Agenda item

At this juncture, Councillor Jean Morrison MBE, replaced Councillor Donnelly as a member of the Local Review Body.

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

Mr Lawrence indicated that the application that was the subject of the review was for the erection of a dwellinghouse at OldTown Farm Peterculter.  Mr Lawrence explained that he had checked the submitted Notice of Review and found it to be valid and submitted within the relevant timeframes.

Mr Lawrence advised that OldTown Farm is an existing farm complex comprising of a substantial two storey granite and slate farmhouse, a pair of semi-detached one and a half storey dwellings, a converted bothy and various large agricultural buildings all set around an informal large area of hardstanding.  The complex is set in a rural location in the Green Belt and accessed via a narrow single lane road.  The Peterculter Golf Club course runs to the east of the farm, although it is separated by fields, with the club house and parking area located to the north east.  The site subject of this application is a grassed area measuring approximately 68.5m by 21.5m and extends to an area of approximately 1472m2.  It is fenced off from other agricultural fields by a post and wire fence and there is currently a very small single storey stone structure with a tiled hipped roof.  Young trees have been planted along the boundary with the area of hardstanding and the access road.

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

PLANNING POLICY

National Policy and Guidance

Scottish Planning Policy:

Paragraphs 49 and 52: Sets out the Scottish Government’s approach towards development in the Green Belt. The purpose of Green Belts is to support the spatial strategy in a local development plan by directing development to the most appropriate locations and supporting regeneration, protecting and enhancing the character, landscape setting and identity of the settlement and protecting and providing access to open space. The following types of development could be considered appropriate:

• Development associated with agriculture (including the reuse of agricultural buildings;
• Development associated with woodland and forestry;
• Development associated with horticulture;
• Recreational uses compatible with an agricultural or natural setting;
• Essential infrastructure;
• Development meeting a  national or established need, if no other suitable site is available;
• Intensification of established uses subject to the development being of a suitable scale and form.

Aberdeen Local Development Plan

NE2 – Green Belt: No development will be permitted in the green belt for purposes other than those essential for agriculture, woodland and forestry, recreational uses compatible with an agricultural or natural setting, mineral extraction or restoration or landscape renewal.

Proposed Aberdeen Local Development Plan

Policy NE2 (Green Belt) substantively reiterates policy NE2 (Green Belt) in the Adopted Local Development Plan as summarised above.

Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 (as amended) require that where, in making any determination under the planning acts, regard is to be had to the provisions of the development plan and that determination shall be made in accordance with the plan, so far as material to the application, unless material considerations indicate otherwise.

In relation to consultations, Mr Lawrence advised that an objection was received from the Culter Community Council on the following grounds:-

• No justified need for an additional dwelling as the owner lives at the farmhouse,  the only exception might be during lambing season, but this only lasts for two months per year
• The proposal would add to the cluster of buildings at OldTown Farm wehich already borders on overdevelopment due to the large number of dwellings and agricultural buildings on the site
• The land identified for the dwelling appears very large to be considered as an exception under policy NE2
• The proposed new house would be very prominent in the landscape.

Mr Lawrence also highlighed the sites previous long and complex planning history.  The main relevant planning applciations were the followsing:-

1. 040126 – construction of a dwelling to replace the existing farmhouse – approved conditionally
2. 031953 – alterations and extensions of old bothy to form a new dwellinghouse – approved conditionally
3. 021663 – change of use of steading to form 2 new dwellings – approved conditionally
4. In addition, during the 1990’s three planning applications for the erection of a dwelling were refused.

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

1. The proposal would undermine the principles of controlling development and preventing the construction of additional housing in the Green Belt, leading to the erosion of the character of such areas. This is contrary to the requirements of policy NE2  (Green Belt) of the Aberdeen Local Development Plan and policy NE2 (Green Belt) of the Proposed Local Development Plan as the applicant has failed to demonstrate that the proposed house is required to provide residential accommodation for an essential agricultural worker who must be housed immediately adjacent to Oldtown Farm.
2. The proposal would set an undesirable precedent for applications of a similar nature which would result in the proliferation of additional housing in the Green Belt, which would result in the erosion of the character and appearance of the Green Belt, and the landscape setting of the city.

Members then asked a number of questions of Mr Lawrence.  Members enquired whether the applicant could resubmit their application at no additional cost, to include relevant information in regards to staff accommodation which was missing from this application.  Members asked if the amount of staff working on the farm could also be confirmed should the application be resubmitted.

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 proposal would undermine the principles of controlling development and preventing the construction of additional housing in the Green Belt, leading to the erosion of the character of such areas. This is contrary to the requirements of policy NE2  (Green Belt) of the Aberdeen Local Development Plan and policy NE2 (Green Belt) of the Proposed Local Development Plan as the applicant has failed to demonstrate that the proposed house is required to provide residential accommodation for an essential agricultural worker who must be housed immediately adjacent to Oldtown Farm.
2. The proposal would set an undesirable precedent for applications of a similar nature which would result in the proliferation of additional housing in the Green Belt, which would result in the erosion of the character and appearance of the Green Belt, and the landscape setting of the city.

-       Councillor Ramsay Milne – Chairperson