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 construction of an additional external chimney on the north west elevation, at Inchgarth House, Aberdeen, 170929/DPP.

Councillor Jennifer Stewart 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 Sepideh Hajisoltani, Trainee Planner; (2) the decision notice dated 15 November 2017; (3) copies of the plans showing the proposal; (4) links to the planning policies referred to in the delegated report; (5) and 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 was a large detached granite built house set within 1.9 ha wooded grounds. The house was category C listed and lies within the Pitfodels Conservation Area. It was noted that whilst it previously comprised one house and two flats, Inchgarth House had been significantly altered, extended and converted back into one house in recent years.

Mr Miller indicated that the application sought retrospective planning consent for the installation of a chimney on the north west elevation of the house, on the gable end of a recently completed two storey extension. The chimney was a dummy, with works implemented and completed following submission of the application. It is finished in Rannoch granite to match the existing house.

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 proposed dummy chimney fails to comply with Policies D1 (Quality Placemaking by Design), D4 (Historic Environment) and NE2 (Green Belt) in that the design and scale of the proposal would not maintain the special architectural and historic interest of the listed building and would have a negative impact on the character of the conservation area and on the green belt. There are no material planning considerations that would outweigh the above policy position and warrant approval of the application.

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:-

• NE2 – Green Belt: Creates a presumption against development though there are exceptions. Development associated with existing activities in the green belt will be permitted if:
  • It is within the boundary of the existing activity
  • It is small scale
  • The intensity of the activity is not significantly increased
  • Any proposed built construction is ancillary to what exists.
• D1 – Quality Placemaking by Design: Requires development to be of a high standard of design.
• D4 – Historic Environment - development should comply with Scottish Planning Policy (SPP) and Historic Environment Scotland Statement (HESPS).
• Householder Supplementary Guidance – general principles for householder development.
• SPP and HESPS – Development should preserve and enhance the special interest of Listed Buildings.

In relation to the Notice of Review, the applicant highlighted that (a) it was accepted by the original planning officer that the principle of a chimney at the location was acceptable and the use of high quality materials were appropriate, (b) the main issued appeared to be the projection of the chimney from the gable end which was not considered appropriate, (c) the small projection was not of a scale to make a significant impact on the site, (d) the proposals respond to the site context, scale, massing, colour and proportions and was designed with quality design, materials and craftsmanship to match the existing house, (e) the dummy chimney was not on the original part of the house, instead it was located on a new gable wall and (f) the aim of the chimney was to break up the large expanse of wall, to provide interest, balance and symmetry which improves the overall appearance of the extension and front elevation to the house.

The Local Review Body then asked questions of Mr Miller in regards to 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.

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 uphold the decision of the appointed officer to refuse 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 dummy chimney fails to comply with Policies D1 (Quality Placemaking by Design), D4 (Historic Environment) and NE2 (Green Belt) in that the design and scale of the proposal would not maintain the special architectural and historic interest of the listed building and would have a negative impact on the character of the conservation area and on the green belt. There are no material planning considerations that would outweigh the above policy position and warrant approval of the application.