Agenda item

The Local Review Body then considered the third 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 indicated that the application that was the subject of the review was for retrospective planning permission for the erection of a sun house and decking at 16 Cruickshank Crescent Blackburn.  Mr Miller explained that he had checked the submitted Notice of Review and found it to be valid and submitted within the relevant timeframes. 

Mr Miller explained that the application site was located on the west side of Cruickshank Crescent on a corner plot adjacent to the junction with Marischal Gardens and the site consisted of a 2-storey end terrace dwelling house which has been extended from its south-facing gable.  The property had front and rear gardens, both of which were finished with a hard surface.  The rear garden was a narrow, ‘V’ shaped and enclosed with a timber fence of circa 1500mm high.  It included a timber shed and drying area.  A small area at the front of the house was paved while the remainder of the area to the front and side was formed as a driveway.  The site was sloping and falls to the north.  The east boundary fronting the road was enclosed with a privet hedge of 1600-1700mm high, while the north and west was bound by a wall of circa 1100mm.  The current plot coverage was 7% of the total 368sqm plot.

Mr Miller advised that the stated reasons for the application being refused were as follows:-

(1)          The proposed sun house and raised deck do not comply with Aberdeen Local Development Plan Policy D1 (Architecture and Placemaking) and H1 (Residential Areas), nor with the related Household Development Guide, as the unduly prominent position of the structure relative to the existing house and its conspicuous presence in the wider streetscape was inconsistent with the existing character of the area; 

(2)          The proposal did not demonstrate due regard for that existing context, and would not make a positive contribution to its setting, resulting in an unacceptable impact on the character and visual amenity of the surrounding area; and

(3)          The application did not comply with policy D1 (Quality Placemaking by Design) and H1 (Residential Areas) in the Proposed Aberdeen Local Development Plan.

Mr Miller also explained that no objections had been received from Environmental Health or the Roads department.

The Local Review Body then asked a number of questions of Mr Miller who showed members a power point presentation with photographs of the property, surrounding area and the sun house and decking.  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. 

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 proposed sun house and raised deck did not comply with Aberdeen Local Development Plan Policy D1 (Architecture and Placemaking) and H1 (Residential Areas), nor with the related Household Development Guide, as the unduly prominent position of the structure relative to the existing house and its conspicuous presence in the wider streetscape was inconsistent with the existing character of the area; 

(2)          The proposal did not demonstrate due regard for that existing context, and would not make a positive contribution to its setting, resulting in an unacceptable impact on the character and visual amenity of the surrounding area; and

(3)          The application did not comply with policy D1 (Quality Placemaking by Design) and H1 (Residential Areas) in the Proposed Aberdeen Local Development Plan.

-       RAMSAY MILNE, Chairperson