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 Ms Lucy Greene, who would be acting as the Planning Adviser to the Body in the case under consideration this day.

At this juncture, the Local Review Body had a short adjournment.

Thereafter, Mrs Swanson, Assistant Clerk, raised a preliminary matter that it been brought to officers’ attention that additional documents had been submitted directly to today’s three Local Review Body Members in respect of the review. 

She advised Members that in accordance with the Scottish Government’s Planning series Circular 5/2013: Schemes of Delegation and Local Reviews, all matters that the applicant intended to raise in the review should be set out in, or, accompany the notice of review, as should all documents, material and evidence on which the applicant intended to rely.  The applicant on this occasion had not submitted a statement along with the notice of review.

Also, Regulation 9(5) of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013,  made it clear that, apart from information in the notice of review and accompanying documents, the applicant would only be able to raise matters or submit further documents to the extent permitted by the Regulations.  That was either where the Local Review Body request further written evidence or where requested as part of a hearing session.  These requirements were intended to ensure that the relevant matters and items of information were provided efficiently at the start of the review process, rather than at varying points throughout the process and also provided all parties with fair notice of the documents/information lodged.

Should the Local Review Body today determine that it required further written evidence, or a hearing, in order to determine the application, Regulation 15 allowed them to request information from the applicant or any other body or person by sending a written notice. Mrs Swanson emphasised that Members would require to be specific about the nature of the information/representations sought and by whom it should be provided and thereafter adjourn to enable the clerk to contact all parties to advise of the position and request the required information.

At this point, the Chairperson advised that he required a written submission, by way of a statement from the applicant / agent setting out the applicant’s reasons for requiring the review and all matters they considered should be taken into account in determining the review. He emphasised that the applicant’s statement should not however, raise any new material which was not before the appointed person at the time the application was decided (or at the time of expiry of the period of determination) unless they could demonstrate:

·         that the new material could not have been raised before that time; or

·         that it not being raised before that time was a consequence of exceptional circumstances.

Councillors Cameron and Jaffrey concurred with the Chairperson’s view.

The Local Review Body resolved:-

to defer consideration of the application and to request a written submission, by way of a statement from the applicant / agent setting out the applicant’s reasons for requiring the review and all matters they considered should be taken into account in determining the review, and that the Local Review Body reconvene on a date suitable for all members and all interested parties, as per the legislation and guidelines governing meetings of Local Review Bodies.