Agenda item

The Local Review Body then considered the third 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 erection of two class 1 retails units, at land to the east of Ikea, Wellington Circle Aberdeen, 191588/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 Gavin Clark, Senior Planner; (2) the application dated 18 October 2019; (3) the decision notice dated 24 March 2020 (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 applicants agent along with an accompanying statement and (6) a letter of representation received.  Mr Evans advised that an objection was received from Nigg Community Council but was not submitted within the correct timeframe so was not accepted.  

The Local Review Body then heard from Mr Evans, who explained 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 noted that the application site lay to the west of Wellington Road, between Wellington Circle and an existing car park which serves IKEA, Makro, PureGym and Starbucks and the site was presently an area of landscaping that bounded the southern edge of the IKEA car park, and sits between the IKEA and Starbucks units when seen from the adjoining part of Wellington Circle. The car park is accessed from its north-eastern corner, directly opposite the Shell service station.

Mr Evans explained that the street view images that he displayed dated from March 2019  and they showed that the landscaping was not mature at that time, having been planted in connection with the development of the Starbucks immediately to the east.  The surrounding area featured a mix of commercial uses, including the IKEA and Makro retail offerings, Starbucks (inc drive-thru service), a PureGym, a Shell petrol filling station, Royal Mail depot, Burger King restaurant with drive-thru facility, and office and industrial uses.

Mr Evans highlighted that the site falls within an area zoned in the Aberdeen Local Development Plan as Business and Industrial Land, where policy B1 applies, promoting office and industrial uses, however the site is also identified within an Opportunity Site, which provides support for change of use to retail use.

In regard to the proposal, Mr Evans explained that planning permission was sought for detailed planning permission for the erection of a single storey building containing two retail units on what is currently a landscaped buffer at the southern edge of the car park serving IKEA, Pure Gym etc and the building would be modern in style, with a monopitched roof and contemporary pallet of materials. Each retail unit would extend to approximately 92sqm, and would have a dedicated external service area. The building would be orientated to face north, addressing the car park, and lock-block paving would be used externally. A covered cycle store is shown on the proposed site plan, with 5  stands.    External materials include horizontal timber linings and grey brick basecourse to walls, large floor-to-ceiling shop windows, set within grey aluminium framing, timber screen fencing around external service areas.

Mr Evans outlined the appointed Officer’s reasons for refusal as follows:-

·        had not been sited with due consideration for its context, having an uneasy relationship between the existing buildings and that proposed;

·        would result in the loss of a recently re-planted landscaping strip that adds to the character and visual amenity of the surrounding area and is required under planning permission 160067; thereby failing to improve and enhance the settling and visual impact of the proposed development and detrimentally impact on the setting of existing buildings;

·        therefore fails to comply with Policies D1 (Quality Placemaking by Design) and D2 (Landscape of the current Aberdeen Local Development Plan.

·        fails to comply with corresponding policies in the Proposed Local Development Plan - D1 (Quality Placemaking) and D5 (Landscape Design)

·        the principle of development not supported by the Proposed Aberdeen Local Development Plan. However, given that the Proposed ALDP is at the very early stages of consultation on its content, and the site’s location within OP110 in the current local plan that still holds significant weight, it is not considered that the conflict with the Proposed LDP would warrant a further reason for refusing the application in this instance.

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

·        Highlighted that the officer’s report considered that the OP designation supporting retail use overrides any tension with policy B1, and that the principle of retail use is supported by the plan;

·        Agrees with the officer’s conclusion that the scale of retail use does not warrant retail impact or sequential assessment;

·        Points to the submitted Transport Statement and Aberdeen City Council’s Roads  conclusions on the adequacy of car parking, surface water drainage, scope for sustainable travel and access/servicing arrangements;

·        Notes there were no objection from consultees;

·        States that the retail unit could not be sited within the car park due to existing restrictions within the lease arrangements with current tenants which prevent further loss of parking ;

·        Describes the siting within an area of perimeter landscaping as being a natural infill site which would sit comfortably alongside the neighbouring Starbucks unit;

·        Questions the value of this landscaped strip and highlighted that approval of the Starbucks involved loss of landscaping as well; and

·        Contends that the economic benefits of the proposal, creation of new jobs and role in supporting the existing retail park accord with strategic aims as expressed in the Strategic Development Plan and Scottish Planning Policy, and significantly outweigh the small loss of perimeter landscaping.

In relation to the consultee response, a response was received from Ikea who objected to the lack of additional parking spaces, lack of disabled parking spaces for retail units, concerns with the conflict between delivery vehicles and customer traffic and queried the methodology used for traffic modelling.  A response was also received from Roads Development Management, who advised that they accepted the submitted evidence of capacity in the existing car park and notes inclusion of dedicated disabled bays and covered cycle parking adjacent to the proposed retail units. The assessment also took into account the other application for a drive-through restaurant within the car park, concluding that there would be sufficient parking to accommodate both proposals and the associated parking demand within the existing car park.  They indicated that submission and agreement of a travel plan would be required prior to the use being commenced.  Finally they noted that servicing/deliveries would be undertaken from within the car park, and that this must take place outwith operational business hours to avoid conflict. 

Mr Evans then advised that the applicant had expressed the view that further procedure was required before determination in the way of a site visit.  

The Chairperson and Councillors Allan and Mason advised in turn that they each had enough information before them and agreed that a site visit was not 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 policy B1 (Business and Industrial Land, B4 (Aberdeen Airport), D1 (Quality Placemaking by Design), D2 (Landscape), T2 (Managing the Transport Impact of Development), T3 (Sustainable and Active Travel), R6 (Waste Management Requirements for New Development) and R7 (Low & Zero Carbon Buildings & Water Efficiency).  Mr Evans also made reference to Supplementary Guidance on Transport and Accessibility. 

The Local Review Body members asked questions of Mr Evans in regard to the application.

The Chairperson and Councillors Allan and Mason 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:-

The proposed development has not been sited with due consideration for its context, having an uneasy relationship between the existing buildings and that proposed. The proposal would also result in the loss of a recently re-planted landscaping strip that adds to the character and visual amenity of the surrounding area and is required under planning permission 160067; thereby failing to improve and enhance the settling and visual impact of the proposed development and detrimentally impact on the setting of existing buildings. The proposal would therefore fail to comply with Policies D1 (Quality Placemaking by Design) and D2 (Landscape of the Aberdeen Local Development Plan. The proposal would therefore also fail to comply with related Policies D1 (Quality Placemaking) and D5 (Landscape Design) of the Proposed Aberdeen Local Development Plan.

The principle of development is not supported by the Proposed Aberdeen Local Development Plan 2020, namely Policy B1 (Business and Industrial). However, given that the Proposed LDP is at the very early stages of consultation on its content, and the site's location within OP110 in the current local plan that still holds significant weight, it is not considered that the conflict with the Proposed LDP would warrant a further reason for refusing the application in this instance.

-         Councillor Marie Boulton, Convener