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 application for the demolition of a steading and erection of 2 storey dwelling house with terrace, at Denhead, Skene Road Aberdeen, 181539.

 

Councillor Boulton as Chairperson gave a brief outline of the business to be undertaken and advised that Mr Gavin Evans would be acting as the Planning Adviser to the Body in the case under consideration.

 

The Chairperson highlighted 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 LRB only.  She emphasised that the officer would not be asked to express any view on the proposed application.

 

The Local Review Body was again addressed by Mrs McBain, Assistant Clerk regarding 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 Mr Gavin Clark, Senior Planner; (2) the decision notice dated 1 November 2018; (3) links to the plans showing the proposal and planning notices referred to in the delegated report; and (4) the original application form and Notice of Review with accompanying statement submitted by the applicant.

 

The LRB was then addressed by Mr Evans who advised that the submitted Notice of Review was found to be valid and submitted within the relevant timeframes.

 

Mr Evans explained that the application site related to an area of ground in the rear garden of the house known as Denhead at Kingswells.  The site lay approximately 1m below the level of the access road and sloped down slightly from west to east.  The west building line abuts a grass verge alongside the public road.  Beyond the north boundary sat a 1 ½ storey dwelling that had an east-west aspect with a driveway lying between the application site and the southern gable end of the neighbouring dwelling.

 

In regard to the description of proposal, Mr Evans advised that planning permission was sought for the demolition of the existing steading building and the erection of a 1 ½ storey detached dwellinghouse which would be located out with the current footprint of the steading and would be 6.7m back from the public road.  The dwellinghouse would include timber windows, a slate roof and blockwork walls rendered in off-white dry dash render.  The porch would also be finished in stone reclaimed from the steading.

 

In relation to the Appointed Officer’s reasons for refusal, Mr Evans intimated that it made reference to the following factors:-

-          Approval would undermine the principles of controlling development in Green Belt areas and lead to the erosion of such areas, adversely affecting landscape setting of the City;

-          It would be contrary to policy NE2 (Green Belt) of the Aberdeen Local Development Plan and Scottish Planning Policy, as they relate to development in green belt areas;

-          The proposal failed to comply with policy D5 (Our Granite Heritage) as it would result in the demolition of a traditional granite steading building without adequate justification and with insufficient information relating to the re-use of downtakings within the proposed development;

-          The proposed house was not designed with due consideration for its context in Green Belt location, was contrary to policies D1 (Quality Placemaking by Design) and NE2 (Green Belt) and the associated guidance on the Sub-division and Redevelopment of Residential Curtilages;

-          Notes that the application was not accompanied by a bat survey, and therefore the planning authority was not able to adequately assess the potential for impact on bats as a European Protected Species.

 

In relation to the appellant’s case, Mr Evans made reference to thesubmitted Notice of Review which referred to the following points:-

·         Worked to implement earlier consent which commenced in March 2018 but found that the building was in worse condition than had been understood. This rendered the conversion impractical and financially unviable;

·         Stated that the steading created issues with visibility at the access to the site, which would be increased as a result of future development;

·         Contended that future development of allocated sites would move the urban edge of the city outward to incorporate the properties off Skene Road;

·         Highlighted difficulties faced in converting steading for use as a dwelling;

·         Contended that the site was in effect a ‘gap site’, sandwiched between two existing dwellings and with future development allocated to the east. As a result, the applicant contended that the proposal would not result in coalescence of settlements or sprawling development;

·         Repeated reference to conversion being unviable;

·         Intimated that no opportunity was given to increase use of downtakings to better comply with D5 (Our Granite Heritage);

·         Indicated a willingness to undertake a bat survey and requested that this was dealt with by condition; and

·         The steading was largely screened and does not form part of any important views. Demolition would not have a significant effect on the landscape character.

 

Mr Evans advised that there were no objections from statutory consultees however roads advised that the applicant should provide off-street car parking and that the new driveway was constructed to a specified visibility splay, with appropriate materials.  Mr Evans also noted that two letters of representation had been received, one in support and one objecting. 

 

Mr Evans indicated that the applicant had expressed the view that no further procedure was required and the application could be determined without further procedure. 

 

The Chairperson and Councillors Duncan and Henrickson all indicated in turn that they each had enough information before them and therefore agreed that a site visit nor an additional hearing were required and that the review under consideration should be determined without further procedure.

 

Mr Evans outlined the relevant policy considerations, making reference to the following in the Aberdeen Local Development Plan 2017, namely D1: Quality Placemaking by Design; Policy D5: Our Granite Heritage; Policy T2: Managing the Transport Impact of Development; Policy T3: Sustainable and Active Travel; Policy NE2: Green Belt; Policy NE6: Flooding, Drainage & Water Quality; Policy NE8: Natural Heritage; Policy R6: Waste Management Requirements for New Developments; Policy R7: Low & Zero Carbon Buildings & Water Efficiency and Policy CI1: Digital Infrastructure.

