Agenda item

The Local Review Body (LRB) of Aberdeen City Council met on this day to review the decision taken by an appointed officer under the Council’s Scheme of Delegation to refuse the request for planning permission for the proposed erection of a 2 storey extension to the rear at 433 Great Western Road Aberdeen, 170350/DPP.

Councillor Boulton as Chairperson gave a brief outline of the business to be undertaken.  She indicated that the LRB would be addressed by the Assistant Clerk, Mrs Lynsey McBain as regards the procedure to be followed and also, thereafter, by Mr Andrew Miller who would be acting as the Planning Adviser to the Body in the case under consideration this day.

The Chairperson stated that although the Planning Adviser was employed by the planning authority hehad 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.  She emphasised that the officer would not be asked to express any view on the proposed application.

The Local Review Body was then addressed by Mrs McBain, Assistant Clerk in regards to the procedure to be followed, at which time reference was made to the procedure note circulated with the papers calling the meeting and to certain more general aspects relating to the procedure.

In relation to the application, the LRB had before it (1) a delegated report by Ms Sheila Robertson, Planning Technician; (2) the decision notice dated 11 August 2017; (3) copies of the plans showing the proposal; (4) links to the planning policies referred to in the delegated report; (5) consultee comments and (6) the Notice of Review submitted by the applicant’s agent along with an accompanying statement.

The LRB was then addressed by Mr 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 subject to the review formed a guest house on the southern side of Great Western Road, to the east of its intersection with Anderson Drive. The building was a 2.5 storey traditional granite built villa with a smaller rear wing. The guest house is within the bulk of the original building, whilst the owner’s accommodation is in the rear wing which also has a modern PVCu conservatory on the end. Mr Miller advised that it is located within a residential area, as zoned within the Aberdeen Local Development Plan 2017.

Mr Miller indicated that the application sought consent for the demolition of the modern conservatory on the end of the rear wing and the erection of a two storey extension with basement level storage accessed via an external doorway from the garden.

Mr Miller outlined thatthe request sought the review of the decision of the appointed officer to refuse the application under delegated powers and the stated reasons for refusal were as follows:-  

The proposal would be contrary to policies H1 – Residential Areas, and D1 – Quality Placemaking by Design, as well as the Householder Development Supplementary Guidance on the basis that the scale, design and massing of the proposal would not respect the character and architecture of the existing guest house, nor that of the surrounding conservation area. As a result, the proposal was also considered to be contrary to policy D4 – Historic Environment and subsequently Scottish Planning Policy and Historic Environment Scotland Policy Statement.

In regards to consultees and objections, Mr Miller advised that no letters of objection were received.

Mr Miller also made reference to the relevant planning considerations, as follows:-

• H1 – Residential Areas: seeks to ensure that all development is suitable for the character and amenity of the surrounding area, as well as general compatibility with residential uses.
• D1 – Quality Placemaking by Design: requires development to be of a high standard of design.
• D4 – Historic Environment: requires all development that impacts on the historic environment to comply with SPP and HESPS.

Householder Supplementary Guidance –whilst not strictly a householder extension, the original use of the building and location within a residential area means elements of this guidance can be used in assessing the suitability of the extension.

In relation to the Notice of Review, the applicant highlighted that (a) a larger extension was granted consent in 2009 which expired in 2014 and there has been no substantive changes to planning policy in the intervening period, (b) this was not taken into consideration in the determination of the application, (c) the application was amended to meet concerns of the Conservation Officer, but this was not sufficient and (d) there was no adverse impact on the residential amenity of neighbouring properties.

The applicant also intimated that the Householder Supplementary Guidance is of limited relevance given that the application relates to a guesthouse and not a dwellinghouse and they advised that the proposal would preserve the character of the conservation area.

There were no questions for Mr Miller from the Local Review Body.

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.

Mr Miller highlighted that whendetermining the appeal, members should take into consideration any material considerations they feel would be relevant to the application that would point to either overturning the original decision or dismissing the review. 

Members agreed unanimously to overturn the decision of the appointed officer to refuse the application and therefore approve 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 in which the Local Review Body based this decision were as follows:-

The proposed extension was considered to be of a suitable design and scale for the guest house on which it would be attached and would be comparable with scale and form of other extensions in the surrounding area. Accordingly the proposal was considered to comply with Policies H1 – Residential Areas and D1 – Quality Placemaking by Design of the Aberdeen Local Development Plan 2017 (ALDP), as well as general guidance contained within the Householder Development Guide Supplementary Guidance.

The proposals were considered to preserve the character of the surrounding Great Western Road Conservation Area and therefore would comply with Scottish Planning Policy, Historic Environment Scotland Policy Statement and subsequently policy D4 – Historic Environment of the ALDP.