Agenda item

The Local Review Body (LRB) 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 erection of a farm worker’s dwelling house at Oldtown Farm, Station Road South, Peterculter.

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 she 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 Ms Dineke Brasier, Planning Officer, dated 26 April, 2016; (2) the decision notice dated 5 May, 2016; (3) links to the 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.

The LRB was then addressed by Ms Greene who provided information on the location of the farm and advised that the application site consisted of part of a field and is grassed, to the south are the farm buildings, the farm house, agricultural buildings, and steading converted into two houses and a house in the former bothy.

In relation to planning history, Ms Greene referred to the officer’s report and advised that there had been a number of applications at the farm.  Most recently, there was a refusal of planning permission for a house in the same location in 2015, which was appealed to the LRB, however the appeal was dismissed.

In relation to the proposal, Ms Greene indicated that the application was for PPiP and only the red line of the site was provided along with a statement and a labour requirement report.  The application was refused for the reasons outlined in full within the decision notice and can be summarised as follows:-

It’s not accepted that requirement for an additional dwelling on site is essential to the running of the farm, given the proximity of Peterculter.  The proposal would therefore be contrary to green belt policy and the second reason relates to the precedent that would be set which could result in a proliferation of additional housing in the green belt.

In terms of consultations, there were no objections.  The Community Council did not object to the application subject to a condition that tied the house to be occupied by an agricultural worker and that the building be finished in stone.

Ms Greene advised that the Community Council submitted a representation to the LRB which stated that it supported the rigorous application of green belt policy.  The applicant’s agent provided a response.

Ms Greene then outlined the relevant policies as follows:-

Scottish Planning Policy – this outlined the purpose of the green belt, for:-

• directing development to the most appropriate locations and supporting regeneration;
• protecting and enhancing the character, landscape setting and identity of the settlement; and
• protecting and providing access to open space.

Scottish Planning Policy directs that Local Development Plans should describe suitable types of development:-

LDP Green Belt policy NE2

This contains a presumption against development, except in certain limited circumstances, these include where development is essential for agriculture.  There are some relevant points to consider and the applicant submitted a supporting statement with the planning application.  This is referred to in the planning officer’s report.

Ms Greene indicated that there was a Labour requirement report to accompany the application, which noted that there are 235 ewes and gimmers and these lamb for a period of six weeks starting at the end of February.

Ms Greene advised that the report explained that at least 1.42 labour units are required to run the farm and indicated that one person could not cope during busy periods.  It was concluded that at least two workers are required for five months of the year, whilst more than one worker is required for eight months of the year.  The report states that one person should live on the farm for animal welfare and security reasons.

Ms Greene intimated that the applicant contends that one house at the farm is not adequate for the day to day running of the farm and that a second house was needed.  Ms Greene advised members that they may wish to also consider the proximity of houses within a settlement and whether the agricultural need is justified in this case.  She explained that is for members to review the officer’s report and the statement of support from the applicant to assess the merits on each side.

Ms Greene advised that a further point to note was that it is not the advised practice to attach occupancy conditions to such applications, due to the difficulty in resisting future applications to have those conditions removed.  Furthermore, other than the indicative drawing in the applicant’s submission, there are no design details under consideration, therefore, it is only the principle of a house on this site that is under consideration.

Members were then given the opportunity to ask the Planning Adviser any questions on the application.  In response to a question, Ms Greene advised that there were non-farm worker residents in other houses within the area.

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, all three Members agreed that the proposal had not satisfactorily demonstrated that the proposed dwelling is essential for the running of Oldtown Farm and undermines the principles of controlling development and preventing the construction of additional housing in the Green Belt, leading to the erosion of the character of such areas.  This is contrary to the requirements of policy NE2 (Green Belt) of the Aberdeen Local Development Plan and policy NE2 (Green Belt) of the Proposed Local Development Plan.  The Local Review Body therefore agreed unanimously to uphold the decision of the appointed officer and refuse the application.

In coming to their decision, the LRB 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 LRB based this decision were as follows:-

1.            The proposal has not satisfactorily demonstrated that the proposed dwelling is essential for the running of Oldtown Farm.  Even though it is demonstrated that for part of the year there is sufficient work to support more than one worker on the farm, it is not demonstrated that it is essential that this second worker resides on the Oldtown Farm complex, especially given the proximity of the nearest residential settlement, Peterculter, to the site.  The proposal would therefore undermine the principles of controlling development and preventing the construction of additional housing in the Green Belt, leading to the erosion of the character of such areas.  This is contrary to the requirements of policy NE2 (Green Belt) of the Aberdeen Local Development Plan and policy NE2 (Green Belt) of the Proposed Local Development Plan.

2.            The proposal would set an undesirable precedent for applications of a similar nature which would result in the proliferation of additional housing in the Green Belt, which would result in the erosion of the character and appearance of the Green Belt, and the landscape setting of the city.

- COUNCILLOR RAMSAY MILNE, Convener