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 250547. 

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 Detailed Planning Permission for the formation of driveway to the front  at 50 School Drive Aberdeen.

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 24 May 2025; (3)  the Decision Notice dated 31 July 2025; (4) links to the plans showing the proposal and planning policies referred to in the draft delegated report, (5) a consultee comment as well as a letter of support from a neighbour  and (6) the Notice of Review submitted by the applicant. 

Ms Greene then described the site and outlined the appellant’s proposal for detailed planning permission.

Ms Greene advised that the application site comprised the curtilage of a ground-floor flat within a traditional four-in-a-block, two-storey granite tenement building with access to the ground-floor unit provided from the side (western) elevation. The building’s principal (northern) elevation overlooked a grass covered garden with shrubbery and a paved pathway leading to the centre entrance for the first-floor units and wrapping around the side of the building. The front curtilage was bound by a low-level wire fence. A pavement and narrow grass verge separate the front curtilage with School Drive to the north. Two disabled parking bays were marked on the southern side of the road immediately adjacent to the application property. The site was located on a residential street with neighbouring buildings of a matching design. The front curtilages of the neighbouring dwellings have a variety of layouts with some including front driveways, as well as grass and paving covered front gardens.

In terms of the proposal Ms Greene indicated that Detailed Planning Permission was sought for the formation of a driveway in the front curtilage, extending from the front boundary with the pavement inward along the western boundary of the site. In addition to the proposed driveway formation, the existing wire fence along the northern boundary was to be removed and replaced with a c. 90 cm high timber fence. The installation of the new timber fence was not included in the following evaluation as it constituted permitted development under Class 7 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, as amended.

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

The proposed formation of a driveway to the front garden of a tenement flat would further reduce the overall availability and makeup of on-street parking adjacent to the building for other residents and is thus contrary to Aberdeen Planning Guidance: Transport & Accessibility and associated Policy T3 (Parking) of the Aberdeen Local Development Plan 2023 (ALDP). Additionally, given the site-specific context, the proposal would prove a significant detriment to local amenity as the removal of an on-street parking space would further reduce an existing limited availability of parking space for adjacent residents and would thus also be contrary to Policy H1 (Residential Areas) of the ALDP and Aberdeen Planning Guidance: Householder Development Guide.

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

• The refusal was based on loss of disabled parking space;
• The survey data showed it was used almost solely by one car and that car could park in the other disabled bay close by;
• School Drive had 13 disabled bays and 12 would remain, which provided ample provision;
• The survey showed that disabled bays were frequently used by non disabled badge holders;
• The Council’s Roads Development Management did not object to the proposal;
• The proposal met all technical, design and amenity standards; and
• The Community Council and neighbouring properties did not object to the proposal and the driveway would free up an on-street space, which would improve traffic flow on a narrow road.

In terms of Consultation response, Ms Greene advised that Roads Development Management had no objections to the proposal and one letter of support was received from an interested party. 

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 take place before determination.

Ms Greene also indicated that the applicant had submitted new matters within the Notice of Review which were not before the appointed officer when a decision was made.  Members then heard legal advice from Vicki Johnstone, Solicitor, and the members agreed unanimously to accept the new information into the proceedings.

The Chairperson and Councillors Alphonse, Clark, Farquhar and Greig 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 and unanimously agreed to refuse the application.

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 proposed formation of a driveway to the front garden of a tenement flat would further reduce the overall availability and makeup of on-street parking adjacent to the building for other residents and is thus contrary to Aberdeen Planning Guidance: Transport & Accessibility and associated Policy T3 (Parking) of the Aberdeen Local Development Plan 2023 (ALDP). Additionally, given the site-specific context, the proposal would prove a significant detriment to local amenity as the removal of an on-street parking space would further reduce an existing limited availability of parking space for adjacent residents and would thus also be contrary to Policy H1 (Residential Areas) of the ALDP and Aberdeen Planning Guidance: Householder Development Guide.