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 a change of use of open space to garden ground and the erection of a domestic garage with associated access at 513 Great Northern Road Aberdeen, 170607/DPP.

The Chairperson advised that the LRB would again be addressed by Mr Andrew Miller and reminded members 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.  She emphasised that the officer would not be asked to express any view on the proposed application.

In relation to the application, the LRB had before it (1) a delegated report by Ms Siobhan Wolverson, Planning Technician; (2) the decision notice dated 8 August 2017; (3) copies of the 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 explained that the site subject to the review forms an area of land to the rear of a 1.5 storey traditional granite built property that had been divided into flats. The site is a narrow strip of land measuring 4.5 x 17.8 metres and due to the slop of the land in question it would require excavation up to 2.4 metres in depth.

Mr Miller indicated that the application sought consent for the change of use of the strip of land to garden ground and the erection of a garage with associated driveway within this area of land. 

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 lead to the loss of an area of urban green space which would result in negative impacts on the landscape character and amenity of this area. This would affect the setting of the nearby properties (flats), adversely affect the character of the surrounding area and may also obstruct a wildlife corridor. It is also likely to lead to the removal of a relatively established tree and no replacement open space close to this area would be provided of similar or better quality. In addition, it would have a negative impact on general residential amenity through the loss of open space. Therefore, although complying with Supplementary Guidance (Transport and Accessibility) as the proposed garage would exceed the minimum standards in relation to size, the proposal fails to accord with Policies D1 (Quality Placemaking by Design), H1 (Residential Areas), D2 (Landscape), NE3 (Urban Green Space) and NE5 (Trees and Woodland) of the Aberdeen Local Development Plan, in addition to the associated Supplementary Guidance (Householder Development Guide; Green Space Network and Open Space).

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.
• NE3 – Urban Green Space: Planning permission would not normally be granted to redevelop urban green space, though there are exceptions where the following can be met:
  • no loss of landscape character,
  • no loss of valuable green space,
  • no loss of trees, and
  • a requirement for suitable replacement land.
• NE5 – Trees and Woodland: Development should not result in loss of trees that contribute to landscape character.

Transport and Accessibility Supplementary Guidance –garages should have a 5.7 x 2.7 m minimum internal space.

In relation to the Notice of Review, the applicant highlighted that (a) the appointed officer did not clearly explain the negative impacts the proposal would have on the landscape character and amenity of the area, (b) the land has been left in a poor state, (c) there are other garages in area, (d) the land does not form a wildlife corridor and the council maintain it and spray heavy pesticides, (e) there are plenty open space areas in surrounding area of better quality and (f) the proposal would be consistent with all relevant policies in the ALDP and its associated Supplementary Guidance.

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 area of green space is not considered to be of a quality that would warrant protection given its current state, and its loss would not adversely impact on the character of the surrounding area, nor result in the loss or obstruction of any wildlife corridor. The tree to be removed is of no significance, and its loss would not result in a detrimental landscape impact. In respect of the garage, its scale and design is suitable for the character and amenity of the surrounding area.

Accordingly, the proposals are considered to comply with policies D1 - Quality Placemaking by Design, H1 - Residential Areas, D2 - Landscape, NE3 - Urban Green Space and NE5 - Trees and Woodland of the Aberdeen Local Development Plan 2017, as well as associated Supplementary Guidance on Householder Development and Green Space Network and Open Space).