Agenda item

The Local Review Body of Aberdeen City Council met this day to review the decision taken by an appointed officer under the Council’s Scheme of Delegation to refuse three requests for planning permission.

Councillor Milne, as Chairperson, gave a brief outline of the business to be undertaken.  He indicated that the Local Review Body would be addressed by the Assistant Clerk, Mrs Lynsey McBain, as regards the procedure to be followed and also, thereafter, by
Mr Andrew Miller, who would be acting as the Planning Adviser to the Body in the first case under consideration this day.

The Chairperson stated that although Mr Miller was employed by the planning authority he 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 as regards the procedure to be followed, at which time reference was made to the procedure note circulated with the papers calling the meeting and to certain more general aspects relating to the procedure.

Mr Miller explained that the application which was the subject of the review was for the alteration, partial demolition and change of use of the former trades club, to form 5 flats which would consist of two 2 bedroom, and three 3 bedroom properties.  Mr Miller explained that he had checked the submitted Notice of Review and found it to be valid and submitted within the relevant timeframes.

Mr Miller advised that all flats would be of maisonette style, with accommodation over two levels (ground and basement).  All of the flats would be single aspect, with two flats in the original part of the building towards the Adelphi, and three towards the lane to the rear.  The first and second fllors of the property are already in use as 6 flatted properties, which are accessed from a doorway on Adelphi Lane.

Mr Miller explained that the two storey flat roofed extension at the rear of the building would be remodelled and drawn back by 1.8 metres, from the 1.2 metre wide lane and this would therefore create a separation of 3 metres from the blank rear gable of the building onto Market Street beyond.  It would also cater for the provision of a tapered strip of defensible space with low landscaped cover, ranging from 1.5 to 1.8 metres in width and no direct access would be available to this space from the flats.

Mr Miller also advised that it was proposed to replace the existing windows to the front elevation with double glazed timber framed sash and case units painted white.  One of the existing doorways to the Adelphi elevation would also be partially blocked, to form a window with solid panel below.  On the side/north elevation, two blocked up windows would be re-opened, with timber framed windows reinstated and in the remodelled extension to the rear, new doubled glazed white upvc windows would be installed.

Mr Miller advised that the application had been refused on the grounds that the proposal would result in the provision of a number of sub-standard properties which would have an insufficient level of residential amenity, by nature of their lack of sunlight/daylight through convoluted and restricted apertures, and the close proximity to surrounding buildings.  As such the proposal would be contrary to Aberdeen Adopted Local Plan Policy D2 – Design and Amenity, and the associated Supplementary Guidance on the ‘Sub-division and Redevelopment of Residential Curtilages.”  Furthermore, the proposal, if approved, would set an undesirable precedent for similar developments which would have a significant adverse impact on the residential amenity experienced in such properties.

Mr Miller noted that eleven letters of representation had been received in respect of the application.  Five which raised objections relating to the following matters:-

·         Additional flats in the centre of town shall put pressure on existing schools and roads;

·         Further improvements could be made to the frontage of the building to modernise it;

·         The rear roof could also be improved by altering its shape and appearance; and

·         Additional traffic utilising the narrow entrance would be a concern.

The remaining six letters of support highlighted the following aspects:-

·         The proposal would contribute to regeneration through bringing a disused building back into use;

·         The proposal would help to deliver much needed homes for the City, and is an appropriate use for the building; and

·         The Aberdeen Civic Society considers the proposal sensitively retains the historical façade of the building.

