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 replacement windows to front of the property at 25 Gray Street, Aberdeen, Planning Reference 181632/DPP.

The Chairperson advised that the LRB would again be addressed by Mr Gavin Evans and reminded Members that although Mr Evans 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 Sheila Robertson, Planning Technician; (2) the application dated 17 September 2018; (3) the decision notice dated 16 November 2018 (4) links to the plans showing the proposal and planning policies referred to in the delegated report;  and (5) the Notice of Review submitted by the applicant along with an accompanying statement with further information relating to the application.

The LRB was then addressed by Mr Evans who advised that the review had been submitted with all necessary information within the time limit of three months following the decision of the appointed officer.

Mr Evans then described the site advising that it was a 2 storey, end terraced dwelling of a traditional style, incorporating granite walls and a slate roof. The property is located on the North East side of Gray Street. The front elevation to Gray Street included 2-storey bay windows, with a further window above the front door. These existing windows were formed in white painted timber, and were divided horizontally with the lower panes fixed and a smaller top-opening window above. The upper pane swings outward from the top. The property is situated within the Great Western Road Conservation Area.

In terms of the Appointed Officer’s reasons for refusal, Mr Evans made reference to the following factors:-

·       there would be a loss of a traditional material (timber);

·       it failed to demonstrate due regard for historic context, which would warrant reinstatement of a traditional window style in order to maintain and enhance the character of the conservation area;

·       the use of UPVC was not appropriate to this historic building, and would adversely affect appearance of the surrounding conservation area;

·       conflict with principles of Scottish Planning Policy and Historic Environment Scotland Policy Statement;

·       conflict with Aberdeen Local Development Plan policies H1, D4 and D1 and associated Supplementary Guidance on Window Repair/Replacement;

·       conflict with the aims of the Great Western Road Conservation Area Character Appraisal and Historic Environment Scotland Managing Change publication relating to Windows;

·       risk of setting an unwelcome precedent that could lead to significant erosion of the conservation area’s character and appearance; and

·       that it does not accord with the Development Plan, and that material considerations of national policy do not support, it was concluded that there are no MCs that would outweigh this.

In terms of the appellant’s case, Mr Evans referred to the Notice of Review, Statement and other documentation, including photos of the area and details of previous application approvals which were all available via the website portal, and highlighted the following:-

·       that there were leaks to existing window frames;

·       stated that the upstairs windows were dangerous in the event of fire;

·       that the existing windows are non-original, and that the proposed replacements are a more appropriate style;

·       that replacements comply with aims of Historic Environment Scotland Managing Change guidance;

·       noted that 74% of addresses in conservation area had uPVC (76% on this side of road);

·       contended that uPVC windows were a more sustainable option and accurately replicate the appearance of a timber window;

·       cited past planning approvals, the last four of which were for UPVC to replace timber windows, including neighbours at no23 and opposite at no34 and no36; and

·       that precedent had been set and the proposal was not materially different from those previously supported by the Council.

Mr Evans intimated that there were no representations submitted and no response had been received from the Ashley and Broomhill Community Council.

Mr Evans revealed that the applicant had expressed the view that further procedure was required, and that the review might best proceed with the benefit of a site inspection in order to see first-hand local context.

The Chairperson and Councillors Cameron and Macdonald all indicated in turn that they each had enough information before them and therefore agreed that a site visit was not 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:-

·       D1 – Quality Placemaking by Design: Required development to be of a high standard of design, which demonstrates an understanding of its context;

·       H1 – Residential Areas: Householder Development should particularly;

(1)    did not constitute overdevelopment;

(2)    did not result in an unacceptable impact on the character and amenity of the surrounding area;

(3)    that it complied with Supplementary Guidance (Repair and Replacement of Windows and Doors);

·       D4 – Historic Environment: ACC will protect, preserve and enhance the historic environment in line with Scottish Planning Policy, Scottish Historic Environment Policy and its own Supplementary Guidance and Conservation Area Character Appraisals and Management Plan.

Mr Evans also referred to the Windows and Doors Supplementary Guidance and Householder Supplementary Guidance General Principles.

Mr Evans advised that in determining the appeal, members should also take into consideration any material considerations they feel were 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, the following would be material considerations:-

·       Scottish Planning Policy (Conservation Areas);

·       Historic Environment Scotland Policy Statement;

·       Aberdeen City Council’s Great Western Road Conservation Area Character Appraisal and the overarching Management Plan for Aberdeen’s Conservation Areas; and

·       Historic Environment Scotland Managing Change guidance on ‘Windows’.

Mr Evans 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.

He concluded by indicating that if members were minded to overturn the decision then he would advise on a condition relating to the installation of an approved cross-section to the windows.

The Local Review Body then asked questions of Mr Evans, specifically regarding the deterioration of the windows, the conservation area, the design of the neighbour’s windows and the supplementary Guidance for window.

Members agreed unanimously that the proposal was acceptable and therefore the Local Review Body’s decision was to overturn the decision of the appointed officer and approve the application conditionally.

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 were as follows:-

The Local Review Body (LRB) recognised that the proposal does not accord with the Council's Supplementary Guidance on the 'Repair and Replacement of Windows and Doors due to its introduction of UPVC as a replacement for timber windows. Nevertheless, it was noted that, whilst the application site is located in a Conservation Area, uPVC windows are  common in the surrounding area, as recognised by the Council's Great Western Road Conservation Area Character Appraisal. In that context, it was considered that the proposal to replace existing non-traditional windows with UPVC sash and case replicas would not result in an adverse impact on the character and amenity of the area or the character and appearance of the Great Western Road Conservation Area, but rather that they would better replicate the proportions of a traditional window than the existing timber casement frames. On that basis, it was concluded that the proposal would represent an improvement, and would comply with policies D1 (Quality Placemaking by Design), H1 (Residential Areas) and D4 (Historic Environment) of the Aberdeen Local Development Plan, as well as Historic Environment Scotland's Windows guidance from the Managing Change series.

CONDITION

(1)    that the window(s) hereby approved shall be constructed in full accordance with the detailed cross section(s) submitted and approved with the application and that the visible part of the outer frame of the front windows hereby approved shall not exceed 25 mm in width at the top and sides of the window opening with the remainder of the frame being concealed behind the masonry window check, unless the planning authority has given prior written approval for a variation-in order to preserve the character of the conservation area.