Agenda item

The Local Review Body then considered the second request for a review of 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 an upper storey extension to the flat above the single storey rear extension of the hot food takeaway at 495 Great Northern Road, Aberdeen (P160882).

The Chairperson advised that the LRB would be addressed by Mr Nicholas Lawrence and reminded members that Mr Lawrence 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 Lawrence 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 report of handling by Mr Brown, Planning Officer; (2) the decision notice dated 23 December 2016; (3) plans showing the proposal; (4) links to planning policies referred to in the delegated report; (5) the Notice of Review submitted by the applicant along with an accompanying statement and the initial planning application; and (6) one public representation and a consultation response from Environmental Health.

In respect of the Review, Mr Lawrence advised that he had checked the submitted Notice of Review and had found it to be valid and submitted within the relevant timeframes.  Mr Lawrence explained that the Local Review Body was required to consider whether it had sufficient information before them to determine the review today.

Thereafter, Mr Lawrence referred to the report of handling wherein a description of the site was provided, along with detail of the relevant planning policies, and reasons for refusal.

Mr Lawrence advised that one public representation had been received and explained that it and the consultation response from Environmental Health were contained in the agenda and referred to in the report of handling.

Mr Lawrence then took Members through the plans showing the existing and proposed floor plans and elevations for the development, in particular the proposed window on the west elevation of the proposed extension.

Mr Lawrence then advised, as detailed in the report of handling, that the stated reason for refusal of planning permission was as follows:-

By way of scale, size, materials and massing in the context of 495 Great Northern Road and the surrounding area, the proposed extension would be unacceptable. The proposal would result in the loss of neighbouring privacy. It would therefore fail to accord with Policy D1 – Architecture and Placemaking and Policy H1 – Residential Areas of the adopted Aberdeen Local Development Plan; the Supplementary Guidance: ‘The Householder Development Guide’; and the relevant policies of the proposed Aberdeen Local Development Plan.

The statement from the applicant which accompanied the Notice of Review advised of the rationale for the design approach and advised of the applicant’s response to the reasons for refusal.

Specifically regarding the issue of loss of privacy which formed a second reason for refusal, the statement highlighted that there was no objection raised by the Appointed Officer to the principal window in the extension which faced south over the applicant’s property. The one letter of objection which had been received made representation about the privacy issues arising from this window in the west elevation. The window was a small high-level window, only some 600mm high, which could be conditioned to have frosted glass; this window served to provide daylight only. However the window was positioned so that it was set back close to the roof slope of the existing house, which means that there are no privacy issues in relation to windows in the property at 497 Great Northern Road as acknowledged in the report of handling. Therefore any overlooking would be limited to the rear area and this would be extremely restricted. The cill of the window was 800mm above the floor level of the room so views out of the window would tend to be to distant objected or to the sky. It also highlighted that the existing open rear stair provided views across neighbouring properties which would no longer be the case if the extension was to be built.

In conclusion, the applicant’s statement advised that the applicant felt he had demonstrated that (a) contrary to the reasons given for refusal, the proposed extension had been considered carefully and complies with both the Council’s Development Plan Policy and Supplementary Guidance; and (b) the Appointed Officer had overstated the impact of the west facing window and the application did not give rise to any adverse impact on neighbours.

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

Members asked questions of Mr Lawrence regarding the proposed development, namely: the changes proposed to the ground floor; confirmation that a separate application would be required for a ventilation system; materials to be used in the construction of external surfaces; solutions to the privacy issues raised; and the potential impact on privacy of the proposed window on the western elevation.

Following discussion, Members agreed by a majority that subject to conditions, they were satisfied that the scale, size, materials and massing of the proposed extension in the context of 495 Great Northern Road was acceptable and that it would not be out of context with the area or adversely affect residential amenity subject to the aforementioned conditions. Therefore, the Local Review Body was satisfied that the proposal complied with Policies D1 – Architecture and Placemaking and H1 – Residential Areas of the adopted Aberdeen Local Development Plan 2017; and the Supplementary Guidance: ‘The Householder Development Guide’.

However, one Member agreed with the decision of the Appointed Officer that the application be refused as he was satisfied that by way of scale, size, materials and massing in the context of 495 Great Northern Road and the surrounding area, the proposed extension would be unacceptable. The proposal would result in the loss of neighbouring privacy. It would therefore fail to accord with Policy D1 – Architecture and Placemaking and Policy H1 – Residential Areas of the adopted Aberdeen Local Development Plan; the Supplementary Guidance: ‘The Householder Development Guide’; and the relevant policies of the proposed Aberdeen Local Development Plan.

The Local Review Body therefore, by majority, agreed to reverse the decision of the appointed officer and to approve the application subject to the following condition:

1.            The development hereby permitted shall not commence until samples of the materials (including colour) to be used in the construction of the external surfaces have been submitted to and approved in writing by the local planning authority.  The development shall be carried out in accordance with the approved details.

Reason - In the interests of the visual amenity of the area and to comply with policy D1 of the Aberdeen Local Development Plan 2017.

2.            Notwithstanding the approved drawings the development shall not commence until revised drawings omitting the window on the western elevation to the kitchen as shown on submitted drawing Nos 100 and 101 have been submitted to and agreed in writing by the local planning authority and the development shall be undertaken in complete accordance with the drawings and retained thereafter.

Reason –in the interest of residential amenity and to comply with policy H1 of the Aberdeen Local Development Plan 2017.

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 of the Town and Country Planning (Scotland) Act 1997 (as amended) and other material considerations in so far as these were pertinent to the determination of the application. More specifically, the reasons on which the Local Review Body based this decision are as follows:-

The Local Review Body was satisfied that the scale, size, materials and massing of the proposed extension in the context of 495 Great Northern Road was acceptable and that it would not be out of context with the area or adversely affect residential amenity subject to the aforementioned conditions. Therefore, the Local Review Body was satisfied that the proposal complied with Policies D1 – Architecture and Placemaking and H1 – Residential Areas of the adopted Aberdeen Local Development Plan 2017; and the Supplementary Guidance: ‘The Householder Development Guide’.