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 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.

The report explained that the application that was the subject of the review was for detailed planning permission to demolish the existing residential building and replace it with 2 new dwellings, set within the same curtilage.  The replacement dwellings would both be single storey in height and identical in design, with a mirrored layout, conjoined by adjacent single garages.  Access for both would be via driveway from the north, with vehicular access taken from the existing access road to the east.  Proposed finishes would include cream rendered walls, grey pre-cast slip cills; buff coloured basecourse; stained timber linings; Marley Duo Edgemere slates; black uPVC rainwater goods; oak timber effect uPVC window frames and oak timber effect GRP doors.  The proposed ratios would be circa 22% and 23%, and each unit would connect to existing services.

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

Aberdeen Local Development Plan

Opportunity Site – OP43 Maidencraig South East

Policy LR1- Land Release

Policy D1 – Architecture & Placemaking

Policy NE5 – Trees and Woodlands

Aberdeen City Council Supplementary Guidance

Proposed Aberdeen Local Development Plan (2016)

Opportunity Site OP31 – Maidencraig South East

Policy LR1: Land Release Policy

Policy D1: Quality Placemaking by Design &

The Maidencraig Masterplan

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.

Mr Miller explained that the stated reasons for refusal were as follows:-

The principle of development could not be supported under the Opportunity Site OP43 housing allocation; Policy LR1 'Land Release Policy'; or the approved supplementary guidance; 'The Maidencraig Masterplan' of the Aberdeen Local Development Plan 2012; in that it would introduce additional housing in isolation of the approved Masterplan for the area, in a manner which conflicts with the phased delivery mechanism for the wider development and may subsequently jeopardise provision of the allocation. Furthermore the proposal is considered to fail under Policies D1 and NE5 of the Aberdeen Local Development Plan 2012; in that it proposes additional housing on a rural, isolated site within which additional dwellings would not normally be supported; and would result in the loss of a number of trees; thus it has not been designed with due consideration for its context. Additionally the standard of the access road is insufficient to serve the additional dwelling proposed. The proposals are also found to conflict with the housing allocation under Opportunity Site OP31; Policy LR1: 'Land Release Policy'; Policy D1: 'Quality Placemaking by Design' and 'The Maidencraig Masterplan' supplementary guidance of the proposed Aberdeen Local Development Plan 2016, for the same reasons. In this instance there are no material considerations to outweigh the above policy position, and as such the

application was recommended for refusal.

In relation to consultees, Mr Miller advised that comments had been received from the Roads department, a statutory consultee, in regards to initial objection on the basis that further information would be required to allow a full and informed evaluation.  It was noted that the Council’s Roads Engineer had noted potential concerns relating to the existing acess road, which appeared to serve 5 existing units including the application site.

Members then asked a number of questions of Mr Miller.  In regards to questions about road issues, Mr Miller explained that there are only four dwellings that are served by the access road and not five as stated.

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 overturn the decision of the appointed officer and grant 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:-

It was not considered contrary to Policy LR1 'Land Release Policy'; nor the approved supplementary guidance; 'The Maidencraig Masterplan' of the Aberdeen Local Development Plan 2012;  Furthermore the LRB did not consider that the proposal was contrary to Policies D1 and NE5 of the Aberdeen Local Development Plan 2012;   The LRB did not consider that the proposals conflicted with the housing allocation under Opportunity Site OP31; Policy LR1: 'Land Release Policy'; Policy D1: 'Quality Placemaking by Design' and 'The Maidencraig Masterplan' supplementary guidance of the proposed Aberdeen Local Development Plan 2016.

Approval of the application was subject to the following conditions.

(1)  That no development pursuant to the planning permission hereby approved shall be carried out unless there has been submitted to and approved in writing for the purpose by the planning authority a further detailed scheme of landscaping for the site, which scheme shall include indications of all existing trees and landscaped areas on the land, and details of any to be retained, together with measures for their protection in the course of development, and the proposed areas of tree/shrub planting including details of numbers, densities, locations, species, sizes and stage of maturity at planting - in the interests of the amenity of the area.

(2)  That all planting, seeding and turfing comprised in the approved scheme of landscaping shall be carried out in the first planting season following the completion of the development and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a size and species similar to those originally required to be planted, or in accordance with such other scheme as may be submitted to and approved in writing for the purpose by the planning authority - in the interests of the amenity of the area.

(3)  No materials, supplies, plant, machinery, spoil, changes in ground levels or construction activities shall be permitted within the protected areas specified in the aforementioned scheme of tree protection without the consents of the planning authority, and no fire shall be lit in a position where the flames could extend to within 5 metres of foliage, branches or trunks - in order to ensure adequate protection for trees adjacent to the site during the construction of the development.

(4)  Any tree work which appears to be necessary during the implementation of the development shall not be undertaken without the prior written consent of the planning authority - in order to preserve the character and visual amenity of the area.

(5)  That no development shall take place unless a scheme of all drainage works designed to meet the requirements of Sustainable Urban Drainage Systems has been submitted to and approved in writing by the Planning Authority and thereafter no part of the development shall be occupied unless the drainage has been installed in complete accordance with the said scheme - in order to safeguard water qualities in adjacent watercourses and to ensure that the development can be adequately

drained.

(6)  That no development pursuant to this planning permission shall take place, nor shall any part of the development hereby approved be occupied, unless there has been submitted to and approved in writing by the Planning Authority, a detailed scheme of site and plot boundary enclosures for the entire development hereby granted planning permission. None of the buildings hereby granted planning permission shall be occupied unless the said scheme has been implemented in its

entirety - in order to preserve the amenity of the neighbourhood.