Agenda item

The Local Review Body then considered the second request for a review.  The Chairperson advised that the LRB would again be addressed by Mr Robert Forbes and reminded members that Mr Forbes 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.  Mr Forbes would not be asked to express any view on the proposed application.

Mr Forbes indicated that the application which was the subject of the review was for the alteration and change of use from an office to 4 no. flats at 1 Claremont Street, Aberdeen.  Mr Forbes explained that he had checked the submitted Notice of Review and found it to be valid and submitted within the relevant timeframes. 

Mr Forbes explained that the application site comprised a two storey office block and area of car parking set back from Claremont Street. It dates from around the 1980s and has a vehicular access from Claremont Street. The building itself had windows and a door in its principal elevation (and three skylights to the rear). A two storey block of flats with mansard roof was located to the front, adjacent to the vehicular access. The surrounding area was formed largely of residential uses, reflected by its residential designation within the Aberdeen Local Development Plan 2012 (ALDP).

The report advised that detailed planning permission was sought for the alteration and change of use of the office block to four residential flats. Two flats would be located on each floor, with the principal elevation of the building altered to accommodate a revised arrangement of windows and front door resulting in all flats being single aspect, apart from the upper floors where new skylights would be provided to the rear of the building.  Externally, the front of the building would contain 5 parking spaces, with a landscaped area and storage space for bins and cycle parking.

It was noted that although the report referred to 5 parking spaces, the actual figure was in fact 4.

In relation to documents which the Members of the Body should consider, Mr Forbes outlined that all the following documents were accessible via web links, and available as set out in the papers:-

In relation to the Aberdeen Local Development Plan:-

H1 – Residential Areas

Within existing residential areas (designated H1), proposals for new residential development and householder development will be approved in principle if it:

1. does not constitute over development;
2. does not have an unacceptable impact on the character or amenity of the surrounding area;
3. does not result in the loss of valuable and valued areas of open space. Open space is defined in the Aberdeen Open Space Audit 2010;
4. complies with Supplementary Guidance on Curtilage Splits; and
5. complies with Supplementary Guidance on House Extensions.

D1 – Architecture and Placemaking

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, proportions, coupled with the physical characteristics of the surrounding area, will be considered in assessing that contribution.

D2 – Residential Amenity

In order to ensure the provision of appropriate levels of amenity the following principles will be applied:

1. Privacy shall be designed into higher density housing.
2. Residential development shall have a public face to a street and a private face to an enclosed garden or court.
3. All residents shall have access to sitting-out areas. This can be provided by balconies, private gardens, terraces, communal gardens or other means acceptable to the Council.
4. When it is necessary to accommodate car parking within a private court, the parking must not dominate the space: as a guideline no more than 50% of any court should be taken up by parking spaces and access roads. Underground or decked parking will be expected in high density schemes.
5. Individual flats or houses within a development shall be designed to make the most of opportunities offered by the site for views and sunlight. Repeated standard units laid out with no regard for location or orientation is not acceptable.
6. Development proposals shall include measures to design out crime and design in safety.
7. External lighting shall take into account residential amenity and minimise light spillage into adjoining areas and the sky.

In relation to Supplementary Guidance the report advised:-

The Council’s Supplementary Guidance on the Subdivision and Redevelopment of Residential Curtilages is a material consideration in this instance. Although it is targeted at residential development on sites currently in residential use, some elements of the guidance are applicable to other types of development. This includes sections on amenity, daylight and sunlight.

In relation to the Proposed Aberdeen Local Development Plan:-

H1 – Residential Areas

Within existing residential areas (designated H1), proposals for new residential development and householder development will be approved in principle if it:

1. does not constitute over development;
2. does not have an unacceptable impact on the character or amenity of the surrounding area;
3. does not result in the loss of valuable and valued areas of open space. Open space is defined in the Aberdeen Open Space Audit 2010; and
4. complies with Supplementary Guidance.

D1 – Quality Placemaking by Design

All development must ensure high standards of design and have a strong and distinctive sense of place which is a result of context appraisal, detailed planning, quality architecture, craftsmanship and materials.

In relation to the Proposed Aberdeen Local Development Plan Supplementary Guidance:-

The Council’s Supplementary Guidance on the Subdivision and Redevelopment of Residential Curtilages is a material consideration in this instance. Although it is targeted at residential development on sites currently in residential use, some elements of the guidance are applicable to other types of development. This includes sections on amenity, daylight and sunlight.

In relation to consultations, Mr Forbes advised that no objections had been received from Environmental Health or the Roads Development Management Service.

In relation to representations, Mr Forbes explained that four letters of objection had been received.

Mr Forbes advised that the stated reasons for the application being refused were as follows:-

The change of use of the office building to four residential flats would result in backland residential development. The largely single aspect outlook of the units with a resultant lack of solar gain and relatively poor level of daylight, coupled with the lack of external amenity space would result in an oppressive and poor living environment, contrary to the requirements of policies H1 – Residential Areas, D2 – Design and Amenity and the Council’s Supplementary Guidance on the Sub-division and Redevelopment of Residential Curtilages.

In relation to the Proposed Aberdeen Local Development Plan 2015, and for similar reasons, the proposals fail to accord with the requirements of policies H1 – Residential Areas and D1 – Quality Placemaking by Design.

The Local Review Body then asked a number of questions of Mr Forbes and referred Members to large scale plans of the proposed development.  

It was acknowledged that the site was not located in the city centre or city centre masterplan area.

The Chairperson confirmed that Members had taken into consideration all of the documents which were before them today in respect of this review.

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

The Local Review Body therefore unanimously agreed to uphold the decision of the appointed officer and refuse 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 on which the Local Review Body based this decision were as follows:-

            The change of use of the office building to four residential flats would result in backland residential development. The largely single aspect outlook of the units with a resultant lack of solar gain and relatively poor level of daylight, coupled with the lack of external amenity space would result in an oppressive and poor living environment, contrary to the requirements of policies H1 – Residential Areas, D2 – Design and Amenity and the Council’s Supplementary Guidance on the Sub-division and Redevelopment of Residential Curtilages.

In relation to the Proposed Aberdeen Local Development Plan 2015, and for similar reasons, the proposals fail to accord with the requirements of policies H1 – Residential Areas and D1 – Quality Placemaking by Design.