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 erection of a dwelling house with double garage and associated access road, at Highview House, Blacktop Road Aberdeen, planning reference 191418/DPP.

Councillor MacDonald 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 Jamie Leadbeater, Planner; (2) the application dated 16 September 2019; (3) the decision notice dated 11 December 2019; (4) links to the plans showing the proposal and planning policies referred to in the delegated report; (5) the Notice of Review submitted by the applicant’s agent along with an accompanying statement with further information relating to the application; and (6) letters of representation.

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 the application site, which extends to 0.43 hectares, formed part of an existing residential curtilage, located on the northern side of Blacktop Road, at its junction with Baillieswells Road.

He advised that the donor property, at Highview House, sat within a plot of approximately 1.09ha, which sloped down to the road and was bounded by conifer plantations to the north and east. The proposed new house plot was in the southern portion of the Highview House site, with both properties to be served by the existing driveway access in the south-eastern corner.

Mr Evans highlighted there were a number of shrubs and smaller trees within the proposed site, and its southern boundary to Blacktop Road was defined by a low stone wall and high leylandii hedging which was at least over 3m. The hedging continued westwards along the road frontage of the neighbouring land, which offered screening to the site of the proposed new house.

Mr Evans indicated that the site was zoned as both Green Space Network and Green Belt in the Aberdeen Local Development Plan, where policies NE1 and NE2 would apply.

In regard to the proposed application, Mr Evans advise that the application sought detailed planning permission for the erection of a new detached dwelling house with double garage and associated access road.  The 4-bedroom, two storey dwelling included an integrated garage.  At ground floor level the building would be finished in rubble masonry, with the upper floor finished in vertical timber linings and the roof formed in a zinc cladding.   Windows and doors would feature dark grey frames and a covered balcony area were incorporated into the south-east and southwest elevations. These spaces were enclosed by glazed balustrades, as was a roof garden above the garage.

Mr Evans then outlined the applicant’s proposal and outlined the appointed Officer’s reasons for refusal as follows:-

·        The principle of a new dwelling in this location was not supported by policy NE2 (Green Belt) of the ALDP, which allowed for only certain specified types of development in such areas. In addition, the proposal was at odds with Scottish Planning Policy (SPP) which sets out the role of ‘green belts’ in protecting the landscape setting of cities and towns and directing development to appropriate locations;

·        The site would not be accessible by public transport, and therefore it was likely that occupants of the development would be unduly dependent on use of the private vehicle. The proposal, therefore, would conflict with the policy objectives of Policy T2 (Managing the Transport Impact of Development) and Policy T3 (Sustainable and Active Travel) in the Aberdeen Local Development Plan 2017 and their relevant supplementary guidance (Transport and Accessibility). This lack of accessibility by sustainable means also failed to accord with Scottish Planning Policy expectations of sustainable development; and

·        Given the possibility that existing trees along the southern and western boundaries could be removed without recourse to the planning authority, they cannot be relied upon as providing screening of the site and of the proposed house. Should they be removed and the proposed dwellinghouse was built, the proposed development would have an adverse visual impact on the character of the rural landscape/Green Belt. In that event, the proposal would conflict with the aims of Policy D2 (Landscape) in the Aberdeen Local Development Plan 2017 and Scottish Planning Policy (SPP).

Mr Evans highlighted the following key points from the appellant’s review statement:-

(1)  Argued that the development complied with the relevant policies of the Local Development Plan;

(2)  Contends that, whilst not specifically listed as an exception under policy NE2, the proposal would not undermine the aims of green belt designations;

(3)  The site was well located relative to the facilities and services to be provided in future as part of the Countesswells development;

(4)  Highlighted lack of landscape impact due to existing tree cover, and noted that Aberdeen City Council could serve a Tree Protection Order to ensure long-term retention of those trees if considered essential; and

(5)  Highlighted lack of objection from consultees.

In relation to consultation, Mr Evans indicated that there was a neutral response from the Cults, Bieldside and Milltimber Community Council and also one letter of objection received. 

Mr Evans indicated that the applicant had indicated on the Notice of Review that no further procedure was required, and that the application should be determined without a site visit, written submissions or a hearing. 

The Chairperson and Councillors Duncan and MacKenzie advised in turn that they had enough information to determine the application and did not require further procedures. 

Mr Evans outlined in detail, the relevant policy considerations, making reference to the Aberdeen Local Development Plan 2017, namely policy NE1 (Green Space Network), NE2 (Green Belt), D1 (Quality Placemaking by Design) and Supplementary Guidance in regards to sub-division and redevelopment of residential curtilages. 

Members asked a number of questions of Mr Evans in relation to the proposed application. 

The Chairperson and Councillors Duncan and MacKenzie advised in turn and unanimously agreed 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 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:-

(1)  The application site lies within the Green Belt on the Aberdeen Local Development Plan (ALDP) Proposals Map 2017. Policy NE2 (Greenbelt) in the ALDP 2017 makes no provision for new/additional dwellinghouses in the countryside, unless it has been demonstrated as being essential for an existing agriculture or forestry enterprise, which the applicant has not been done in this case and does not accord with any of the 'exceptions' within the policy. In addition, the proposal is at odds with Scottish Planning Policy (SPP) which seeks the implementation of 'green belts' to protect the landscape setting of cities and towns. Therefore, collectively the principle of development is unacceptable;

(2)  The site would be located outwith a 400m radius of a bus stop, within a relatively undeveloped rural/green belt  area, and therefore it is likely that occupants of the development would be unduly dependent on use of the private vehicle to transport themselves from the site to other parts of the city / essential supporting services. The proposal, therefore, would conflict with the policy objectives of Policy T2 (Managing the Transport Impact of Development) and Policy T3 (Sustainable and Active Travel) in the Aberdeen Local Development Plan 2017 and their relevant supplementary guidance (Transport and Accessibility). Further, the green belt nature of the site, its location outwith the urban core and relative remoteness from a bus stop, together with the above policy considerations demonstrate that the proposal would not accord with the Scottish Planning Policy expectation of sustainable development; and

(3)  Given the existing trees along the southern and western boundaries of the site are not protected and could be removed without the control of the Planning Authority, they cannot be relied upon as providing screening of the site and of the proposed house. Should they be removed and the proposed dwellinghouse is built, the proposed development would have an adverse visual impact on the character of the rural landscape/Green Belt given it would result in the incremental erosion of the open countryside which has been strategically designated to prevent coalescence with Aberdeenshire and maintain open views of the city from rural vistas to the west of the city under the guidance of Scottish Planning Policy in adopting the current Local Development Plan. Therefore, the proposal would conflict with the aims of Policy D2 (Landscape) in the Aberdeen Local Development Plan 2017 and Scottish Planning Policy (SPP).