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 application for the formation of dormers to the front and rear and installation of replacement windows at 25 Albury Place Aberdeen, 210860/DPP. 

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 Ms Lucy Greene who would be acting as the Planning Adviser to the Body in the following case under consideration this day.

The Chairperson stated that although the Planning Adviser was employed by the planning authority, she 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 the Appointed Officer, Aberdeen City Council; (2) an application dated 1 July 2021; (3) the decision notice dated 3 November 2021; (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. 

The LRB was then addressed by Ms Greene 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.

Ms Greene then described the site advising that the application site is the upper floor flat within a two storey traditional granite semi detached building and was located within the Ferryhill Conservation Area.  To the front of the site us Albury Sports Ground, whilst to the rear of the building is surrounded by other residential buildings.

In terms of the proposal, detailed planning permission was sought for the erection of dormers to the front and rear of the roof and the replacement of windows and the blocking up of a window opening in the north gable.  The proposed front dormer would be 4.3m in length, 2m high and 3.9m deep and would be set 700mm from the mutual boundary and from the bay window, 300mm below the ridge.  It would be contemporary in design and finished in zinc and the front would be glazed with grey PVC windows. 

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

·       There the proposed dormer would have a significant detrimental impact on the character of the are, due to its inappropriate design which is incongruous with the surrounding traditional and historic context and contrary to guidance within the Householder Design Guide;

·       The proposal would cause significant harm to the character of the Ferryhill Conservation Area and failed to accord with the statutory duty to have regard to the preservation and enhancement of the character and appearance of the Conservation Area and would conflict with Policies D1 – Quality Placemaking by Design, D4 – Historic Environment and H1 – Residential Areas of the Aberdeen Local Development Plan 2017; and

·       Was contrary to the Scottish Planning Policy and Historic Environment Policy for Scotland, as well as the Managing Change Guidance.

Ms Greene outlined the key points from the appellant’s Notice of Review advising that:-

·       The proposed front dormer would not result in loss of any significant architectural features;

·       The proposed dormer was architecturally compatible with in size and design, with the existing property, as per the Householder Design Guide and was not detrimental to the character of the Conservation Area;

·       There were several examples of box dormers on the front elevations on properties on the street and in other Conservation Areas;

·       The proposed materials are zinc and grey roof membrance, both suitable within a Conservation Area; and

·       The sympathetic alterations made this suitable for a young family by creating a bedroom.

In terms of consultee responses, Ms Greene advised the following:-

·       Three objections were received and the reasons for objection included (1) the rear dormer would negatively impact on privacy and there would be overlooking and (2) the design would not be in keeping with other properties on Albury Place.

She advised that there was no response from the Ferryhill and Ruthrieston Community Council or concerns from other .

Ms Greene advised that the applicant had expressed the view that no further procedures were required before determination.

At this point, the LRB considered whether they had sufficient information before them to proceed to determine the review. 

The Chairperson and Councillors Mason and Bell all indicated in turn that they each had enough information before them and that the review under consideration should be determined without further procedure.

Ms Greene outlined the relevant policy considerations, making reference to:-

·       Aberdeen Local Development Plan 2017;

-        H1: Residential Areas; and

-        D1: Quality Placemaking by Design;

-        D4:  Historic Environment

·       Supplementary Guidance – Householder Development Guide

-          General Principles relating to extensions;

·       Scottish Planning Policy;

·       Historic Environment Policy for Scotland (HEPS);

·       Historic Environment Scotland – Managing Change – roofs

·       Ferryhill Conservation Area Character Appraisal

Ms Greene explained 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 Scottish Planning Policy would be material considerations.

She indicated 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.

Ms Greene responded to various questions from members.

The Chairperson and Councillors Bell and Mason each 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 works would not constitute overdevelopment, would not result in the loss of any open space and would not adversely affect the amenity of the surrounding area. However, the proposed front elevation dormer would have a significant detrimental impact on the character of the area and is contrary to the supplementary guidance contained in the Householder Development Guide. The proposed works are thus contrary to Policy H1 (Residential Areas) of the Aberdeen Local Development Plan 2017 (ALDP). The front elevation dormer would be of an inappropriate design, incongruous with the surrounding traditional and historic context, contrary to Policy D1 (Quality Placemaking by Design) of the ALDP, and the works would cause significant harm to the character and appearance of the Ferryhill Conservation Area, contrary to the aims of Scottish Planning Policy, Historic Environment Policy for Scotland, as well as the Managing Change guidance and Policy D4 (Historic Environment) of the ALDP. The works also fail to comply with the corresponding Policies H1, D1 and D6 of the Proposed Aberdeen Local Development Plan 2020.