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 Paul Williamson, who would be acting as the Planning Adviser to the Body for the first case under consideration this day.

The Chairperson advised that Mr Paul Williamson 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 Williamson would not be asked to express any view on the proposed application.

The report explained that the application which was the subject of the review was for the erection of a single storey extension to the rear (south) elevation of the property to accommodate a new kitchen, living room and utility at ground floor level.  The proposed extension would measure the fill width of the site and would project 4.8m from the rearmost part of the elevation.  The proposed extension would be flat roofer and would measure 2.6m to the eaves, with an overall height of 3.2m.  The south elevation of the proposed extension would incorporate a large expanse of full height glazing, with a short 1.5m projection of timber decking leading into the back garden.  The proposed extension would be finished in new granite (grey) to the proposed walls; a Sarnafil flat roof membrane, zinc projection facia and anthracite coloured aluminium bi-folding doors.

Mr Williamson advised that he 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, Mr Williamson outlined that the following documents were accessible via web links and available as set out in the papers:-

Development Plan – Aberdeen Local Development Plan (2012)

Policy H1 (Residential Areas)

Mr Williamson explained that the Council’s Supplementary Guidance relating to Householder Developments, makes specific reference to rear and side extensions.  In considering such an application, the factors that are taken into consideration include the restriction of extensions to terraced properties to 3 metres along a mutual boundary.

Mr Williamson explained that the application did not comply with Policy H1 and was not in compliance with 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.

In relation to the consultations, Mr Williamson advised there had been no comments received from statutory consultees and one letter of representation from a neighbour.

Mr Williamson advised that the stated reason for refusal was as follows:-

The proposal failed to comply with Policy H1 (Residential Areas) of the Aberdeen Local Development Plan, in that it would have an unacceptable impact on the

amenity of the adjoining property, and additionally would not comply with Supplementary Guidance contained in the Householder Development Guide in respect of maximum allowable projection for single storey extensions the rear of terraced properties. On the basis of the above, and following on from the evaluation under policy and guidance, it is considered that there are no material planning considerations – including the Proposed Aberdeen Local Development

Plan – that would warrant approval of the application.

Members then asked a number of questions of Mr Williamson.

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.

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:-

The proposal failed to comply with Policy H1 (Residential Areas) of the Aberdeen

Local Development Plan, in that it would have an unacceptable impact on the amenity of the adjoining property, and additionally would not comply with Supplementary Guidance contained in the Householder Development Guide in respect of maximum allowable projection for single storey extensions to the rear of terraced properties. On the basis of the above, and following on from the evaluation under policy and guidance, it is considered that there are no material planning considerations – including the Proposed Aberdeen Local Development Plan – that would warrant approval of the application.