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 replacement windows to the front and rear at 7 Bon Accord Square Aberdeen, Planning Reference 181777.

Councillor Boulton as Chair, gave a brief outline of the business to be undertaken, advising that the LRB would be addressed by the Assistant Clerk, Mrs Lynsey McBain with regards to the procedure to be followed and also, thereafter, by Mr Gavin Evans who would be acting as the Planning Adviser to the Body in the cases under consideration this day.

The Chairperson stated 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.

The Local Review Body was then addressed by Mrs McBain, Assistant Clerk in regard 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 more general aspects relating to the procedure.

In relation to the application, the LRB had before it (1) a delegated report by Alex Ferguson, Planner; (2) the application dated 11 October 2018; (3) the decision notice dated 4 June 2019; (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’s agent 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 and advised that it was a mid-terraced property set over four levels, which included attic and basement, on the southern side of Bon Accord Square, which formed part of a traditional granite-built category B listed terrace.  The building was currently vacant but was last used as an office.  The original building incorporated traditional single-glazed timber sliding sash and case windows to the front and rear, of varying fenestration patterns and the site lay within the Bon Accord/Crown Street Conservation Area. 

In regard to the proposal, Mr Evans explained that planning permission had been sought for the replacement windows to the front and rear.  The application proposed the replacement of 11 windows in the original part of the building, with no change to the more modern rear extension.   The existing windows were timber-framed, single-glazed sash and case windows.  It is proposed to replace these with new timber sash-and-case windows of matching proportions, but with the addition of slim-profile double glazing in place of the existing single-glazing. One rear window (to the rear) would be replaced with one of a different glazing pattern (6-over-6 instead of 2-over-2).

Mr Evans then outlined the applicant’s proposal making reference to the history of the site and outlined the appointed Officer’s reasons for refusal as follows:-

·         Identifies no conflict with NC1 (City Centre) or H2 (Mixed Use Areas) policies;

·         The proposal would adversely affect historic architectural integrity and character of the Listed Building and, to a lesser degree, the character of the Conservation Area;

·         It is considered that the windows do not appear to be beyond practicable repair, with no evidence to the contrary.  Window condition survey had not been provided;  and replacement had therefore not been justified;

·         Fails to comply with:

o   Scottish Planning Policy

o   Policy D4 of the ALDP and associated Supplementary Guidance;

o   Historic Environment Scotland ‘Windows’ and ‘Asset Management’ guidance from Managing Change series; and

·         Notes that applicants’ justification for removal was based on thermal efficiency/sustainability, but alternatives to replacing the existing windows do not appear to have been fully explored.

In relation to the appellants case, Mr Evans highlighted the following:-

o   They included photographs of existing windows, noting poor maintenance in some places and evidence of sills displaying rot;

o   Concluded that the windows had deteriorated as a result of a lack of ongoing maintenance;

o   Highlighted that the applicant intended to replace the existing windows with sash and case windows detailed faithfully to match originals;

o   The Conservation Area Character Appraisal encourages continued investment by owners and noted that Appraisal Framework suggested window replacement should be considered where a replacement windows was of traditional style, proportions and materials;

o   Noted that the applicant wished to introduce double glazing to improve thermal efficiency of the building and reduce carbon emissions/energy costs;

o   Discounted the use of secondary glazing due to the potential impact on the internal features like window shutters and architraves; and

o   Highlighted the benefit in terms of securing the building’s future use/occupation and value in contributing to the success of the city centre.

Mr Evans advised that there were no consultees responses and no letters of representation.  Mr Evans also indicated that the applicant had indicated that no further procedure was required before determination of the application. 

The Chairperson and Councillors Macdonald and Wheeler advised in turn that they each had enough information before them and agreed that no further procedure was required and that the review under consideration should be determined without further procedure.

Mr Evans outlined in detail, the relevant policy considerations, making reference to the Aberdeen Local Development Plan 2017, namely H2 – Mixed Use Areas, D1 – Quality Placemaking by Design and D4 – Historic Environment:

In regards to Supplementary Guidance, Windows and Doors Supplementary Guidance was relevant and the following was important:-

·         It sets out guidance for window replacement;

•      The repair and retain of historic windows always promoted over replacement;

•      Replacement of original/historic windows would only be supported where it can be satisfactorily demonstrated that they have deteriorated beyond practicable economic repair;

•      Slim profile double glazing in existing frames could be supported in principle on Listed Buildings, however slim profile double glazed windows must have a maximum width of 14mm from outer frame to outer frame and new windows should match the originals as closely as possible;

•      Installation of slim-profile units should not alter the original astragal arrangement;

•      To ensure architectural integrity, replacement windows should replicate the historic design exactly in terms of materials, proportions, profiles and dimensions of frames and glazing bars/astragals and method of opening and details; and

•      On listed buildings the introduction of PVCu windows as a replacement material was not acceptable.

In regard to material considerations, Mr Evans explained that in determining the appeal, members should also take into consideration any material considerations they feel are 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 and the need to give special regard to the importance of preserving and enhancing the building and any features of special interest.

·         Historic Environment Policy for Scotland – sets out 6 high-level policies for managing the historic environment.

·         HES Managing Change guidance on ‘Windows’

Members of the Local Review Body then asked various questions of Mr Evans.

The Chairperson and Councillors Macdonald and Wheeler advised in turn and unanimously agreed to uphold  the original 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 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 proposals would not affect the delivery of the vision for the city centre, in accordance with Policy NC1 (City Centre Development - Regional Centre) of the Aberdeen Local Development Plan (ALDP), nor the amenity or viability of any neighbouring uses, in accordance with Policy H2 (Mixed Use Areas) of the ALDP.

The proposal to replace the existing windows would adversely affect the historic architectural integrity and character of the listed building and by extension, to a lesser

degree, the character of the conservation area. The existing windows (with the exception of the two at roof-level) are historic/ possibly original and in the absence of a detailed window condition survey, visual inspections by officers indicate they do not appear to be beyond practicable repair. Indeed, the applicant's updated supporting statement includes a quotation from a reputable window repair company which only recommends the wholesale replacement of one window. Thus, it is considered that: the vast majority of the windows are not 'beyond repair'; and the principle of replacing them has therefore not been suitably justified, thus is not accepted. The proposals therefore fail to comply with the principles of Scottish Planning Policy (SPP), Historic Environment Policy for Scotland (HEPS), Policy D4 (Historic Environment) of the Aberdeen Local Development Plan, the Council's supplementary guidance on The Repair and Replacement of Windows & Doors and Historic Environment Scotland's Managing Change in the Historic Environment: 'Windows' and 'Asset Management' guidance.

Whilst the applicant has largely based their justification for replacing the existing windows on thermal efficiency/ sustainability grounds, issues which are not without merit, they have not explored in any detail, alternative, more sympathetic solutions to addressing these issues, which would allow the existing windows to be retained, as is required by HEPS Policy HEP4.