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 Change of Use from Class 1 (Shop) to Class 2 (Financial, Professional and Other Services) at 30-32 Chapel Street, Aberdeen.

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 Mr Ross McMahon, Trainee Planner; (2) the decision notice dated 20 October 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.

Mr Miller advised that the submitted Notice of Review was found to be valid and submitted within the relevant timeframes.

Mr Miller referred to the delegated report wherein a description of the site was provided, along with detail of the proposal, relevant planning policies, previous planning history of the site and reason for refusal; and also the statement and submissions by the applicant’s agent.

Mr Miller outlined the relevant considerations as follows:-

• Aberdeen Local Development Plan 2012 (C1 – seeks to ensure the city centre remains a regional centre and is the preferred location for the vision of the city centre; H2 – Mixed Use Areas – new uses should be compatible with established neighbouring uses); and
• Proposed Aberdeen Local Development Plan 2015 (C1 and NC1 and City Centre Masterplan).

The Local Review Body then asked a number of questions of Mr Miller during which, he clarified the position in relation to the potential uses of the premises.

The Grounds of Appeal Statement which accompanied the Notice of Review advised (a) that the appointed officer had not applied policy correctly nor had he considered all the information submitted with the application; (b) that the appointed officer failed to deal with the application in a way that is consistent with that for another recent application in Chapel Street, Aberdeen; and (c) that the property lies within the city centre, no expressions of interest had been received for continuing Class 1 retail use and the proposal would ensure that the property was occupied and in doing so, will make a contribution to the viability and vitality of the area.

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

The proposal is considered to generally comply with Policy H2 (Mixed Use Areas), however, fails to comply with Policy RT4 (Local Shops) of the adopted Aberdeen Local Development Plan. The units are in occupation and no evidence has been submitted of their marketing to demonstrate a lack of demand for continued retail use of the premises nor has any information been submitted to demonstrate that the proposed use would cater for a local need. No adequate reasons for setting aside the above policies and guidance have been identified and the other material considerations do not justify approval of the proposal. Approval of this application would result in an undesirable precedent for similar proposals that would cause further erosion of retail uses. 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 approval of the application.

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.

The Local Review Body unanimously agreed to reverse the decision of the appointed officer to refuse the application and that the application be approved.

The LRB agreed that the proposed use is considered to comply with Policy C1 (City Centre Development – Regional centre) maintaining the vitality and viability of the unit in the city centre and the wider area and also generally complies with Policy H2 (Mixed Use Areas) on the basis that it is compatible with existing neighbouring uses.

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. 

-       COUNCILLOR RAMSAY MILNE, Convener