 

In regards to Supplementary Guidance, the following guidance were relevant:-

1. Transport and Accessibility
2. Natural Heritage
3. Flooding, Drainage and Water Quality; and
4. Resources for New Development

 

Mr Evans advised that in determining the appeal, members should also 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.

In addition to the relevant policies from the development plan, he indicated that Scottish Planning Policy commentary on Green Beltswould be a material consideration.

 

He intimated that should members wish to overturn the decision of the appointed officer, consideration should be given to any conditions which would be appropriate in order to make the proposal acceptable, however all conditions must meet the six tests set out by Scottish Government Policy. 

 

The Local Review Body then asked questions of Mr Evans.

 

Members agreed by majority to overturn the original decision and therefore  grant planning permission conditionally.  Councillors Boulton and Duncan voted to approve the application and Councillor Henrickson voted to uphold the decision of the appointed officer.

 

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 consideration 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 were as follows:-

The LRB noted that the site, whilst zoned as Green Belt, is nevertheless immediately adjacent to two opportunity sites allocated in the Aberdeen Local Development Plan for residential development, and that the development of these sites in the long-term would move the urban edge of the city outwards to this point. The site was considered to be well screened from the road and generally not of great prominence in the landscape. Members considered that the site could be characterised as a ‘brownfield’ site, given the presence of an existing steading building. The presence of existing dwellings to either side was felt to give the impression of a small settlement at present. It was considered that the proposed new dwelling relates well to its immediate neighbours and would be consistent with the local context, which is characterised by small clusters of houses on either side of Skene Road. The LRB did express the view that the proposal failed to make adequate use of the materials from the existing steading building in its construction, and therefore requested that a condition be attached in order to ensure that a greater proportion of this material could be re-used in the design of the new dwelling.

 

The LRB noted that a previous bat survey in support of an earlier application for conversion of the steading building found no evidence of bats using the building, and was satisfied that the overarching legal duties and licensing regime operated by Scottish Natural Heritage in relation to the protection of protected species would be sufficient to ensure no adverse impact on bats as a protected species.

 

Ultimately, the LRB recognised that the proposal for a new dwelling does not comply with the Development Plan as it relates to development within Green Belt areas, but considered that the aforementioned factors weighed in favour of approval in this instance.

 

                                                         CONDITIONS

 

Materials/finishes and re-use of downtakings

That no development shall take place unless a scheme detailing all external finishing materials to the roof and walls of the development hereby approved has been submitted to, and approved in writing by, the planning authority and thereafter the development shall be carried out in accordance with the details so agreed - in the interests of visual amenity.

 

Any such scheme shall include a statement detailing the extent of downtakings from the existing steading building, the condition of any such downtakings, and shall set out proposals to maximise the meaningful re-use of downtakings within the proposed development – with priority given to utilizing salvaged stone in the principal elevation of the new dwelling – in order to ensure compliance with policy D5 (Our Granite Heritage) of the ALDP.

 

Driveway specifications

That the driveway serving the dwelling hereby approved shall not be surfaced with loose material over the first 2m adjacent to the road – in order to prevent any such loose materials being shed onto the public road.

 

Surface Water Drainage

That no development shall take place unless a scheme of all drainage works designed to meet the requirements of Sustainable Urban Drainage Systems has been submitted to and approved in writing by the Planning Authority and thereafter no part of the development shall be occupied unless the drainage has been installed in complete accordance with the said scheme - in order to safeguard water qualities in adjacent watercourses and to ensure that the development can be adequately drained.

 

Low and Zero Carbon Buildings policy compliance

that the building hereby approved shall not be occupied unless a scheme detailing compliance with the Council's 'Low and Zero Carbon Buildings' supplementary guidance has been submitted to and approved in writing by the planning authority, and any recommended measures specified within that scheme for the reduction of carbon emissions have been implemented in full - to ensure that this development complies with requirements for reductions in carbon emissions pecified in the City Council's relevant published Supplementary Guidance document, 'Low and Zero Carbon Buildings'.

 

Off-street car parking

that the development hereby approved shall not be occupied unless the car parking areas hereby granted planning permission have been constructed, drained, and laid-out in accordance with drawing No.645/01 of the plans hereby approved or such other drawing as may subsequently be submitted and approved in writing by the planning authority - in the interests of public safety and the free flow of traffic.

 

Boundary enclosures

That no development pursuant to this planning permission shall take place unless there has been submitted to and approved in writing by the Planning Authority a detailed scheme of site and plot boundary enclosures for the entire development hereby granted planning permission. For the avoidance of doubt, this scheme shall prioritize the re-use of downtakings salvaged from the demolition of the existing steading building which cannot otherwise be incorporated into the design of the dwellinghouse. The approved dwelling shall not be occupied unless the said scheme has been implemented in its entirety - in order to preserve the amenity of the neighbourhood.

-           COUNCILLOR MARIE BOULTON, Chairperson.