Agenda item

The Local Review Body of Aberdeen City Council met on this day to review the decision taken by an appointed officer under the Council’s Scheme of Delegation to refuse the request for planning permissions for the proposed conversion and extension of existing bothy to create one dwelling at Borrowstone Bothy, Borrowstone Farm (160109).

 

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, Mr Mark Masson as regards the procedure to be followed and also, thereafter, by Mr Gavin Evans, who would be acting as the Planning Adviser to the Body in the case under consideration this day.

 

The Chairperson stated that although the Planning Adviser was employed by the planning authority hehad 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.  He emphasised that the officer would not be asked to express any view on the proposed application.

 

The Local Review Body was then addressed by Mr Masson, the Assistant Clerk as regards the procedure to be followed, at which time reference was made to the procedure note circulated with the papers calling the meeting and to certain more general aspects relating to the procedure.

 

In relation to the application, the Local Review Body had before it (1) a delegated report by Ms Dineke Brasier, Planning Officer, dated 1 March 2016; (2) the decision notice dated 3 March 2016; (3) plans showing the proposal; (4) planning policies referred to in the delegated report; and (5) the Notice of Review submitted by the applicant’s agent along with an accompanying statement.

 

Mr Evans advised that the building in question was a small granite bothy, which forms part of the existing Borrowstone Farm. The site was located to the west of the City, mid-way between Kingswells and Westhill, approximately 100m m from the City Boundary. There is a small lean-to style extension adjoining the eastern gable of the building. Borrowstone Farm is accessed via a short private road, which connects to a minor road running North/South, giving access to the A944 Aberdeen/Westhill Road (to the south) and the B979 (north) which connects to the A96 beyond.

 

He indicated that detailed planning permission was sought for the conversion and extension of the existing bothy in order to provide a single dwelling house for residential use.  The existing bothy has a footprint of roughly 45sqm, and the proposal involved the addition of an extension that would increase its floor space by a further 90sqm.

 

Mr Evans referred to the delegated report which advised that external alterations to the existing Bothy would include: the creation of three small windows in the rear elevation and the replacement of an existing door with a window, whilst retaining the door frame. The existing side extension would form part of a low level link, leading to a large, if single storey extension with additional accommodation in the roof space. The extension would have a modern design with white render, a zinc roof and a feature fully glazed rear gable elevation. The site would contain two parking spaces to the side, a courtyard area to the rear of the original bothy and a large rear garden, which follows the existing line of the adjacent field boundaries.

 

The reasons stated for earlier refusal was as follows:-

“Even though the principle of the conversion of the bothy to a residential dwelling would be considered acceptable, the proposed extension to enable this conversion, due to its scale, massing and design would be significantly larger and not subservient to the scale and massing of the original bothy. The proposal would therefore fail to comply with policies NE2 (Green Belt) and D1 (Architecture and Placemaking) of the Aberdeen Local Development Plan, policies NE2 (Green Belt) and D1 (Quality Placemaking by Design) of the Proposed Local Development Plan and the Conversion of Steadings and Other Non-Residential Vernacular Buildings in the Countryside as it would not respect its setting and context and is considered to have an adverse impact on the character and appearance of the green belt in this location.”

 

There were no objections from Roads, Environmental Health, Flooding or the Community Council.

 

In terms of National Scottish Planning Policy, the delegated report advised that Paragraph 52 sets out the types of development that might be appropriate in the Green Belt. These include development associated with agriculture, including the reuse of historic agricultural buildings. Paragraph 214 sets out that the presence or potential presence of a legally protected species is an important consideration in decisions on planning applications.

 

In terms of the Aberdeen Local Development Plan, the following was noted:-

 D1 – To ensure high standards of design, new development must be designed with due consideration for its context and make a positive contribution to its setting.  Factors such as siting, scale, massing, colour, materials, orientation, details, the proportions of building elements, together with the spaces around buildings, including streets, squares, open space, landscaping and boundary treatments, will be considered in assessing that contribution.

 

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.

 

Mr Evans advised that the following exceptions would apply:-

 

(A)       Buildings in the green belt which have a historic or architectural interest or traditional character that contributes to the landscape setting of the city will be permitted to undergo a change of use to private residential use or to a use which makes a worthwhile contribution to the amenity of the green belt, providing it has been demonstrated that the building is no longer suitable for the purpose for which it was originally designed. (See Supplementary Guidance on The Conversion of Steadings and other Non-residential Vernacular Buildings in the Countryside).

 

(B)       Proposals for extensions of existing buildings as part of a conversion or rehabilitation scheme will be permitted in the green belt provided: a) the original building remains visually dominant; b) the design of the extension is sympathetic to the original building in terms of massing, detailing and materials; and c) the siting of the extension relates well to the setting of the original building.

 

NE8 - Natural Heritage

Development that, taking into account any proposed mitigation measures, has an adverse effect on a protected species or an area designated because of its natural heritage value will only be permitted where it satisfies the relevant criteria in Scottish Planning Policy.

 

The delegated report outlined Supplementary Guidance – Householder Development Guide as follows:-

The Conversion of Steadings and Other Non-Residential Vernacular Buildings in the Countryside - Modest extensions will be permitted to allow small steadings to satisfy present day expectations of standards of accommodation. Small extensions may also be permitted to allow more efficient use of existing space in a steading. Large extensions will not be permitted to enable a steading that could comfortably accommodate one or more dwellings, to accommodate a higher number of units.

