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 the erection of a temporary marquee within the forecourt of bar/restaurant/casino at 333 Union Street, planning reference 160624.

The Chairperson advised that the LRB would now be addressed by Mr Andrew Miller 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 Ms Sepi Hajisoltani, Planner; (2) the decision notice dated 16 July 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.

The LRB was then addressed by Mr Andrew Miller, who advised that the submitted Notice of Review was found to be valid and submitted within the relevant timeframes.  Mr Miller explained that the site comprised a former church at the corner of Bon-Accord Street and Union Street and it is located within the Union Street Conservation area.  The ground floor of the building is used as a bar/restaurant accessed from Union Street and Langstane Place, whilst the upper floor is a casino accessed from Bon Accord Street.  Mr Miller advised that detailed planning permission was sought on a retrospective basis for the erection of the marquee on a temporary basis for three years.

In regards to consultee comments and objections, Mr Miller advised that one letter of objection had been received and it focused on the unacceptable effect on the visual amenity for an important Grade B listed building facing Union Street.

The Grounds of Appeal Statement which accompanied the Notice of Review advised that (a) the 2005 consents for extensions remain valid as they were implemented, (b) the marquee is a temporary structure that is relatively modest and hidden, (c) it can only be seen when in close proximity and (d)it would contribute towards the aim for City Centre regeneration.

The delegate reportadvised that the stated reason for refusal of planning permission was as follows:-

due to its inappropriate quality, design and material the temporary structure detracts from the setting and character of the listed building and visual amenity within the wider conservation area by reason of its prominent position in public view on Union Street. On the basis of the above, and following on from the evaluation under policy and guidance, it is considered that the proposal does not accord with the provisions of the Historic Environment Scotland Policy Statement, Scottish Planning Policy, the Aberdeen Local Development Plan and Supplementary Guidance on Temporary Buildings. There are no material planning considerations, including the Proposed Aberdeen Local Development Plan, that would warrant approval of the application.

The Local Review Body then asked a number of questions of Mr Miller.

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 design and material of the temporary structure detracted from the setting and character of the listed building and visual amenity within the wider conservation area by reason of its prominent position in public view on Union Street, and that the economic benefits of the structure was important.

Condition

That the temporary marquee hereby granted planning permission shall not remain on the site after a period of three years expiring on 30 September 2019 - that the character and siting of the structure is not such as to warrant its retention for a period longer than that specified in this permission.

Informative

The applicant is advised to note that this permission expires 30 September 2019 due to the nature of the proposal, in accordance with our Supplementary Guidance on Temporary Buildings. The marquee is located on a fairly prominent location within the curtilage of a listed building and within the Union Street Conservation Area. A permanent, purpose built, solution should be sought to provide these facilities. The Planning Authority considers a temporary consent allows the opportunity to explore such a solution and would welcome pre-application discussion on this.

-       Councillor Ramsay Milne, Chairperson