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 250083/S42.

The Local Review Body (LRB) of Aberdeen City Council met on this day to consider a review of the decision taken by an appointed officer under the Council’s Scheme of Delegation for the refusal of the application for a Section 42 (Variation to Conditions) - Removal of condition 9 (stair access) of planning permission ref. 231375/DPP to remove the requirement to provide steps to Great Northern Road at 868-870 Great Northern Road Aberdeen, planning reference 250083

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 case 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 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.

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.

In relation to the application, the LRB had before it (1) a delegated report by the Appointed Officer, Aberdeen City Council; (2) an application dated 30 January 2025; (3)  the Decision Notice dated 14 March 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 advised that the application site related to a recently constructed single storey retail showroom located on the north side of Great Northern Road, close to the Haudagain Roundabout junction. The site extended to around 0.34 hectares and was generally square. It sloped down from its Great Northern Road frontage to the Aberdeen to Inverness railway line on its northern boundary, a total fall in height of around 8m. The railway line sat around 6m lower than the northern edge of the application site. Vehicular and pedestrian access was taken from a new access onto a dead-end section of Mugiemoss Road on the eastern side of the site, itself accessed from Great Northern Road. A car park with eighteen spaces had been provided at the front (east) of the building, with a service road provided on the north side to serve a service area with five parking spaces at the rear of the building. A landscaped strip including trees would separate the building and hard standings from Great Northern Road. On the opposite side of Great Northern Road there was a mix of commercial and residential properties. Immediately to the north of the site, beyond the railway line, was a car dealership. To the west were three commercial units, including a pizza takeaway and tanning salon.

In terms of the proposal Ms Greene indicated that the application was submitted under the provisions of section 42 of the Town and Country Planning (Scotland) Act 1997 and sought to remove condition 9 of planning permission ref. 231375/DPP. The condition required steps to be provided between the site and Great Northern Road. The full condition reads –

(09) STAIR ACCESS

The development shall not be brought into use unless the stair access between the proposed car park and Great Northern Road shown on Core Associates/Abbot Architecture drawing AL-030-001 (Rev.B) (or such other drawing approved for the purpose).has been constructed and is available for use.

Reason – to ensure appropriate pedestrian accessibility to the development.’

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

Policy 13 (Sustainable Transport) of National Planning Framework 4 (NPF4) and Policy T2 (Sustainable Transport) of the Aberdeen Local Development Plan (ALDP) sought to encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. More specifically it indicates that development proposals would be supported where they provide direct, easy, segregated and safe links to local facilities via walking, wheeling and cycling networks. There was an emphasis on active and sustainable transport, and the internal layout of developments must prioritise walking, wheeling, cycling and public transport.

The reasons provided for seeking the removal of the condition, such as security concerns, customer arrival by car, and issues for those with restricted mobility, did not outweigh the benefits of providing the steps. Staff may well live locally and choose to walk to work, which also may apply to the occasional customer. The provision of the steps would facilitate walking and avoid pedestrians from having to take a longer route and potentially climbing over the wall and slope as an alternative, along what was an evident desire line. It would also future proof the site in terms of access should another occupier that had a different demographic of customer take occupation.

The condition supports the aims of Policy 13 (Sustainable Transport) of NPF4 and Policy T2 (Sustainable Transport) of the ALDP. There had been no material change in circumstances following the consideration and approval of planning permission 231375/DPP. On the basis that the removal of the requirement to provide the steps would result in a development of lesser quality in terms of accessibility, the application is refused and condition 9 of 231375/DPP was therefore retained.

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

• The site sloped down from Great Northern Rd, with approximately 2.5m between road and the retail unit being built. There was a granite wall of approx. 0.5m (partially demolished);
• Pedestrian and vehicle access would be from an access off a dead end section of Mugiemoss. This would lead to a car park at the front of the building (east side). Landscaped strip separates the building from Great Northern Road;
• Steps would encourage out of hours access and could cause a security problem;
• Data shows customers would drive, staff entrance was to west and path would be along Mugiemoss Rd;
• The path along Mugiemoss was more level and steps would present mobility issue;
• The slope supported Great Northern Road and construction and design of steps would be a risk with stabilisation costs;
• The steps were a late addition to the project and there had been additional costs for surface water drainage.  Costs had risen significantly through the project and cuts needed for project to remain viable.  The steps were superfluous and the removal would reduce an overspend.

In terms of Consultation response, Ms Greene advised that no 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 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 responded to various questions from Members. 

Members each advised in turn unanimously agreed to overturn the original decision and approve the application 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 are as follows –

That pedestrians would be much more likely to approach the site from the east given the location of the pedestrian crossing close to the roundabout with North Anderson Drive and nearby bus stops. Given these particular site-specific factors and the steep nature of the bank it was considered that pedestrians were unlikely to climb over the wall and down the bank to follow a ‘desire line’ from Great Northern Road to the shop entrance. In addition, the provision, subject to details to be agreed by condition, of a safe route within the car park would provide a facility for all those on foot and with pushchairs, wheelchairs, and bicycles, including those unable to use steps. This would comply with Policy T2: Sustainable Transport in the Aberdeen Local Development Plan 2023 (LDP) and Policy 13: Sustainable Transport in the National Planning Framework 4 (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.

(02) PEDESTRIAN ROUTE

That within 3 months of the date of this permission, there shall be submitted to the planning authority details of a direct and demarcated pedestrian/wheeled route and crossing point within the car park, to the shop entrance from the pavement on the side road off which vehicular access is provided to the site, in order to provide a safe pedestrian/ wheeled route to the shop entrance. The works to provide the pedestrian/wheeled route shall be carried out within 3 months of the planning authority agreeing in writing such details and in complete accordance with the scheme as so agreed.

Reason – in the interests of pedestrian and wheeled safety and amenity and to encourage active travel to the site; in order to prioritise walking, wheeling and cycling in accordance with Policy T2: Sustainable Transport in the LDP 2023.