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 formation of a driveway to the front with associated landscaping (partially retrospectively) at 341 Great Western Road Aberdeen, 210799/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 2 June 2021; (3) the decision notice dated 2 September 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/agent.

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 site included a detached traditional building with frontage onto Great Western Road and the building had been used as an office since 2012 and the area to the front had been recently resurfaced, with the loss of a small garden area.  The site also falls within the Great Western Road Conservation Area.

In terms of the proposal, it was noted that the application was for the formation of the driveway to the front with associated landscaping and was partially retrospective as the driveway had already been formed when the entire frontage was resurfaced in tarmac.  Ms Greene advised that the plans submitted showed parking within the east part of the frontage area had been in existence in excess of ten years and the parking use was therefore exempt from enforcement and can continue.  The applicant was however seeking permission for this together with the reintroduction of the garden area to the west.

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

·       The tarmac was not an acceptable finishing material in the Conservation Area, being detrimental to its character and appearance;

·       The proposal failed to comply 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 of the Local Development Plan 2017 and the Transport and Accessibility Supplementary Guidance;

·       It was contrary to Scottish Planning Policy and Historic Environment Policy for Scotland as well as the Managing Change Guidance:  Settings and the Great Western Road Conservation Area.

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

·       Other properties within the same Conservation Area have completed tarmac covered frontages area with no landscaping or drainage;

·       The compromise of the applicant in proposing to reinstate the landscaped area, had not been taken into account;

·       The applicant had been advised that a pathway must be incorporated between the front door and pavement, however the reason for this had not been explained and it would reduce parking;

·       The work was carried out due to the unsafe nature of the former concrete and gravel areas.

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

·       ACC Roads Development Management – no concern regarding the access or parking, however, in respect of the surface there was a concern about the lack of drainage, however this was subsequently incorporated and exists on site;

She advised that there was no response from the Ashley and Broomhill Community Council.

Ms Greene advised that the applicant had expressed the view that no further procedure was required before a determination could be made.

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 – Transport and Accessibility

·       Historic Environment Policy for Scotland

·       Historic Environment – Managing Change – Settings

·       Great Western Road 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 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:-

On balance, and mindful of the duty to preserve the character of Great Western Road Conservation Area, it is considered that the variety of driveways and surface finishes within the area mean that the use of tarmac would not be out of keeping and would not have a negative impact on the character and appearance of Great Western Road Conservation Area. 

-        Councillor Marie Boulton, Convener