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 241012.

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 erection of detached dwellinghouse at South View, Granitehill Terrace, Aberdeen AB22 8AQ, Planning Reference 241012/DPP.

 

The Chairperson gave a brief outline of the business to be undertaken, advising that the LRB would be addressed by the Assistant Clerk, Mr Mark Masson 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 Mr Masson, 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 29 August 2024; (3)  the Decision Notice dated 22 May 2025; (4) links to the plans showing the proposal and planning policies referred to in the delegated report; (5) the Notice of Review submitted by the applicant/agent; and (6) consultee responses from the Roads, Waste Recycling and Environmental Health Teams.

 

Ms Greene then described the site, outlined the appellant’s proposal for detailed planning permission and provided information on planning history.

 

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

·       Within Green Belt and unsustainable location1- Climate and Nature Crisis, 8 Green Belt, 9- Brownfield Vacant and Derelict Land and 13 – Sustainable Transport;

·       Large scale and massing, building would be overbearing and incongruous, with design, scale and massing not reflecting character of green belt, Development would harm landscape character of area and would prejudice the retention of previously approved landscaping and amenity land, to detriment of landscape setting of site;

·       Loss of approved landscaping would be loss to biodiversity with no environmental enhancements proposed to offset. Contrary to NE1 – GB, D1 – Design, D4 – Landscape, 1, 3 – Biodiversity, 8 – GB, 20 – Blue and Green Infrastructure; and

·       Not sustainable in transport terms – contrary to T2, T3, 13 and 14 - Design

 

 

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

·       Proposed house would provide supported living accommodation for family member;

·       Proposal was a well-considered design that completed a cluster of housing with high quality streetscape;

·       Reuse of brownfield site;

·       Would deliver a self-build house;

·       Discussion of zoning under previous plans; and

·       Scale was modest, with height 7m, smaller than existing houses.

 

In terms of procedure by which the review would be conducted, Ms Greene advised that the applicant had expressed the view that the case may proceed without the need of a site visit or further hearings,  however it was for members to consider whether any further procedures were required.

 

The Chairperson and Councillors Boulton, Cooke, Lawrence and Macdonald 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 questions from members relating to the site, the previous application, issues regarding the footpath and sustainable transport implications.

 

Members each advised in turn and the Chairperson and Councillors Boulton, Cooke and Lawrence were minded to reverse the appointed officer’s decision and approve the application. Councillor Macdonald was minded to uphold the appointed officer’s decision to refuse the application. By a majority of 4 to 1, the Committee agreed to reverse the appointed officer’s earlier decision, therefore planning permission was approved 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 –

The site lies within the green belt within a group of existing houses both to the north and on the opposite side of the road, to the south. The proposed house would have a street frontage, and with an existing building adjacent, would provide a degree of balance to the appearance of the site and would echo the appearance of a vernacular agricultural building with its gable fronting the road. Landscaping would be provided to the west and along the street frontage which would provide a suitable setting in terms of views from the wider green belt. In this particular location where the proposed house would be sited centrally within a group of existing houses, the proposal is considered acceptable as a suitable departure from Policy NE1: Green Belt and Policy 8: Green Belt. With the attachment of suitable conditions, the proposal would comply with Policy D4: Landscape and D1: Quality Placemaking. The site is located within a relatively rural area and would not be easily accessible on foot or by other sustainable means. It is noted that the applicant intends to investigate acquiring land for the provision of a footway, however this does not form part of the application and the development is not of a scale that would reasonably justify delivery of such infrastructure.

 

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) LANDSCAPING TO WEST

 

That the dwellinghouse hereby approved shall not be occupied unless there has been planted on the area to the west of the application site, the landscaping proposal shown on ‘Landscaping Plan’ Version 3 approved under application 231313/DPP or such other plan as may be subsequently approved.

 

Any planting which, within a period of 5 years from the completion of the development, in the opinion of the Planning Authority is dying, being severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted.

 

Reason – in the interests of visual amenity and the character of the green belt.

 

(03) LANDSCAPGING (ON SITE)

 

That no works in connection with the development hereby approved shall take place unless a scheme of hard and soft landscaping works for the site has been submitted to and approved in writing by the Planning Authority.

 

Details of the scheme shall include:  

(i)       Existing landscape features and vegetation to be retained.

(ii)      The location of new trees, shrubs, hedges and grassed areas. 

(iii)      A schedule of planting to comprise species, plant sizes and proposed numbers and density.

(iv)     The location, design and materials of all hard landscaping works including walls, fences and gates.

 

All soft and hard landscaping proposals shall be carried out in accordance with the approved scheme and shall be completed during the planting season immediately following the commencement of the development or such other date as may be agreed in writing with the Planning Authority.

 

Any planting which, within a period of 5 years from the completion of the development, in the opinion of the Planning Authority is dying, being severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted.

 

Reason: In the interests of visual amenity and biodiversity

 

(04) VEHICULAR ACCESS

 

That the dwellinghouse hereby approved shall not be occupied unless the access road, driveway  and refuse bin storage area have been laid out and surfaced in accordance with the approved plan 107 or other plan as subsequently agreed in writing with the planning authority.

 

Reason: In the interests of road safety.