Agenda item

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

http://planning.aberdeencity.gov.uk/PlanningList.asp?SearchType=S&ReferenceNumber=151162&Address=&WardCode=ANY&Decision=3&Submit2=Submit

The Local Review Body then considered the second request for a review.  The Chairperson advised that the LRB would now be addressed by Mr Andrew Miller and reminded members that Mr Miller 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.  Mr Miller would not be asked to express any view on the proposed application.

Mr Miller explained that the application which was the subject of the review was for replacement windows, mullion and fascia board on the rear wall dormers with double glazed PVC sliding sash and case windows with planted on astragals. The dimensions of the proposed window and mullion replacements are unclear from the drawings provided. The proposed astragals would be 6mm thick and 17mm wide, planted to the external glazing with a spacer bar in-between. The plans also indicate that the windows would be fitted with trickle vents to the head of the windows.

Mr Miller explained that he had checked the submitted Notice of Review and found it to be valid and submitted within the relevant timeframes.

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

National Policy and Guidance

• Scottish Planning Policy

Conservation Areas are areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance. Current SHEP policy provides further detail.

Aberdeen Local Development Plan 2012

• Policy D5 – Built Heritage

Proposals affecting Conservation Areas or Listed Buildings will only be permitted if they comply with Scottish Planning Policy.

·                     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 over development;

2. Does not have an unacceptable impact on the character or amenity of the surrounding area; and

3. Complies with the Supplementary Guidance relating to the Householder Development Guide.

Other Relevant Material Considerations

• Scottish Historic Environment Policy (SHEP)

Conservation areas are defined as areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance.

·                     TAN: The Repair and Replacement of Windows and Doors

The replacement of windows and doors in Conservation Areas which are not identical to the originals require planning permission. For buildings which are located within Conservation Areas (but are not Listed Buildings), the Council’s preference is for original windows and doors to be repaired and restored wherever possible.

TAN states Sash and case “lookalike” windows, which closely match the detailing and appearance of a traditional sash and case window, but may employ a different opening mechanism, may be acceptable in Conservation Areas. “Lookalike” windows will normally be formed in timber and will have upper and lower sashes of the same size as those in the window they are to replace. White uPVC vertical sliding windows may be acceptable as 'lookalike' replacements for windows in Conservation Areas provided that proposals with through / embedded astragals comply with original dimensions. No planted astragals will be accepted on elevations in Conservation Areas which are visible from public areas. Where uPVC “lookalike” windows are to be used they should fully replicate the significant features of timber sash and case windows.

Where the astragals are merely applied to the surface of, or are sandwiched between, the panes of double glazing will always be refused. Where astragals are required, they must be kept slender to match the thickness of the original astragals, particularly in multiple pane sashes.

Ventilators that cut through the glass or visible on the window frames will not be considered acceptable on Listed Buildings or on public elevations in Conservation Areas. Ventilators, where required, should be located unobtrusively in the meeting rail. Where trickle ventilation is required other more discreet means of achieving this should always be considered.

• ‘Windows’ guidance note from Historic Scotland’s ‘Managing Change in the Historic Environment’ series

States as a key principle that, where an original window is beyond repair, replacements must match the original window design as closely as possible.

Proposed Aberdeen Local Development Plan 2015

The following policy substantively reiterates such policy in the adopted local development plan as summarised above:

• Policy D4 – Historic Environment

The Council will protect, preserve and enhance the historic environment in line with Scottish Planning Policy, SHEP, its own Supplementary Guidance and Conservation Area Character Appraisals and Management Plan.

• Policy H1 - Residential Areas

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

1. Does not constitute over development;

2. Does not have an unacceptable impact on the character or amenity of the surrounding area;

3. Does not result in the loss of valuable and valued areas of open space. Open space is defined in the Aberdeen Open Space Audit 2010; and

4. Complies with Supplementary Guidance

In relation to consultations, Mr Miller explained that no adverse comments had been received from statutory consultees and that no letters of objection or support had been received.

Mr Miller advised that the stated reason for refusal of planning permission was as follows:-

1. The proposal is contrary to Scottish Planning Policy, Scottish Historic Environment Policy and Policy D5 of the Aberdeen Local Development Plan 2012 as the replacement windows do not preserve the character of the Footdee Conservation Area. The planted astragals and trickle vents are inappropriate and contrary to the guidance contained in Technical Advice Note – The Repair and Replacement of Windows and Doors and Historic Scotland’s guidance - Managing Change in the Historic Environment.
2. The proposal is contrary to Policy H1 of the Aberdeen Local Development Plan 2012 as the proposal would have an adverse impact on the character of the area.
3. Full consideration of the application is hindered due to the following lack of information a) scaled elevations showing mullion details and b) details of trickle vents
4. Approval of this application would create an undesirable precedent for similar proposals resulting in further erosion of the traditional character of the conservation area.

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

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

Following discussion of the application, Members unanimously agreed that the proposal was contrary to Scottish Planning Policy, Scottish Historic Environment Policy and Policy D5 of the Aberdeen Local Development Plan 2012.  The Local Review Body therefore unanimously agreed 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:-

1. The proposal is contrary to Scottish Planning Policy, Scottish Historic Environment Policy and Policy D5 of the Aberdeen Local Development Plan 2012 as the replacement windows do not preserve the character of the Footdee Conservation Area. The planted astragals and trickle vents are inappropriate and contrary to the guidance contained in Technical Advice Note – The Repair and Replacement of Windows and Doors and Historic Scotland’s guidance - Managing Change in the Historic Environment.
2. The proposal is contrary to Policy H1 of the Aberdeen Local Development Plan 2012 as the proposal would have an adverse impact on the character of the area.
3. Full consideration of the application is hindered due to the following lack of information a) scaled elevations showing mullion details and b) details of trickle vents
4. Approval of this application would create an undesirable precedent for similar proposals resulting in further erosion of the traditional character of the conservation area.

- RAMSAY MILNE, Chairperson