Agenda item

The Local Review Body then considered the second 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 the proposed dormer windows and new sash and case window opening at 27 North Square, Footdee, Aberdeen, 160212.

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 shehad 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 Roy Brown, Planning Technician; (2) the decision notice dated 4 May 2016 2016; (3) plans showing the proposal; (4) links to the planning policies referred to in the delegated report; (5) two letters of support for the application; and (6) the Notice of Review submitted by the applicant’s agent along with an accompanying statement.

The LRB were then addressed by Ms Green who advised that the submitted Notice of Review was found to be valid and submitted within the relevant timeframes.

Ms Greene provided a description of the application and advised that the appeal relates to the proposed erection of a dormer window on the west (rear) elevation, the formation of a new opening to incorporate a white painted timber framed window; and the replacement of two windows on the east (principal) elevation of the dwelling.

Ms Greene explained that the application site is located between North Square to the east and New Pier Road to the west and the site consists of a traditional 11/2 storey, granite, terraced dwelling, typical of the Footdee conservation area.

The Grounds of Appeal Statement which accompanied the Notice of Review advised that (a) the proposed window is of a traditional style and would be finished in slate to match the existing and neighbouring properties, (b) the proposed dormer is on the rear elevation of the house, facing New Pier Road and with industrial premises across New Pier Road and would have no impact on the front elevation of the house or any of the “Squares” which form the essential character of the village, (c) the proposed dormer window cannot be seen looking south from the Esplanade due to the height od the adjacent 4 storey house as well as the restricted width of the New Pier Road and (d) there will be no change to the east elevation which faces into the “Square”.

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

By way of overall design, massing and scale in the context of 27 North Square and the surrounding Footdee conservation area, the proposed dormer would not be acceptable. The proposal would therefore not comply with Scottish Planning Policy; Scottish Historic Environment Policy and the associated Managing Change in the Historic Environment Guidance Notes: Roofs; Policy D1 (Architecture and Placemaking), Policy D5 (Built Heritage), Policy H1 (Residential Areas) and Policy NE7 (Coastal Planning) of the adopted Aberdeen Local Development Plan; the Supplementary Guidance set out by Aberdeen City Council: 'The Householder Development Guide and the Technical Advice Note: 'The Repair and Replacement of Windows and Doors'; and the relevant policies of the proposed Aberdeen Local Development Plan.

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 agreed to overturn the decision of the appointed officer to refuse the application and therefore approve 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:-

That the proposed dormer would be acceptable by way of overall design, massing and scale in the Footdee conservation area, and the proposal would comply with Scottish Planning Policy, Scottish Historic Environment Policy and the associated Managing Change in the Historic Environment Guidance Notes.

That the application be approved with the following condition attached:-

That the dormer shall be finished only in natural slate to match the existing buildings, which is in the interests of preserving the character of the Footdee Conservation Area.