term let would be acceptable in terms of its impact on the residential occupants of the flat below and the character of the local area. There was no evidence of adverse impact during the period of two years over which the flat has been used as a short term let. As the flat shared a communal entrance and staircase with one other residential flat and in order to allow for re-assessment of the proposal in the light of future changes in housing demand and need, it was considered prudent to attach a condition restricting the use to a temporary period of two years. The proposal thereby complies with Policy H1 in the Aberdeen Local Development Plan 2023.

It was further considered that the proposed use would benefit the local economy including by visitors using cafes and restaurants in the area and that this would outweigh the loss of residential accommodation. The proposal would thereby comply with Policy 30: Tourism in National Planning Framework 4 (NPF4) and Policy VC2: Tourism and Culture.

CONDITIONS

This permission is granted subject to the following conditions.

(01) TIME LIMIT FOR SHORT TERM LET USE

The use of the property for short term let accommodation as hereby approved, shall expire two years following the date of this notice.

Reason - In order to allow reassessment of the impact on residential amenity, local housing need and demand situation and the local economic benefits derived from the use as short term let accommodation to be reassessed in two years' time, to ensure that the loss of the residential accommodation would remain compliant with Policy 30 of NPF4.