Agenda item

Members, please note that this review has not yet been determined and this is an appeal on grounds of non-determination.  A decision has to be made by members of the Local Review Body.

The Local Review Body (LRB) of Aberdeen City Council met on this day to determine one application on the grounds of non determination and to review the decision taken by an appointed officer under the Council’s Scheme of Delegation for three applications.  The application under consideration due to non determination is for the demolition of the existing single storey conservatory to the rear and to replace with single storey extension, new dormer windows to front and back of elevation, at 5 Donmouth Road Aberdeen, 151967.

Councillor Milne as Chairperson gave a brief outline of the business to be undertaken.  He indicated that the LRB would be addressed by the Assistant Clerk, Mrs Lynsey McBain as regards the procedure to be followed and also, thereafter, by Mr Gareth Allison 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 Mrs McBain, Assistant Clerk in regards to 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 LRB had before it (1) plans showing the proposal; (2) relevant planning policies; and (3) the Notice of Review submitted by the applicant’s agent along with an accompanying statement.

In respect of the review, Mr Allison advised that he had checked the submitted Notice of Review and had found it to be valid and submitted within the relevant timeframes.  The application was validated on 12 January and should have been determined by 11 March 2016.  Mr Allison explained that the Local Review Body was required to consider whether it had sufficient information before them to determine the review today.

Mr Allison gave a detailed overview of the application and explained that the application property is a 1.5 storey, semi-detached granite dwelling with a fully hipped and slated roof with a single flat roofed dormer to the principle elevation.  He advised that planning permission was sought to replace the dormer window to the front (south) elevation with one of larger dimensions; and to construct a new dormer to the rear (north) elevation.  The proposed extension to the rear elevation is deemed to constitute “permitted” development, due to its dimensions and does not need to be assessed as part of the application.  Mr Allison explained that the front dormer would reflect the height of the neighbouring dormer, with matching distances from existing ridge and wallheads.  The majority of the dormer would be glazed with minimal apron depth below the windows.  The dormer would be built almost directly off the rear of the wallhead with an apron depth of 780mm and the rear elevation is readily visible from Donmouth Terrace.

Mr Allison also referred members to the plans available.  

In regards to consultations, no comments had been received from statutory consultees.

Mr Allison then referred to the statement from the applicant’s agent which accompanied the Notice of Review.  The Notice of Review stated that the application could be approved on the basis that if considered as a traditional property, the rear dormer would meet all requirements of the relevant supplementary guidance, and would reflect neighbouring dormers within the immediate and nearby area, and justification was provided to support the assessment of the rear dormer as a traditional property under the supplementary guidance.

At this point, the Local Review Body considered whether they had sufficient information before them to proceed to determine the review. The Local Review Body thereupon agreed, unanimously, that the review under consideration should be determined without further procedure. 

Members asked questions of Mr Allison regarding the application, namely in regards to the rear dormer, and the dormer at the neighbouring property.

Following discussion, the Local Review Body therefore unanimously agreed to approve 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 in which the Local Review Body based this decision were as follows:-

The proposed development is considered to comply with Policies D1 (Architecture and Placemaking), H1 (Residential Areas), and the Supplementary Guidance ‘Householder Development Guide’ of the Aberdeen Local Development Plan.  Having specific regard for the existing and neighbouring property, and the context of the surrouding area, it is considered to be of appropriate scale, massing, design and proportions, whilst residential amenity would be unaffected.