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 250079.

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 against the conditions for the change of use from domestic outbuilding to class 1A (shops, financial professional and other services) (retrospective) at 43 Fairview Parade, Aberdeen, AB22 8ZX, Planning Reference 250079/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 27 January 2025; (3)  the Decision Notice dated 17 July 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 and Environmental Health Teams and 14 letters of representation.

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

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

·       The use of the outbuilding as a hairdressing salon would allow for the continuation of an existing business working from a residential home. Subject to a condition limiting opening hours, in particular during the weekend, the proposal would not have a detrimental impact on the residential amenity of neighbouring properties. The proposal was thus in compliance with Policy 26 (Business and Industry) of NPF4 and Policy H1 (Residential Areas) of Aberdeen Local Development Plan 2023;

·       Sufficient space for parking was available on the site and in the immediate surrounding area, and there were options for bike storage. The proposal is thus compliant with Policy T3 (Parking) of Aberdeen Local Development Plan 2023;

·       The proposal was for a small homeworking business in an existing outbuilding, and sufficient consideration has been given to Policy 1 (Tackling the Climate and Nature Crises) and Policy 2 (Climate Mitigation and Adaptation) of NPF4; and

·       Condition: The use hereby approved should not operate out with the hours of 09:00 to 17:00 Monday, Thursday and Friday; 09:00 - 20:00 Tuesday and Wednesday; and 09:00 - 14:00 Saturday; and should not operate on Sunday. Reason - In order to ensure that the use would not result in undue loss of residential amenity to neighbouring properties.

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

·       sought to amend Condition (01) as follows:- Monday to Friday: 09:00–21:00 Saturday: 09:00–18:00 Sunday: Closed Although these hours provide flexibility, in practice, the salon would only operate late on two evenings per week, dependent on family and client commitments;

·       the requested amendment would not set a precedent for other businesses in the area. A hair salon was a uniquely low-impact use, with limited traffic and negligible noise. Approval of extended hours in this instance could not be extrapolated to higher-impact commercial uses;

·       there was no evidence of harm to residential amenity. Environmental Health confirm there has been no detrimental impact;

·       the proposal was supported by planning policy which encourages home-working where no material impacts arise;

·       the salon provided local economic and social benefits, allowing a small business to thrive in a sustainable, low-impact way;

·       the amendment would allow the applicant to meet client demand while balancing family responsibilities, supporting the wider principles of flexible working; and

·       the benefits clearly outweighed any perceived or unsubstantiated concerns.

In terms of consultation, Ms Greene advised that the Council’s Environmental Health Team had no objection. The existing use of the premises was a home salon and did not appear to have a detrimental impact on local amenity, nevertheless, to protect the amenity of existing neighbours from noise, the following conditions/controls were recommended:-

·       the premises shall be used only as hair salon and shall not be used for any other purpose without an express grant of planning permission from the Planning Authority; and

·       the premises shall only be operational between 08:00 and 21:00 hours

She also advised that the Council’s Roads Team had no objection and there was no response from the Community Council. She explained that there were 14 letters of representation which supported the proposal.

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 Cooke, Macdonald and Thomson 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 initial conditions, specifically how they were proposed and the proposed changes to the conditions.

Members each advised in turn and unanimously agreed to reverse the appointed officer’s decision and therefore approve changes to the conditions.

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 use of the outbuilding as a hairdressing salon during increased hours on a Saturday afternoon would allow for the continuation of an existing business working from a residential property. The condition would be amended to allow the business to be open to clients from 09:00 until 17:00 on Saturdays whilst opening hours during the remainder of the week would remain as previously approved. This would not have a detrimental impact on the residential amenity of neighbouring properties. The proposal is thus in compliance with Policy 26 (Business and Industry) of NPF4 and Policy H1 (Residential Areas) of Aberdeen Local Development Plan 2023.

CONDITIONS

This permission is granted subject to the following condition:-

(01)    RESTRICTION OF HOURS

The use hereby approved shall not operate out with the hours of 09:00 to 17:00 Monday, Thursday and Friday; 09:00 – 20:00 Tuesday and Wednesday; and 09:00 to 17:00 Saturday; and shall not operate on Sunday. Access outside these times shall be permitted for purposes ancillary to the use, including cleaning, restocking, preparation and private domestic use.

Reason – In order to ensure that the use would not result in undue loss of residential amenity to neighbouring properties.