Agenda item

The LRB 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 erection of a new 17.5m high 5G telecommunication mast and installation of associated meter cabinets with associated works at North Deeside Road, Pitfodels, Aberdeen, Planning Reference number 201501/DPP. 

Councillor Stewart as Chair advised that Mr Gavin Evans would again be acting as the Planning Adviser to the Body in the following case under consideration this day and reiterated 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.

In relation to the application, the LRB had before it (1) a delegated report by the Appointed Officer, Aberdeen City Council; (2) an application dated 1 December 2020; (3) the decision notice dated 12 March 2021; (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; and (6) a letter of representation and a consultee response from the Roads Team, Aberdeen City Council.

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 in a small area within the pedestrian footway on the southern side of North Deeside Road in Pitfodels. It was located within the Pitfodels Conservation Area. The site of the proposed works was immediately to the north of a large residential curtilage (West Haven). The dwelling within that curtilage was set back some 65m from North Deeside Road and sits at a much lower level, with hedging and mature trees in the intervening front garden area. The boundary to North Deeside Road was enclosed by a stone wall of roughly 1.5m in height, with hedging within the garden protruding a further 0.3m or so above the wall when seen from the public road. This section of North Deeside Road featured 10m high streetlight poles which flank the southern footway of North Deeside Road, either side of the application site, with the existing trees in the curtilage of West Haven providing the backdrop for the proposed area of works. A denser area of mature woodland at the front of the International School sat on the northern side of North Deeside Road, opposite the site area.

Mr Evans outlined the proposal for Detailed Planning Permission (DPP) which was sought for the erection of a new 17.5m high 5G telecommunication masts with associated cabinet. The proposed mast and cabinet would be set 1.75m apart. The cabinets would have a height of 2m, width of 2.95m and depth of 600mm. The equipment would be installed in the southern portion of the footway, close to the boundary wall enclosing West Haven, with cabinets opening outwards into the footway when in use.

He indicated that the Appointed Officer’s reasons for refusal stated in the decision notice was as follows:-

(1)    The proposed telecommunications development was not acceptable in principle as its siting, scale and appearance would have an undue adverse impact on the special high amenity and rural character and appearance of the Pitfodels Conservation Area and therefore the proposal would fail to accord with policies CI2 (Telecommunications Infrastructure), D1 (Quality Placemaking by Design) and D4 (Historic Environment) in the Aberdeen Local Development Plan 2017; and

(2)    Planning Authority considers that insufficient justification had been provided by the applicant to satisfactorily demonstrate that the proposed telecommunications infrastructure could not feasibly be sited in a less visually sensitive or more discreet location whilst also delivering 5G connectivity to the desired coverage area.

Mr Evans outlined the key points from the appellant’s Notice of Review as follows:-

·       The proposal was in accordance with the Scottish National Planning Framework 3 (NPF);

·       The proposal accorded with Planning Advice Note 62 (PAN62) Radio Telecommunications;

·       The proposal accorded with the requirements of the Aberdeen Local Development Plan (Adopted 2017): Policy D1 – Quality Placemaking by Design and Policy D4 – Historic Environment and Policy C12 – Telecommunications Infrastructure;

·       The proposal accorded with the requirements of the Proposed Aberdeen Local Development Plan (2020): Policy CI2 – Telecommunications Infrastructure, Policy D1 – Quality Placemaking, Policy D2 - Amenity and Policy D6 – Historic Environment:

·       The applicant was also confident that “the proposed telecommunications monopole and ancillary infrastructure would not, by virtue of its siting and appearance, be detrimental to the amenity of the Pitfodels Conservation Area or the area’s character or appearance, and that suitable and robust evidence had been provided to demonstrate the need for this location”; and

·       Highlighted that it was for the planning authority to conduct a balancing exercise between any harm or perceived harm resulting from the proposal in terms of visual impact against the public benefits related to maintaining and improving a high-speed mobile telecoms network.

In terms of consultee responses, Mr Evans advised that the Roads Development Management Team indicated that they had no objection, noting that more than 1.5m of the footway would remain free from obstruction, allowing for pedestrian passing, and also that siting of the mast would not affect visibility for nearby road junctions.

No response had been received from Braeside and Mannofield Community Council.

In terms of representations, one was received within representation period and made the following points:-

·       The mast would adversely impact on visibility from the driveway serving the dwellinghouse known as West Haven on North Deeside Road;

·       Siting the mast on the pavement would increase the safety risk to passing pedestrians; and

·       Height of the mast would harm the setting/character of the Pitfodels Conservation Area.

Mr Evans advised that the applicant had expressed the view that no further procedures were required.

The Chairperson and Councillors Donnelly and Reynolds advised in turn that they each had enough information before them and agreed 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 as follows:-

·       NE2 (Green Belt);

·       Policy CI2 – Telecommunications Infrastructure;

·       Policy D1 - Quality Placemaking by Design;

·       Policy D2 – Landscape; and

·       Policy D4 – Historic Environment.

Other material considerations were the Scottish Planning Policy (SPP) (2014); the Planning Advice Note 62: Radio Telecommunications; the Aberdeen City and Shire Strategic Development Plan (2020) (SDP); and the Proposed Aberdeen Local Development Plan (2020).

Mr Evans responded to questions from members, specifically regarding the search undertaken for alternative suitable sites, mast sharing and the location of the nearest buildings from the proposed mast.

Members of the Local Review Body by a majority, reversed the appointed officer’s earlier decision. Planning permission was therefore granted conditionally.

The Chairperson upheld the officers decision to refuse the application for the reasons stated within the earlier decision notice, however Councillors Donnelly and Reynolds in turn, upheld the appellant’s review, both indicating that the proposal would not be excessive or result in significant adverse impact on visual amenity.

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:-

Members of the Local Review Body determined, by a majority of 2 to 1, that despite the sensitive nature of the site's location within Pitfodels Conservation Area, the proposal would not be excessive or result in significant adverse impact on visual amenity. Members considered that a compelling justification had been made for the siting of the proposed ground-based mast in this location and noted that this proposal would allow for continuity in network coverage in the context of a 'notice to quit' having been served in relation to an existing site. For these reasons, the LRB considered that the Appointed Officer's decision should be reversed in this instance.

CONDITION

1. Colour/Finish

No development pursuant to this grant of planning permission shall be undertaken until such time as full details of the colouring of both the telecoms monopole and the accompanying equipment cabinets have been submitted to and agreed in writing by the planning authority. Thereafter works should not be carried out other than in accordance with the details so agreed.

Reason: In the interests of ensuring as unobtrusive a presence as possible and thereby minimising impact on visual amenity.

-                 COUNCILLORS MARIE BOULTON AND JENNIFER STEWART, Chairpersons