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 Gavin Evans and reminded members that Mr Evans 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 Evans would not be asked to express any view on the proposed application.

 

At this juncture, the Chairperson explained that in respect of this review, it was noted that the documents which members had before them which were submitted with the Notice of Review, in comparison to the plans submitted with the initial application, proposed an alteration to the initial planning application which was considered by the original planning officer.  The Chairperson drew members attention to Section 43A(8) of the Town and Country Planning (Scotland) Act 1997 as amended:-

“a party to the proceedings is not to raise any matter which was not before the appointed person at the time the determination reviewed was made unless that party can demonstrate (a) that the matter could not have been raised before that time or (b) that it’s not being raised before that time was a consequence of exceptional circumstances.”

On this basis, the Chairperson advised that the Local Review Body cannot consider the revised plans which have been submitted with the Notice of Review and must determine it on the basis of the original proposal.  The clerk indicated that the agent had been made aware of the situation and she had not received any comments back from the agent.  As a result, the Local Review Body progressed with considering the original application.

 

Mr Evans explained that the application which was the subject of the review was for detailed planning permission for the change of use of the office building and conversion to 13 flats, the installation of replacement of windows, and the recladding of the rear (unlisted) part of the building.  It was noted that the floorplans show three flats on the lower ground with space for bin and cycle storage on the lower ground, three flats on the ground, first and second floor with an additional one flat spread over the first and second floor.  All flats would be two bedrooms and the building would have two accesses, one off Golden Square, with a second entrance off Lindsey Street to the side.  No parking or external amenity space would be provided.  All windows in the building would be replaced, and the rear of the building would be re-clad in ‘Trespa’ cladding.

 

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

 

Scottish Planning Policy

 

SHEP (Scottish Heritage Environment Policy)

 

Aberdeen Local Development Plan

H2 -: Mixed Use Areas: Where new housing is proposed, a satisfactory

residential environment should be created, which should not impinge upon the

viability or operation of existing businesses in the vicinity.

 

H5 – Affordable Housing: Housing developments of five units or more are required to contribute no less than 25% of the total number of units as affordable housing.

 

D1 – Architecture and Placemaking: New development must be designed with

due consideration for its context and make a positive contribution to its setting.

 

D2 – Design and Amenity: In order to ensure the provision of appropriate levels

of amenity the following principles will be applied:

 - Privacy shall be designed into higher density housing;

 - Residential development shall have a public face to a street and a private

face to an enclosed garden or court;

 - All residents shall have access to sitting-out areas;

 - Individual flats shall be designed to make the most of opportunities offered by the site for views and sunlight.

 

D3 – Sustainable and Active Travel: New development will be designed in order to minimise travel by private car,

improve access to services and promote healthy lifestyles by encouraging active

travel.

 

D5 – Built Heritage:

Proposals affecting Conservation Areas or Listed Buildings will only be permitted if they comply with Scottish Planning Policy.

 

I1 – Infrastructure Delivery and Developer Contributions:

Where development either individually or cumulatively will place additional demands on community facilities or infrastructure, the Council will require the developer to meet or contribute to the cost of providing, or improving such infrastructure or facilities.

 

R6 – Waste Management Requirements for New Development:

Housing developments should have sufficient space for the storage of residual, recyclable and compostable wastes. Flatted developments will require communal facilities that allow for the separate storage and collection of these materials.

 

T2 – Managing the Transport Impact of Development:

New developments will need to demonstrate that sufficient measures have been taken to minimise the traffic generated.

 

Proposed Aberdeen Local Development Plan

 

The following policies substantively reiterate policies in the adopted local development plan as summarised above:

H2 – Mixed Use Areas (H2 – Mixed Use Areas)

H5 – Affordable Housing (H5 – Affordable Housing)

D1 – Quality Placemaking by Design (D1 – Architecture and Placemaking and D2

– Design and Amenity)

D4 – Historic Environment (D5 – Built Heritage)

I1 – Infrastructure Delivery and Planning Obligations (I1 – Infrastructure Delivery and Developer Contributions) T2 – Managing the Transport Impact of Development (T2 – Managing the Transport Impact of Development)

T3 – Sustainable and Active Travel (T3 – Sustainable and Active Travel)

R6 – Waste Management Requirements for New Developments (R6 – Waste Management Requirements for New Developments)

 

Supplementary Guidance

 

Harmony of Uses Supplementary Guidance:  Sets out there is a presumption in favour of conversion of underused business accommodation within the city centre provided a good level of residential amenity can be achieved.  Transport and Accessibility Supplementary Guidance: Provides guidance on car and cycle parking standards, and car-free developments.  Repair and Reinstatement of Windows Technical Advice Note: Sets out criteria as to the repair and replacement of windows in listed buildings.

