Agenda item

The Local Review Body then considered the third request for a review to evaluate the decision taken by an appointed officer under the Council’s Scheme of Delegation to refuse the request for planning permission for a proposed extension of the garage to the side of the dwelling house at Sea Breeze Cottage, Girdleness Lighthouse, Greyhope Aberdeen.

The Chairperson advised that the LRB would now be addressed by Ms Lucy Greene and stated that although the Planning Adviser was employed by the planning authority he 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.  He emphasised that the officer would not be asked to express any view on the proposed application.

In relation to the application, the Local Review Body had before it (1) a delegated report by Mr Ross McMahon, Trainee Planner; (2) the decision notice dated 13 April 2016; (3) plans showing the proposal; (4) links to the 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.

Ms Greene advised that the submitted Notice of Review was found to be valid and submitted within the relevant timeframes.

Ms Greene explained that the planning application sought permission for a proposed extension of the garage to the side of the dwelling house.  The application site is located to the south of the category A listed Girdle Ness Lighthouse and sits in an elevated position to the north-west of Greyhope Road, to the west of a sharp bend in the road.  The site comprises a converted and extended store now in residential use, a detached single garage and associated garden ground and parking.  All structures within the site are of a traditional design and construction, surrounded by ancillary buildings directly associated with Girdle Ness Lighthouse.  Ms Greene advised that the site lies within an area identified as Green Belt in the adopted Aberdeen Local Development Plan 2012.

In regards to consultees, no letters of representations had been receive and no comments received from statutory consultees.

The Grounds of Appeal Statement which accompanied the Notice of Review advised that (a) care has been taken to replicate the existing garage in terms of material, (b) the proposal as it stands was rotated through 90 degrees to limit the elevation facing Greyhope Road and to lessen its impact, (c) black PVC windows have been selected to match the existing property and (d) from Greyhope Road approaching the site from the south, the proposal will have a negligible impact on the much larger lighthouse and from the north it will not be visible at all.

The delegated report advised that the stated reason for refusal of planning permission was as follows:-

Whilst the proposal garage extension complies with Policy NE2 (Green Belt) of the Aberdeen Local Development Plan 2012, it fails to comply with the remaining relevant policies of said plan, namely Policies D1 (Architecture and Placemaking) and D5 (Built Heritage), in that the proposed garage extension would constitute visual overdevelopment of the site, would have a detrimental impact on the visual character and amenity of the surrounding area and would have a detrimental impact on the setting of an adjacent category A Listed Building. On the basis of the above, and following on from the evaluation under policy and guidance, it is considered that there are no material planning considerations - including the Proposed Aberdeen Local Development Plan - that are of sufficient weight to warrant approval of the application. Full regard has been given to all matters raised in representations, but neither do they outweigh the policy position as detailed above, nor do they justify approval of the application.

The Local Review Body then asked a number of questions of Ms Greene.

The Local Review Body thereupon agreed that the review under consideration should be determined without further procedure.  The members of the Local Review Body therefore agreed that a site visit, a hearing session nor further written representations were required, as members felt they had enough information before them.

Members unanimously overturned the decision of the appointed officer to refuse the application and therefore approved the application conditionally.

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:-

They did not feel that the proposed garage development would be an overdevelopment of the site and also would not  have a detrimental impact on the visual character and amenity of the surrounding area or have a detrimental impact on the setting of an adjacent category A Listed Building.

Condition

That the roof shall be finished only in natural slate to match the existing garage and house. The walls shall not be finished other than in render in accordance with details  to be submitted to and approved in writing by the planning authority – in the interests of visual amenity.