Agenda item

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

At this juncture, Mr Forbes advised that there was an error in regards to the boundary lines on the map which was before members and also an administrative error had occurred in relation to the notice received by the agent.  The wrong policy was stated and it should be Policy H2 (mixed use) that was contained in the notice and not Policy H2. 

Mr Forbes explained that the application which was the subject of the review was for a change of use from dwelling to house of multiple occupation and associated external alterations at 109 Spital Aberdeen.  Mr Forbes explained that he had checked the submitted Notice of Review and found it be valid and submitted within the relevant timeframes. 

Mr Forbes explained that the site referred to comprised a two storey detached dwellinghouse, located to the rear of 111-113 Spital between the Spital and Froghall View, and within the Old Aberdeen Conservation Area.  The property itself has no street frontage, although it is visible from Froghall View, access is taken via a flight of steps from the Spital.  The proposal seeks planning permission for a material change of use of the property, to allow use as a House in Multiple Occupation (HMO) and this would allow more than 5 unrelated persons to live in the premises together.  The proposal also involved minor alterations to the external appearance of the building by way of blocking up the existing window and door at ground floor level and forming a new door on the eastern elevation.  The proposal would include four bedrooms, two bathrooms and a store at first floor level and two bedrooms, a shower room, store, utility room and kitchen area/living room at ground floor level.

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

National Policy and Guidance

Scottish Planning Series – Planning Circular 2/2012 (Houses in Multiple Occupation: Guidance on Planning Control and Licensing): states that planning authorities should be mindful of the potential impact that concentration of HMO properties may have on the amenity of the area. Essentially, it encourages policies being put in place in order to ensure there are not an over-concentration of HMO properties in particular locations.

Aberdeen Local Development Plan -

Policy T2: Managing the Transport Impact of Development: states that new developments will need to demonstrate that sufficient measures have been taken to minimise the traffic generated.

Policy D1: Architecture and Placemaking: states that, 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.

Policy D5: Built Heritage: proposals affecting Conservation Areas or Listed Buildings will only be permitted if they comply with Scottish Planning Policy.

Policy H2: Mixed Use Areas: states that development, or change of use within Mixed Use Areas must take account the existing uses and character of the surrounding area and avoid undue conflict with adjacent land uses and amenity.

Proposed Local Development Plan

• Policy T2: Managing the Transport Impact of Development;
• Policy D1: Quality Placemaking by Design;
• Policy D4: Historic Environment
• Policy H2: Mixed Use Areas

Supplementary Guidance

Householder Development Guide – Houses in Multiple Occupation: This guidance sets the thresholds at which a house or flat will no longer be considered to be in domestic use and will thus be treated as a HMO, for planning purposes. Having identified where such changes of use take place, it is then necessary to set out the factors which will be considered in assessing any such application. These include, but are not limited to:

1. Any adverse impact upon pedestrian or road traffic safety as a result of increased pressure on car parking;
2. Significantly adverse impact upon residential amenity for any reason. This may include, but not be limited to, adequate provision of refuse storage space, appropriate provision of garden ground/amenity space, and an appropriate level of car parking; and
3. An excessive concentration of HMOs in a given locality, cumulatively resulting in a material change in the character of that area. Such considerations will be assessed in consultation with the Council’s HMO Unit within the Housing & Environment Service, who hold relevant information on the location of existing licensed HMO properties. Where it is not practicable for dedicated car parking to be provided alongside the development, a proposal must not exacerbate existing parking problems in the local area.

Technical Advice Note: Repair and Replacement of Windows and Doors

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.

Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty on planning authorities to preserve and enhance the character or appearance of conservation areas.

In relation to consultations, Mr Forbes advised that objections had been received from Roads Development Management and Old Aberdeen Community Council.  The Roads Development Management Team had objected to the application on the basis that it fails to provide any off-street parking.  Whilst there is no parking standard for HMO’s, forthcoming draft supplementary guidance requires 0.5 spaces per bedroom, meaning there would be a shortfall of 3 parking spaces against this measure.  They noted that whilst there was parking on the Spital, there is an existing high demand for spaces and parking is at a premium.  Cycle parking should also be provided within the curtilage of the property and this has not been provided however it was noted that this matter could be controlled via an appropriate planning condition.

In regards to issues raised by the Old Aberdeen Community Council, various issues they raised included:-

• The concentration of HMO’s in the surrounding area
• Overprovision in the area
• Parking issues

Mr Forbes explained that the stated reason for refusal was as follows:-

The change of use of the residential property to a House of Multiple Occupation (HMO) fails to provide any parking as part of the development in an area where on-street parking is at a premium and would result in the exacerbation of parking problems in the surrounding area, therefore having an adverse effect on the amenity of the established residential area as well as road safety. The proposal change of use would also see an unacceptable material change of use of the surrounding residential area. In addition, the HMO fails to provide sufficient useable amenity space. Accordingly, the change of use to a House of Multiple Occupation fails to accord with Policies H2 (Residential Areas) and T2 (Managing the Transport Impact of Development), as well as the requirements of the Council’s Supplementary Planning Guidance – Householder Development Guide.

The proposal also fails to accord with the general principles of Policies Policy T2 (Managing the Transport Impact of Development) and H2 (Mixed Use Areas) of the proposed local development plan.

The Local Review Body then asked a number of questions of Mr Forbes and the Chairperson confirmed that Members had taken into consideration all of the documents which were before them today in respect of this review.

At this point, the Local Review Body considered whether it 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 agreed unanimously 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 o 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 change of use of the residential property to a House of Multiple Occupation (HMO) failed to provide any parking as part of the development in an area where on-street parking is at a premium and would result in the exacerbation of parking problems in the surrounding area, therefore having an adverse effect on the amenity of the established residential area as well as road safety.

(2)  The proposal change of use would also see an unacceptable material change of use of the surrounding residential area. In addition, the HMO fails to provide sufficient useable amenity space. Accordingly, the change of use to a House of Multiple Occupation fails to accord with Policies H2 (Residential Areas) and T2 (Managing the Transport Impact of Development), as well as the requirements of the Council’s Supplementary Planning Guidance – Householder Development Guide.

(3)  The proposal failed to accord with the general principles of Policies Policy T2 (Managing the Transport Impact of Development) and H2 (Mixed Use Areas) of the proposed local development plan.