Agenda item

The LRB 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 change of use to Class 1 (Shops) at Unit 2a Bridge Of Don Industrial Estate, Woodside Road, Aberdeen, Planning Reference number 211161/DPP. 

The Chairperson advised that Ms Lucy Greene 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, 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.

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 10 August 2021; (3) the decision notice dated 10 December 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’s agent; and (6) a consultee response submitted by the Roads Development Management Team.

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 it was located to the northern most of a pair of attached industrial units within an industrial estate off Woodside Road, to the north of the parkway. The unit contained two levels internally and was finished typically in metal cladding and brick.

Ms Greene advised that there was no relevant planning history and the proposal for Detailed Planning Permission was sought for change of use of the building to class one retail. The submitted plans showed that the public entrance would be on the north east elevation with car, motorcycle and bike parking in the area adjacent. The application indicated that the gross floorspace within the building would be 488m2.

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

• that Class 1 (shops) was not an acceptable use within Policy B1 (Business and Industrial Land);
• the proposal was not within a designated centre as outlined within Policy NC4 (Sequential Approach and the Hierarchy of Centres Supplementary Guidance); and
• the proposal did not meet the criteria within Policy NC5 (Out of Centre Proposals).

Ms Greene outlined the key points from the appellant’s Notice of Review as follows:-

• the proposal accorded with the Development Plan as it contributed to the vision, aims and objectives of the Strategic Development Plan, by meeting the diverse needs of different types and sizes of businesses in line with the aspirations of the ALDP policies on business and industrial land, and complied with policies NC4, NC5, D1, T2, T3 and R6 (Waste Management Requirements);
• the proposal would bring a net economic benefit to the area;
• the unit had been marketed for a considerable length of time; and
• the building was a good fit for the proposed occupier as it offered parking for bulky goods, flexible space and was accessible by all modes of transport.

In terms of consultee responses, Ms Greene advised that no response had been received from Bridge of Don Community Council and that the Roads Development Management Team had no objection to the proposal.

There were no letters of representation submitted.

Ms Greene advised that the applicant had expressed the view that the review may proceed on the basis of the information provided.

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

In terms of relevant policy considerations, Ms Greene referred to the following in the Aberdeen Local Development Plan 2017:-

·       Policy B1 – Business and Industrial Land;

·       Policy NC4 – Sequential Approach and Impact;

·       Policy NC5 – Out of Centre Proposals; and

·       Supplementary Guidance on Hierarchy of Centres.

Ms Greene responded to questions from members in relation to the change of use class and in particular, what retail could the premises be used for in the future, parking spaces and the sequential test.

Members agreed unanimously to reverse the decision of the appointed officer and to approve the application conditionally.

Members indicated that the proposal in the instance could be controlled by a condition to be included so that the premises would be limited to non-food goods, and more specifically children’s goods/furniture with a restriction on the retail floor area for other goods.

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:-

In these particular circumstances where the proposal involves the sale of non- food bulky nursery equipment and furniture,  and this is controlled by condition, the change of use is justified of this relatively small scale unit within this area zoned under Policy B1 – Business and Industry in the adopted Local Development Plan 2017, within Bridge of Don and outwith a retail centre (as designated within the Hierarchy of Centres Supplementary Guidance).

CONDITIONS

That the retail use hereby permitted shall be limited to the sale of non-food bulky goods of the following types: nursery equipment and furniture, including prams and pushchairs. The use of more than 20% of the net retail floor area for the sale of goods other than those specified shall not be permitted without the written approval of the planning authority.

Reason: In order to limit the impact of the development on retail centres.

-                 COUNCILLOR MARIE BOULTON, Chairperson