Agenda item

PLEASE NOTE THAT MEMBERS WILL ATTEND A SITE VIST AT 10AM IN RELATION TO THIS APPLICATION. 

With reference to article 2 of the minute of the Local Review Body of 6 October 2021, whereby Members agreed to hold a site visit before determination, 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 partial conversion of an existing coach-house to domestic garage including erection of single storey extension; installation of replacement door; formation of garage door and installation of electric vehicle charging point to rear, at 9 Marine Terrace Aberdeen. 

Councillor Boulton as Chair for the meeting, 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 thereafter, by Mr Gavin Evans 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, 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.

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 14 May 2021; (3) the decision notice dated 13 July 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’s agent.

Mr Evans then described the site and outlined the appellant’s proposal which sought planning permission for the  partial conversion of an existing coach-house to domestic garage including erection of single storey extension; installation of replacement door; formation of garage door and installation of electric vehicle charging point to rear. 

The application site related to a one-and-a-half storey plus basement, mid-terraced dwellinghouse designed by Archibald Simpson and built in 1837, and its associated front and rear curtilage. This dwelling – and the entire terrace – was Category B Listed and was located within the Marine Terrace Conservation Area. To the rear of the property, there was a large garden spanning approximately 537sqm. At the far end of the plot, to the west, was a mews coach house, to which this application relates, accessed via Marine Lane. The building spans the entire width of the plot, measuring c.13m in width, 5.5m in length and 6m in height. The coach house was possibly originally used as stables and hayloft, ancillary to the main dwellinghouse.  Previously, it had been used as ancillary residential accommodation, which saw the most recent alterations carried out to the building.  Currently, the coach house was used for storage purposes.

Mr Evans advised that Detailed Planning Permission (DPP) was sought for the partial conversion of the existing coach house to a domestic garage including the erection of a single storey extension; the installation of a replacement door; the formation of a garage door and the installation of an electric vehicle charging point to the rear. While it was proposed to convert part of the existing coach house to a domestic garage, the remainder of the building would be retained for storage purposes. In order to accommodate the garage, it was proposed to erect a single storey extension on the east elevation of the coach house.  This flat roofed extension would measure 1.3m in length and 6.9m in width, with a height of 2.5m and would be finished with timber cladding. On this elevation, it was also proposed to replace the existing aluminium sliding doors with timber framed double doors.  On the west elevation it was proposed to remove the existing timber doors and create a further c.3.8m wide opening to allow for the installation of a 5m wide horizontal sliding sectional timber garage door. Additionally, the existing timber slats and hayloft door would be refurbished.

Mr Evans indicated that the appointed officer’s reasons for refusal outlined in the decision notice was as follows:-

The proposed works would detract from the character of the coach house which contributes significantly to the special historic and architectural interest of the listed building and the rear lane of the terrace - by reason of the excessive removal of historic fabric, including granite, and alteration of the form of the building. Thus, the proposal failed to accord with the statutory duty to have regard to the preservation and enhancement of the character and appearance of the Marine Terrace Conservation Area and would conflict with Policies D1 - Quality Placemaking by Design, D4 - Historic Environment, D5 - Our Granite Heritage and H1 - Residential Areas of the Aberdeen Local Development Plan 2017, and with Scottish Planning Policy and Historic Environment Policy for Scotland, notably HEP4 in which detrimental impact had not been demonstrated to be minimal.

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

·       Proposal complied with the vision and aims of the SDP, the relevant Policies of the LDP, including Policies H1, D4, D5, and D1, and relevant provisions of the associated Supplementary Guidance;

·       Would have no adverse impact on the listed terrace, or on any individual elements within that;

·       Would have no impact on the character and appearance of the Marine Terrace Conservation Area by virtue of its location on a rear lane with no through access;

·       Was consistent with the principles of SPP and HEPS in terms of facilitating positive change in the historic environment;

·       Complied with the requirements of the relevant Historic Environment Scotland Managing Change Guidance notes;

·       On the basis that the application was supported by the Development Plan, and no material considerations indicate otherwise, it was submitted that the Review should be allowed and the application approved;

·       Points to the recent approval of application 201069/DPP as demonstrating that later additions to a listed property would not necessarily have the same special architectural or historic interest as the main building(s) with which they were associated; and

·       Highlighted the lack of any objection from neighbours or statutory consultees.

Mr Evans advised that no new matters had been raised in the Notice of Review.    In terms of consultee responses, Mr Evans advised that the Roads Development Management Team indicated that they had no concerns with the proposal.

No response had been received from the Ferryhill and Ruthrieston Community Council and there were no letters of representation submitted.

In terms of relevant policy considerations, Mr Evans referred to the Aberdeen Local Development Plan, the Householder Development Guide and the Marine Terrace Conservation Area Character Appraisal.

Mr Evans responded to various questions from members where Members advised that the site visit had been very beneficial and had answered a lot of their queries. 

Members each advised in turn and unanimously agreed to overturn the appointed officer’s earlier decision to refuse the planning permission and approved the application conditionally.

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 are as follows:-

Members of the Local Review Body (LRB) considered that the proposal would be sympathetic to its context and as a result a new purpose being found for this traditional granite coach house, consistent with policy D4 (Historic Environment) and the criteria set out in the relevant 'Householder Development Guide' Supplementary Guidance.

Members noted that alterations to Marine Lane are largely confined to the formation of a new garage door opening and that this would be in roughly the location of a historic opening which is presently blocked up and rendered. The size of the new opening was not considered to be excessive, and would allow for satisfactory access from the rear lane whilst achieving the minimum dimensions set out in the relevant 'Transport and Accessibility' Supplementary Guidance.

The extension on the garden side of the building was considered to be of an appropriate scale, design and materials and superior to many others in the immediate locale, with no visual impact outwith the contained rear garden. Overall, the proposal was felt to enhance the building and allow for it to remain in active use, safeguarding its long term future. Support was also expressed for the inclusion of EV charging infrastructure and the re-use of granite downtakings from the alteration of the building, consistent with policies D4 (Our Granite Heritage).

CONDITIONS

1. Scheme for re-use of granite

That no development pursuant to this grant of planning permission shall take place unless a detailed scheme for the appropriate re-use of granite downtakings within the development has first been submitted to and approved in writing by the planning authority.

Thereafter, no development shall take place unless in full accordance with the scheme so agreed.

Reason: To ensure compliance with policy D5 (Our Granite Heritage) of the Aberdeen Local Development Plan.

2. Finishes / Materials

That no development shall take place unless a scheme detailing all external finishing materials to the roof and walls of the development hereby approved has been submitted to, and approved in writing by, the planning authority and thereafter the

development shall be carried out in accordance with the details so agreed.

Reason: in the interests of visual amenity and to ensure compliance with policy D1 (Quality Placemaking by Design) of the Aberdeen Local Development Plan.