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 replacement windows to front of the flat at 12D Nellfield Place Aberdeen, 160537.

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 Tom Walsh, Planning Technician; (2) the decision notice dated 22 June 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 provided a description of the application and advised that the appeal related to the proposed replacement of the existing timber windows with uPVC windows.   Ms Greene explained that the property was contained within the Great Western Road conservation area and the application had been approved with a condition attached, which read “that the window(s) hereby approved shall be constructed in full accordance with the detailed cross section(s) submitted and approved shall not exceed 25mm in width at the top and sides of the window opening with the remainder of the frame being concealed behind the masonry window check, unless the planning authority has given prior written approval for a variation – in order to preserve the character of the conservation area.”  The applicant was appealing the condition. 

In regards to planning policies, Ms Greene advised that the Scottish Planning Policy, and policies D5 and H1 were all relevant.  Material considerations included the Scottish Historic Environment Policy, The Repair and Replacement of Windows and doors, “Windows” guidance note from Historic Scotland’s Managing Change in the Historic Environment series and the proposed Aberdeen Local Development plan.

The Grounds of Appeal Statement which accompanied the Notice of Review advised that (a) a surveyor looked at the property and confirmed that the sides, 15mm of each proposed window would be hidden behind the stone jambs, () that at the top of the window, 10mm would be hidden behind the lintel and (c) by their calculations, 53mm of the frame would be visible at the sides and 45mm would be visible at the top.

The delegate report advised that the stated reason for the application being approved conditionally was as follows:-

that the window(s) shall be constructed in full accordance with the detailed cross section(s) submitted and approved with the application and that the visible part of the outer frame of the front windows hereby approved shall not exceed 25 mm in width at the top and sides of the window opening with the remainder of the frame being concealed behind the masonry window check, unless the planning authority has given prior written approval for a variation - in order to preserve the character of the conservation area.  The reason(s) on which the Council has based this decision are as follows:- The proposal is considered to comply with the relevant policies of the Aberdeen Local Development Plan 2012, namely Policies D5 (Built Heritage) and H1 (Residential Areas) in addition to Council's Technical Advice Note: The Repair and Replacement of Windows and Doors; in that the elements of the proposal have been designed to respect the character of the existing building and in addition there would be no significant detrimental impact on the existing visual

amenity or character of the Great Western Road Conservation Area. 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 would warrant refusal of the application. The proposed replacement windows would not have a detrimental impact on the character of the Conservation Area, in accordance with Scottish Planning Policy, Scottish Historic Environment Policy and Policy D5 (Built Heritage) of the ALDP.

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 agreed by majority to upheld the decision of the appointed officer to 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 condition which was attached with the original approval was acceptable for within a Conservation area.

Informative

The applicant is encouraged to contact the planning authority Development Management Team for conservation advice to discuss details of the work, once further investigation has taken place.