 

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.

 

In relation to consultees, Mr Evans explained that no objections had been received from statutory consultees.   A letter of support was received from the local Community Council.

 

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

The proposed development would not be acceptable as no detailed drawings of all proposed windows have been submitted, and the replacement of all windows has not been justified as it has not been satisfactorily demonstrated that the windows in the side elevation are beyond economic repair. As such, due to this lack of information and justification, it is considered that the impact of the proposal on the historic fabric of the category B listed building cannot be thoroughly assessed. Furthermore, the use of grey Trespa for recladding the rear extension is considered of an insufficient quality and would detract from the character and appearance of the grade B listed building and the Union Street Conservation Area. This is contrary to Scottish Planning Policy, Scottish Historic Environment Policy, policy D5 (Built Heritage) of the Aberdeen Local Development Plan, policy D4 (Historic Environment) of the Proposed Local Development Plan, and the Repair and Replacement of Windows and Doors Technical Advice Note. The proposed residential development would not be acceptable as it would provide an unacceptable level of residential amenity for all units. The outlook and amount of natural light would be severely restricted for units 1 and 6 due to them being below pavement level, whilst bedroom 2 of units 6, 8, 10 and 12 would look out over an internal lightwell, which would unacceptably limit their outlook and natural light. The proposal therefore fails to comply with policy D2 (Design and Amenity) of the Aberdeen Local Development Plan and policy D1 (Quality Placemaking by Design) of the Proposed Local Development Plan.  In addition, the proposal is not acceptable, as it would fail to provide sufficient secure and covered cycle spaces, which is especially important as the development is promoted as a car-free development. The proposal therefore fails to comply with policies T2 (Managing the Transport Impact of Development) of the Aberdeen Local Development, policy T2 (Managing the Transport Impact of Development) of the Proposed Local Development Plan and the Transport and Accessibility Supplementary Guidance.

 

Members then asked a number of questions of Mr Evans.

 

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 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:-

The proposed development is not acceptable as no detailed drawings of all proposed windows have been submitted, and the replacement of all windows

has not been justified as it has not been satisfactorily demonstrated that the windows in the side elevation are beyond economic repair. As such, due to this lack of information and justification, it is considered that the impact of the proposal on the historic fabric of the category B listed building cannot be thoroughly assessed. Furthermore, the use of grey Trespa for recladding the rear extension is considered of an insufficient quality and would detract from the character and appearance of the grade B listed building and the Union Street Conservation Area. This is contrary to Scottish Planning Policy, Scottish Historic Environment Policy, policy D5 (Built Heritage) of the Aberdeen Local Development Plan, policy D4 (Historic Environment) of the Proposed Local Development Plan, and the Repair and Replacement of Windows and Doors Technical Advice Note.  The proposed residential development is not acceptable as it would provide an unacceptable level of residential amenity for all units. The outlook and amount of natural light would be severely restricted for units 1 and 6 due to them being below pavement level, whilst bedroom 2 of units 6, 8, 10 and 12 would look out over an internal lightwell, which would unacceptably limit their outlook and natural light. The proposal therefore fails to comply with policy D2 (Design and Amenity) of the Aberdeen Local Development Plan and policy D1 (Quality Placemaking by Design) of the Proposed Local Development Plan.  In addition, the proposal is not acceptable, as it would fail to provide sufficient secure and covered cycle spaces, which is especially important as the development is promoted as a car-free development. The proposal therefore fails to comply with policies T2 (Managing the Transport Impact of Development) of the Aberdeen Local Development, policy T2 (Managing the Transport Impact of Development) of the Proposed Local Development Plan and the Transport and Accessibility Supplementary Guidance.

-       Councillor Ramsay Milne - Chairperson