Agenda item

The Local Review Body 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 formation of a driveway to the rear at 128 Hammerfield Avenue Aberdeen, 211190/DPP.

The Chairperson advised that the LRB would again be addressed by Ms Greene and reminded Members that although Ms Greene 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.

Ms Greene advised that 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 17 August 2021; (3) the decision notice dated 28 October 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) comments made from representations. 

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 was the rear garden of an upper floor flat within a two storey building which contained two flats and fronted onto Hammerfield Avenue.  The garden was bounded at the rear end by a lane serving properties along Hammerfield Avenue and Duthie Terrace.  There was a granite wall bounding the rear garden.

In regards to the proposal, Ms Greene explained that the applicant had proposed to remove a section of the granite boundary wall measuring 2.7m wide.  This, along with the removal of existing bushes, would accommodate the proposed driveway which would measure 3m by 5m and would have a porous paver finish.  It was noted that a mirror was to be mounted on top of the boundary wall to give views of oncoming vehicles and pedestrians along the lane.  Ms Greene advised that planning permission was not required for the demolition of the existing boundary wall.

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

·       The proposed driveway would result in an unacceptable impact on road safety;

·       The proposal was contrary to the Supplementary Guidance: “Transport and Accessibility” and therefore with the provisions of T2 (Managing the Transport Impact of Development) of the ALDP and Policy T3 (Parking) of the Proposed LDP 2020 relating to the location of the proposed access; and

·       The proposals would detract from the character of the coach house, which contributed significantly to the special historic architectural interest of the listed building and the rear lane of the terrace.

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

·       The were very few vehicles using the lane;

·       Vehicles approaching from Duthie Terrace would be able to see the driveway from a distance of over 50m and any vehicle exiting the drive would similarly see those approaching from Duthie Terrace;

·       Vehicles approaching from the north would need to slow down to 5-10mph to navigate the corner and would be travelling very slowly when approaching the site;

·       Vehicles exiting the driveway would have use of a proposed mirror mounted on a pole; and

·       The applicant wishes to buy an electric vehicle and the proposal would make charging easier. 

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

·       ACC Roads Development Management – concerns regarding complex turning manoeuvres being undertaken close to a junction, however as the proposal was on a private road, the roads authority could not object to the proposal;

·       Five representations were received both in support and objecting.

She advised that there was no response from the Braeside and Mannofield Community Council.

Ms Greene advised that the applicant had expressed the view that a site visit should take place 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;

-        T2:  Managing the Transport Impact of Development

·       Supplementary Guidance – Transport and Accessibility

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 overturn the decision of the appointed officer to refuse the application and therefore approve the application unconditionally.

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 driveway would not result in an unacceptable impact on road safety. The proposal would not be contrary to Policy H1 – Residential Areas, and would accord with Policy T2- Managing the Transport Impact of Development both policies within the adopted Aberdeen Local Development Plan, and would accord with Policy T3 in the Proposed Aberdeen Local Development, being also in accordance with Supplementary Guidance: Transport and Accessibility.