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 250140.

The LRB then considered the second request to review the decision taken by an appointed officer under the Council’s Scheme of Delegation for the refusal of the application for the installation of replacement dormer windows to the front (retrospective) at 18C Golden Square, Aberdeen, AB10 1RH. Planning Reference Number 250140.

The Chairperson advised that Ms Lucy Greene would again be acting as the Planning Adviser to the Body in the following case under consideration this day and reiterated 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.

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 11 February 2025; (3)  the Decision Notice dated 9 April 2025; (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) a letter of representation from Aberdeen Civic Society.

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

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

·       Impact on listed building – would not preserve special character;

·       Impact on character and appearance of conservation area;

·       Modern upvc windows did not match design, form and fenestration pattern of previous traditional windows or majority of windows in Golden Square, ie material, split of sashes and sub-division;

·       Adverse impact on special character and interest of listed building;

·       Adverse impact on character of Conservation Area;

·       Was therefore, contrary to Policy 7; Historic Assets and Places and 14: Design of NPF4, Historic Environment Policy for Scotland (HEPS) and Policy D1: Quality Placemaking, D6: Historic Environment and D8: Windows and Doors of LDP 2023; and

·       Contrary to Aberdeen Planning Guidance: Repair and Replacement of Windows and Doors and Historic Environment Scotland: Managing Change: Windows.

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

·       Previous timber windows were in poor state and needed replacing. Windows were not original – 12 years old;

·       Approved replacement windows under previous application in 2013;

·       UPVC used was due to height and difficult to maintain;

·       At height above ground, difficult to differentiate between uPVC and timber – no negative impact on listed building or Conservation Area; and

·       No uniformity of windows in Golden Square in terms of the split of sashes – photographs were submitted as part of the review documentation.

Ms Greene provided information in relation to the consultee responses and the letter of representation, noting that Aberdeen Civic Society objected to the application in relation to the design of windows; Golden Square was important and significant space in city centre and new windows were not consistent with glazing pattern of former historic windows nor what existed elsewhere.

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 be undertaken.

The Chairperson and Councillors Boulton, Cooke, Lawrence and Macdonald indicated in turn that they each had enough information before them, the Committee 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 questions from members relating to the make and design of other windows in Golden Square and the previous application and survey in 2013.

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

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 installation of modern uPVC framed windows that do not match the design, form and fenestration pattern of either the previous, traditional windows or the majority of other windows on Golden Square, has adversely impacted upon the special character and interest of the listed

building and the character and appearance of the conservation area. The windows therefore fail to comply with the aims and requirements of Policies 7 (Historic Assets and Places) and 14 (Design, Quality and Place) of National Planning Framework 4, Historic Environment Policy for Scotland and Policies D1 (Quality Placemaking), D6 (Historic Environment) and D8 (Windows and Doors) of the Aberdeen Local Development Plan 2023, as well as the guidance set out in the Repair and Replacement of Windows and Doors Aberdeen Planning Guidance and Historic Environment Scotland's Managing Change in the Historic Environment guidance on Windows.