Mr Miller then drew Members’ attention to the matters raised in the Notice of Review and supporting statement, before highlighting the relevant planning policies which had been taken into consideration in determination of the application:-

Scottish Planning Policy (SPP)

Scottish Historic Environment Policy (SHEP) July 2009

Aberdeen Local Development Plan:-

·         Policy C2 (City Centre Business Zone and Union Street)

·         Policy D1 ( Architecture and Placemaking)

·         Policy D2 (Design and Amenity)

·         Policy D4 (Aberdeen’s Granite Heritage

·         Policy D5 (Built Heritage)

·         Policy I1 (Infrastructure Delivery and Developer Contributions

·         Policy H5 (Affordable Housing)

·         Policy R6 (Waste Management Requirements for New Development)

Supplementary Guidance relating to Sub-division and Redevelopment of Residential Curtilages is of relevance to the development.  Although specifically targeted at residential development on sites currently in residential use, some elements of the guidance are applicable to other types of development and these include sections on amenity, daylight and sunlight.  It was also noted that Union Street Conservation Area Appraisal was also a relevant material consideration.

The stated reason for refusal of planning permission was as follows:-

That the proposal, if approved, would result in the provision of a number of sub-standard properties which would have an insufficient level of residential amenity, by nature of their lack of sunlight/ daylight through convoluted and restricted apertures, and the close proximity to surrounding buildings.  As such, the proposal would be contrary to Aberdeen Adopted Local Plan Policy D2 - Design and Amenity, and the associated Supplementary Guidance on the ‘Sub-division and Redevelopment of Residential Curtilages’.  Furthermore, the proposal, if approved, would set an undesirable precedent for similar developments which would have a significant adverse impact on the residential amenity experienced in such properties.

The Local Review Body then asked a number of qustions of Mr Miller.

The Local Review Body agreed that the decision of the appointed oficer to refuse the application be reversed  and agreed a willingness to approve the application, subject to the following conditions:-

1.    that no development pursuant to this planning permission shall take place nor shall the building be occupied unless there has been submitted to and approved in writing for the purpose by the Planning Authority an assessment of the noise levels likely within the building, unless the planning authority has given prior written approval for a variation.  The assessment shall be prepared by a suitably qualified independent noise consultant and shall recommend any measures necessary to ensure a satisfactory noise attenuation for the building. The property shall not be occupied unless the said measures have been implemented in full - in the interests of residential amenity.

2.    that the development hereby granted planning permission shall not take commence unless provision has been made within the application site for waste and recycling storage in accordance with a scheme which has been submitted to and approved in writing by the planning authority. Thereafter the development shall not be occupied unless said scheme has been implemented - in order to preserve the amenity of the neighbourhood and in the interests of public health.

3.    that no development (excluding demolition work granted as part of this consent) shall take place within the application site until the applicant has secured the implementation of a programme of archaeological work which shall include post-excavation and publication work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the planning authority - in the interests of protecting items of historical importance as may exist within the application site.

4.    That none of the flats hereby granted planning permission shall be occupied unless a scheme detailing cycle storage provision has been submitted to, and approved in writing by the planning authority, and thereafter implemented in full accordance with said scheme - in the interests of encouraging more sustainable modes of travel

5.    that no development shall commence unless a detailed scheme for the replacement windows hereby granted as part of this development has been submitted to and approved by the planning authority - in order to preserve the character of the conservation area.

The issuing of consent is subject to the applicant entering into a legal agreement with the planning authority to secure developer obligations towards the City Car Club, Strategic Transport Fund and affordable housing.

In coming to their decision, the Local Review Body had regards to the provisions of the Development Plan as required by Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 (as amended) which required that where, in making any determination under the planning acts, regard was to be had to the provisions of the development plan and that determination should be made in accordance with the plan, so far as material to the application, unless material considerations indicated otherwise.

More specifically, the reasons on which the Local Review Body based this decision were as follows:-

That the proposal, if approved, would not result in the provision of a number of sub-standard properties which would have an insufficient level of residential amenity, by nature of their lack of sunlight/ daylight through convoluted and restricted apertures, and the close proximity to surrounding buildings.  As such, the proposal would not be contrary to Aberdeen Adopted Local Plan Policy D2 - Design and Amenity, and the associated Supplementary Guidance on the ‘Sub-division and Redevelopment of Residential Curtilages’.  Furthermore, the proposal, would not set an undesirable precedent for similar developments which would have a significant adverse impact on the residential amenity experienced in such properties.