Agenda item

The documents associated with this application can be found at:-

http://planning.aberdeencity.gov.uk/PlanningList.asp?SearchType=S&ReferenceNumber=141844&Address=&WardCode=ANY&Decision=3&Submit2=Submit

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 two 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, Mr Mark Masson, as regards the procedure to be followed and also, thereafter, by
Ms Lucy Greene, who would be acting as the Planning Adviser to the Body in the case under consideration this day.

The Chairperson stated that although the Planning Adviser 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 Mr Masson 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.

Ms Greene explained that the application which was the subject of the review was to create a 1.5 side storey extension, comprising double garage with bedroom above, on part of the south-most gable. The proposed extension would have a hipped, pitched roof, sit flush with the rear building line and measure c. 8.7m long x 6.3m wide. There would be one dormer window, with hipped pitched roof, on the east elevation and one box dormer window on the west elevation. Two rooflights, both measuring 1400mm x 780mm, would be located on the south elevation of the extension. It was also proposed to create an infill panel between the existing dormer windows on the west elevation, and remove an existing dormer window on the south elevation and build a new, smaller, dormer window with hipped, pitched roof. The materials for the extension and alterations would match the existing property.

Ms Greene advised that she had checked the submitted Notice of Review and had found it to be valid and submitted within the relevant timeframes.

In relation to documents which the members of the Local Review Body should consider, Ms Greene outlined that all of the following documents were accessible via web links and available as set out in the papers:-

Aberdeen Local Development Plan –

Policy D1 – Architecture and Placemaking- To ensure high standards of design, new development must be designed with due consideration for its context and make a positive contribution to its setting. Factors such as siting, scale, massing, colour, materials, orientation, details, the proportions of building elements, together with the spaces around buildings, including streets, squares, open space, landscaping and boundary treatments, will be considered in assessing that contribution.

Policy H1 – Residential Areas - Within existing residential areas (H1 on the Proposals Map) and within new residential developments, proposals for new residential development and householder development will be approved in principle if it:

1. does not constitute overdevelopment;
2. does not have an unacceptable impact on the character or amenity of the surrounding area; and
3. complies with Supplementary Guidance contained in the Householder Development Guide.

Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 (as amended) 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.

Ms Greene added that the Supplementary Guidance on Householder Development Guide was also a relevant consideration.

In relation to consultations, Ms Greene explained that no comments were received from statutory consultees and there were no letters of objection submitted.

Ms Greene advised that the stated reason for refusal was as follows:-

The proposal does not fully comply with the relevant policies of the Aberdeen Local Development Plan 2012, namely Policies D1 (Architecture and Placemaking) and H1 (Residential Areas) and the associated Supplementary Guidance: Householder Development Guide and Proposed Local Development Plan Policies D1 (Quality Placemaking by Design) and H1 (Residential Areas) in that the proposal would have a significant detrimental impact on the existing visual and residential amenities of the area by virtue of its elevated natue to Woodburn Gardens in addition to its overall size, scale, massing and proximity to the street.

Members then asked a number of questions of Ms Greene.

At this point, the Local Review Body considered whether it had sufficient information before it to determine the review.  Members thereupon agreed that the review under consideration be determined without further procedure.

Following discussion of the application, two of the three Members agreed that the proposal was contrary to Policy D1 and H1 of the Local Development Plan.  The Local Review Body therefore agreed by majority to uphold the decision of the appointed officer and 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(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:-

The proposal does not fully comply with the relevant policies of the Aberdeen Local Development Plan 2012, namely Policies D1 (Architecture and Placemaking) and H1 (Residential Areas) and the associated Supplementary Guidance: Householder Development Guide and Proposed Local Development Plan Policies D1 (Quality Placemaking by Design) and H1 (Residential Areas) in that the proposal would have a significant detrimental impact on the existing visual and residential amenities of the area by virtue of its elevated natue to Woodburn Gardens in addition to its overall size, scale, massing and proximity to the street.