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 250070.

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 from office (class 4 business use) to gym (class 11 assembly and leisure), at Innovation Centre, Exploration Drive Aberdeen, planning reference 250070

 

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 28 January 2025 (3) links to the plans showing the proposal and planning policies referred to in the delegated report; (4) the Notice of Review submitted by the agent and (5) consultee responses. 

 

Ms Greene then described the site and outlined the appellant’s proposal.   The site comprised a largely vacant office pavilion and associated external car parking and amenity space located within landscaped ground within the Aberdeen Energy Park. The 2 storey building comprised 22 office suites, arranged around a central atrium. Unit 7 was occupied by a subsea consultancy. Unit 3 was also let. There was an ancillary reception, breakout space and meeting room. It had a total floor area of 1,248 Square metres with 68 associated car parking spaces. It was accessed from Exploration Drive, to the east. The nearest active bus stops to the site were on Ellon Road (A92), around 700m and 850m walking distance for southbound and northbound services respectively. The land to the west of the site, across Claymore Drive, was currently being redeveloped for residential use. A nursery and Silverburn Gymnastics Centre, around 106m west of the site, were located immediately to the north of that development.

 

In terms of the proposal, Ms Greene advised that a change of use was sought to use the entire building as a gym. No proposed layout, operational plan or details of the intended operator were provided. The existing access arrangements and parking would be retained. No external alterations were proposed and a bin storage area was shown within the car park.

 

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

 

01.  Conflict with Local Plan B2 Business Zones Policy

 

The large scale and nature of the proposed use was such that it would attract customers from a wider area than the surrounding business zone and local area and thus would be contrary to B2 (Business Zones) within the Aberdeen Local Development Plan 2023 (ALDP). No evidence has been provided that the use would primarily be targeted at meeting the needs of businesses and employees within the Business Zone rather than the wider area.

 

02.Impact on Existing Centres

 

The scale and nature of the proposed use was such that it had potential to generate significant footfall. A Town Centre First Assessment had not been submitted to demonstrate that the proposed use could not be located within an existing designated centre and justify the location of the development. It therefore conflicts with the intent of Policy 27 (City, Town, Local and Commercial Centres) within National Planning Framework 4 (NPF4), Policy VC3 (Network of Centres), Policy VC8 (Town, District, Neighbourhood and Commercial Centres) and Policy VC9 (Out of Centre Proposals) within the Aberdeen Local Development Plan 2023 (ALDP).

 

03.Sustainable Travel

 

Given the scale of the proposed use, the remoteness of the site from existing bus stops, and existing designated centres, the generous car parking provision at the site, the limited pedestrian connectivity and the evidence contained with the submitted Traffic Analysis that there would be an increase in vehicle traffic in the afternoon peak, there would be conflict with the desire to minimise vehicle traffic and associated carbon emissions and would therefore be contrary to NPF4 Policy 1 (Tackling the Climate and Nature Crises) and Policy 13 (Sustainable Transport) and ALDP Policy T2 (Sustainable Transport).

 

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

 

·       The gym would provide health facilities to the neighbouring housing properties with 950 houses within 800m zone H;

·       The building had been more than half vacant for more than 4 years and was now 90% empty;

·       There were no general fitness gyms in the Energy Park, with the one to the west being specialist, and the nearest were Council run at Alex Collie and Jesmond Centres;

·       The gym would meet the needs of employees in the Energy Park, Bridge of Don and Denmore Industrial Estate – hundreds within walking distance and no competition;

·       Gyms were recognised as standard service in business parks

·       There were walking routes to the site, good footways and crossing and a bus stop on Ellon Rd. It was also within walking distance of housing, the church and employment and would help complete 20 minute neighbourhood;

·       Most large business parks had gyms which included Altens, Dyce, Kingswells and Westhill.

 

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, Boulton, Clark and Copland 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 unanimously  agreed to overturn the appointed officers decision and grant planning permission 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 were as follows:-

 

The proposal would result in the reuse of a building which was preferable to its demolition, in accordance with Policy 9: Brownfield, vacant and derelict land and empty buildings in National Planning Framework 4 (NPF4). There was on-going significant change within the surrounding area with housing developments at Cloverhill and Silverburn and the church within the former exhibition centre, the proposal would also complement the Gymnastics Centre and nursery nearby, providing opportunity for multi-destination trips. The proposal would support the health and wellbeing of those living and working locally, including employees of businesses within the Energy Park. The gym would also contribute towards local living, providing a facility that would be within a 20 minute walk of the aforementioned housing areas, in line with NPF4 Policy 15, Local living and 20 minute neighbourhoods. Although it was unfortunate that there was not a direct formal pedestrian access and encouragement was given to the owners / operators to explore options for providing this. It was not unusual to locate gyms within business parks and the proposal would provide an attraction to businesses potentially locating there, attracting further investment to the benefit of the economy. Any tension with Policy B2: Business Zones and town centre related policies: VC3: Network of Centres, VC8: Town, District, Neighbourhood and Commercial Centres and VC9: Out of Centre Proposals  in the Aberdeen Local Development Plan 2023 (LDP) are outweighed by the material considerations noted above in respect of the changing nature of the surrounding area and the supportive role that the gym would provide within the business park, contributing to 20 minute neighbourhoods.

 

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) RESTRICTION OF USE WITHIN CLASS 11

 

That notwithstanding the provisions of Part 3 of The Town and Country Planning (Use Classes) (Scotland) Order 1997 the application premises shall not be used other than for a use falling within Class 11 (e), without a further grant of planning permission from the planning authority.

 

Reason - in the interests of amenity of the occupants of nearby premises.

 

(03) CYCLE PARKING

 

That the use shall not take place unless there has been provided, covered cycle parking in accordance with the Transport and Accessibility Aberdeen Planning Guidance ( APG Transport and Accessibility .pdf ) at the following rates:

Staff: 1 space + 1 space per 10 staff

Visitors: 1 space + 1 space per 10 peak time visitors.

 

Reason: In the interests of facilitating cycle travel.

 

ADVISORY

 

The applicant / owner / operator of the proposed gym is encouraged to explore with other landowners the provision of a direct pedestrian route from the northwestern direction between Ellon Road / Cloverhill and the site, in order to facilitate walking to the premises, in particular for residents at Cloverhill.