 

Conditions may be imposed on any permission granted to ensure that the traditional character of the building is not prejudiced by the exercising of permitted development rights. Extensions should be subservient in scale and massing to the original steading, and should not be so large as to give rise to confusion as to which parts of the building are original and which are recent.

 

For most situations where the enlargement of a steading is considered acceptable, the following criteria should be observed:

• The aggregate footprint area of extensions should be less than the original building footprint
• The width and length of any extension should be no greater than those of the original building
• The ridge of any extension should be lower, and certainly no higher, than the ridge of original part of the building, and the roof pitch should not be significantly shallower.

 

Where it is necessary to choose between extending into a loft space or building an extension, the option of the extension may be preferable where this helps to avoid the construction of dormers, insertion of an excessive number of rooflights, or formation of additional openings in original masonry walls. Care should be taken to not harmfully affect the solid-to-void relationship of the original steading walls.

 

Mr Evans indicated that alterations and extensions using scrupulously accurate traditional detailing and materials are normally acceptable. However, designs which attempt to replicate the local vernacular, but employ modern building techniques and materials, should be avoided. Often, well executed crisply detailed contemporary interventions formed in good quality materials, which respect the character and scale of the original building, complement the original building to a greater degree than pastiche construction. A minimal number of significant but carefully considered interventions may have a less detrimental effect on the character of the original steading, than a series of smaller but ill-considered alterations or additions.

 

Mr Evans advised that roof finishes on extensions should generally match existing finishes. Where the extension’s walls are masonry it is usually acceptable for them to be harled, but granite matching coursing and masonry finish of the original building is also acceptable. Base courses, stringcourses and decorative opening surrounds do not normally feature in steadings and should normally be avoided in extensions. Over-elaborate details such as stone quoins on corners, in conjunction with a roughcast finish, should also be avoided. The use of timber linings on a timber frame is a traditional form of construction that when carefully designed can sit comfortably against granite rubble masonry found on many common forms of steading.

 

Supplementary Guidance Bats and Development Supplementary Guidance

Sets out the circumstances where a bat survey will be required, when they can be undertaken, and what they should contain.

 

With regard to the Proposed Aberdeen Local Development Plan Mr Evans advised that in relation to this particular application, the case officer highlighted that there has been no fundamental shift in policy as relates to this particular proposal, with policies relating to green belt, design, transport and natural heritage largely reiterating existing requirements of the current LDP. On that basis, it was considered that the same conflicts with those policies would apply under the provisions of the Proposed Plan.

 

Mr Evans indicated that this size of house is justified by research which indicates rural houses, and particularly those constructed in the early 20th century, are typically larger than those in urban area. However this is not a new-build house in a rural area, nor a traditionally constructed dwelling from an earlier period. It is a traditional outbuilding which is to be converted to form a new dwelling, and any conversion must be considered in terms of the applicable policies of the development plan and associated supplementary guidance. In this case, that involves assessing the design and scale of the extension in relation to the original building. It should not be assumed that a particular footprint can be achieved in all conversion schemes, as the extent to which the building being converted can be extended will vary depending on its size and the particular circumstances of the case.

At this juncture, the Chairperson asked if members were happy to proceed with determining the application.  Members felt that they had sufficient information in order to reach a decision and did not require a site visit.

 

Following discussion of the application, two of the three Members agreed that the proposal was not contrary to Policies NE2 (Green Belt) and D1 (Architecture and Placemaking) of the Aberdeen Local Development Plan, Policies NE2 (Green Belt) and D1 (Quality Placemaking by Design of the proposed Local Development Plan and the Conversion of Steadings and other Non-Residential Vernacular Buildings in the Countryside.  The Local Review Body therefore agreed by majority to dismissthe decision of the appointed officer and grant the application with the following conditions attached:-

(1)       Materials / finishes

No development in connection with the permission hereby approved shall take place unless details of all the materials to be used in the external finishes for the proposed development have been submitted to and approved in writing by the planning authority. The development shall be carried out in full accordance with the approved details.

 

Reason: In the interests of the appearance of the development and safeguarding the visual amenity of the area.

 

(2)       Drainage

No development in connection with the permission hereby approved shall take place unless the full details of the proposed means of disposal of foul and surface water from the development have been submitted to and approved in writing by the planning authority. Unless otherwise agreed in writing by the planning authority, surface water shall be disposed of via the use of a sustainable urban drainage system and the development shall not be occupied unless the agreed drainage system has been provided in its entirety and maintained thereafter at all times in accordance with the approved scheme.

 

Reason: to ensure the provision of an adequate drainage system in the interests of the amenity of the area.

 

(3)       Car Parking

The development hereby approved shall not be occupied unless the proposed car parking areas have been constructed, drained, laid-out and demarcated, all in accordance with drawing no. PL-05 of the plans hereby approved or other such drawing as may be subsequently submitted and approved in writing by the planning authority. Such areas shall not thereafter be used for any purpose other than parking of motor vehicles ancillary to the development use being granted approval.

 

Reason: to ensure sufficient off-street car parking is made available, in accordance with the Council’s Transport and Accessibility Supplementary Guidance.

 

(4)       Boundary Enclosures

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.

 

(5)       Removal of Permitted Development Rights

That notwithstanding the provisions of Article 3 and Schedule 1, Parts 1, 2 and 3 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended) no extensions, alterations or improvements which materially affect the external appearance of the dwellinghouse, nor any means of enclosure shall be erected or carried out either on, or in the curtilage, of the dwelling houses hereby approved without a further grant of planning permission from the planning authority - in the interests of visual amenity.

 

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.