Agenda item

Planning Reference - 241427

All documents associated with this application can be found at the following link and enter the refence number above:-

Link to view planning applications.

Planning Officer: Dineke Brasier

With reference to article 8 of the minute of the Planning Development Management Committee of 25 September 2025, whereby it was agreed to hold a site visit before determination, the Committee had before it a report by the Chief Officer – Strategic Place Planning, which recommended:-

That the application for Listed Building Consent for the alterations to the former office building to form 7no residential flats and two dwellinghouses including alterations to windows, formation of Juliet balconies, roof terraces and roof extension; installation of roof lights, alterations to door and window openings; erection of garages with ancillary space, formation of car parking and erection of single dwelling house with associated landscaping, infrastructure works and internal alterations at 27 Rubislaw Den North Aberdeen, be approved subject to the following conditions:-

Conditions

(01)      MATERIALS

That no development shall take place unless a scheme/samples detailing all external finishing materials to the roof and walls of the development hereby approved has been submitted to, and approved in writing by, the planning authority, and thereafter the development shall be carried out in accordance with the details so agreed. For the avoidance of doubt, a sample panel with all external finishing materials showing their proportionate relationship shall be erected on site.

Reason – To preserve the character and appearance of the Category B-listed building at 27 Rubislaw Den North.

(02)      HARD LANDSCAPING MATERIALS

Notwithstanding any information provided in the hereby approved drawings, no development shall take place unless a scheme detailing all hard surfacing materials of the development hereby approved has been submitted to, and approved in writing by, the planning authority. The development shall subsequently be carried out in accordance with the agreed details.

Reason – To preserve the setting of the Category B-listed building.

(03)      GATES

Notwithstanding any information contained in the drawings submitted as part of this application, the development hereby approved shall not be occupied unless further details of the gates to be implemented across the vehicular and pedestrian access into the site from Rubislaw Den North have been submitted. The development shall subsequently be carried out in accordance with the agreed details.

Reason – To preserve the setting and character of the Category B-listed building.

(04)      LIGHTING

Notwithstanding any information provided in the hereby approved drawings, prior to occupation of any residential unit hereby approved, a scheme of external  lighting for that unit shall be submitted to, and approved in writing by, the planning authority. The development shall subsequently be carried out in accordance with the agreed details.

Reason – To preserve the fabric of the Category B-listed building.

(05)      NOISE AND FIRE SEPARATION

Notwithstanding any information provided in the hereby approved drawings, prior to commencement of development, a detailed scheme setting out noise and fire separation measures shall be submitted and approved in writing by, the planning authority. For the avoidance of doubt, details shall include detailed drawings, including 1:10 cross-sections and, if a suspended ceiling is proposed, drawings must illustrate its relationship with any existing historic and architectural features and demonstrate how key features such as cornicing will be reinstated. The development shall subsequently be carried out in accordance with the agreed details.

Reason – To preserve the fabric and character of the Category B-listed building.

(06)      VENTILATION AND FLUES

Notwithstanding any information provided in the hereby approved drawings, prior to commencement of development, a detailed scheme showing location and type of vents and flues to be installed shall be submitted and approved in writing by the planning authority. For the avoidance of doubt, information to be provided shall include brochure details of slate vents, elevation vents/grilles and flues. The development shall subsequently be carried out in accordance with the agreed details.

Reason – To preserve the fabric and character of the Category B-listed building

(07)      WALL RESTORATION METHODOLOGY

That following demolition of the existing modern extension to the north of the original house no further development shall take place unless a detailed methodology for restoration of the north elevation wall following removal of the extension has been submitted to and approved by the planning authority. The development shall subsequently be carried out in accordance with the agreed details.

Reason – To preserve the fabric and character of the Category B-listed building.

(08)      GARDEN HOUSE DETAILS

That no development on the Garden House shall take place unless details of foundations and a methodology for the construction for the Garden House have been submitted to, and approved in writing by, the planning authority. The development of the Garden House shall subsequently be carried out in accordance with the agreed details.

Reason – in the interest of the integrity of the listed terraces and to avoid any unacceptable impact on the Rubislaw Den Local Nature Conservation Site.

Following the site visit, Members returned to deliberate the application and heard from Dineke Brasier, Senior Planner, who spoke in furtherance of the application and answered various questions from Members.

The Committee then heard from Michael Lorimer (on behalf of Mr and Mrs Barrack), Roger Laird (on behalf of Mr Sydney Fraser) and George Sismey-Durrant (on behalf of Mr Martin Ross).  They all spoke against the application and asked that the proposed application be refused. 

The Convener moved, seconded by Councillor Alphonse:-

That the application be approved conditionally with an extra condition added to read:-

That no development shall take place unless details of the route, foundation and materials details and a methodology for the construction of the path and steps from the communal garden ground in the southern part of the site down to the Den of Rubislaw, as shown on plan ref Raeburn Farquhar Bowen 2294-RFB-ZZ-ZZ-DR-L-D04 (or equivalent as has been agreed in writing by the Planning Authority) have been submitted to, and approved in writing by the Planning Authority. The development shall not be carried out other than in full accordance with the details thereby approved.

Reason – In the interest of the integrity of the listed terraces.

The Vice Convener moved as an amendment, seconded by Councillor Boulton:-

That the Committee refuse the application as the proposal would be contrary to Policy 7 of National Planning Framework 4 (NPF4) and  Policy D6 of the Aberdeen Local Development Plan (ALDP) by virtue of the adverse impact of the proposal on the historic environment  particularly by virtue of the materials design, scale of the garden house  and its anomalous position in relation to the Den of Rubislaw – resulting in an unacceptable impact on the setting of the listed building and character of the conservation area.

On a division, there voted – for the motion (6) – the Convener and Councillors Alphonse, Copland, Farquhar, Lawrence and Macdonald – for the amendment (3) – the Vice Convener and Councillors Boulton and Clark.

The Committee resolved:-

to adopt the motion, therefore approve the application conditionally with an extra condition.

-       COUNCILLOR CIARAN MCRAE, Convener