Agenda item

Members, please note that all plans and supporting documents relevant to the review can be viewed online here and by entering the application reference number 211339.

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 for the refusal of the application for Detailed Planning Permission for the change of use of road to provide an external seating area with 3 seating pods, at Red Robin Records ,13 Correction Wynd, planning reference 211339.

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 11 September 2021; (3) links to the plans showing the proposal and planning policies referred to in the delegated report; (4) the Notice of Review submitted by the applicant; and (5) letters of representation from the Aberdeen City Council’s Roads Department and Environmental Health. 

It was noted that the applicant had submitted a 30 page document with the Notice of Review which was not before the appointed officer when a decision was made, therefore this was classed as new information.  Having heard from  the Legal Officer, the LRB agreed unanimously not to accept this new information and that it would not be taken into consideration during the determination of the application.

Mr Evans then described the site and outlined the appellant’s proposal.  The application site was a rectangular area measuring c.14m2 located immediately opposite 13 Correction Wynd. The site formed part of the carriageway of Correction Wynd and was currently occupied by three timber ‘pods’, which had been placed there as part of ‘Spaces for People’ social distancing measures by the applicant, acting as additional seating area for their café Red Robin Records at 13 Correction Wynd. The timber pods measured c.2m by c1.2m with an overall height of c.1.9m. They had two opening doors facing out onto the pavement, and high-level windows in the side and rear elevations. The ‘pods’ were finished in a painted graphic design incorporating the logo of the café. The site lay within the City Centre Conservation Area, and was located between the curtilage of the A-listed St Nicholas churchyard and category B and C-listed buildings along Correction Wynd.

In terms of the proposal, Mr Evans advised that Detailed Planning Permission was sought for a change of use of part of the carriageway to an external seating area and the installation of three timber pods on the carriageway of Correction Wynd, immediately adjacent to the pavement and opposite to 13 Correction Wynd which currently traded as ‘Red Robin Records’. The pods were constructed of timber and painted in various colours, had a mono-pitched roof and measured c.2m by c.1.2m by a height varying between c.1.7m and c.1.9m. The application was retrospective and permission was sought for a period of five years.

Mr Evans indicated that the appointed officer’s reasons for refusal outlined in the report of handling was as follows:-

·       The proposed works were considered to have a detrimental impact on the character and appearance of the Union Street Conservation Area and the setting of various adjacent listed buildings due to the design, materials, and finishes of the pods.

·       It was considered to be contrary to policies D1 (Quality Placemaking by Design) and D4 (Historic Environment), of the 2017 Aberdeen Local Development Plan (ALDP), policies D1 (Quality Placemaking), D6 (Historic Environment) of the 2020 Proposed ALDP; the draft City Centre Conservation Area Character Appraisal and relevant sections of Scottish Planning Policy and the Historic Environment Policy for Scotland (HEPS).

·       The proposed siting of the pods would obstruct driver visibility along Correction Wynd and also from the pend serving the parking /servicing area to the rear of Correction Wynd, impacting on safety. The development was thus contrary to policy T2 (Managing the Transport Impact of Development) of the 2017 ALDP, and policy T2 (Sustainable Transport) of the 2020 Proposed ALDP; and Supplementary Guidance on Transport and Accessibility.

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

·       The structures were originally erected during Covid-19 pandemic, when Scottish Government had endorsed a more flexible approach to such outdoor areas;

·       Applicant was advised to formally seek planning permission in light of Covid related restrictions easing;

·       The applicant had expected the application to be straightforward, assuming that any roads issues had been considered at the time of initial discussions with Aberdeen City Council;

·       Highlighted that there had been no known issues or complaints regarding the siting of the pods whist they have been in situ;

·       Applicant queried whether the site lay within the Union Street Conservation Area; and

·       Contends that it was not highly visible from Union Street.

In terms of Consultations, Mr Evans advised that the Council’s Roads Team  objected to the proposed application due to various concerns and Environmental Health suggested that no outdoor music be allowed and the operating hours finish at 10pm. 

Mr Evans advised that the applicant had expressed the view that a site visit should take place before determination. 

The Chairperson and Councillors Donnelly and Mason all indicated in turn that they each 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, Mr Evans referred to the Aberdeen Local Development Plan 2017.

Mr Evans responded to various questions from members, which included various questions on road safety concerns and visibility in the local area in regards to the structures. 

Members each advised in turn and by majority agreed to uphold the officer’s earlier decision.  Planning permission was therefore refused.  The Chairperson and Councillor Mason opted to refuse the application and Councillor Donnelly voted to approve 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:-

That the change of use of part of the public road carriageway to form an external seating area including the installation of three timber pods for a period of five years was considered to have a detrimental impact on the character and appearance of the Union Street Conservation Area and the setting of various adjacent category A-, B-, and C-listed buildings and their curtilages due to the design, materials, and finishes of the pods. The development was thus contrary to policies D1 (Quality Placemaking by Design) and D4 (Historic Environment), of the 2017 Aberdeen Local Development Plan, policies D1 (Quality Placemaking), D6 (Historic Environment) of the 2020 Proposed Local Development Plan; the draft City Centre Conservation Area Character Appraisal and relevant sections of Scottish Planning Policy and the Historic Environment Policy for Scotland (HEPS).

That the proposed siting of the pods would obstruct driver visibility both along Correction Wynd and from the pend serving the parking /servicing area to the rear of Correction Wynd, impacting on safety. The development was thus contrary to policy T2 (Managing the Transport Impact of Development) of the 2017 Aberdeen Local Development Plan, and policy  T2 (Sustainable Transport) of the 2020 Proposed Local Development Plan; and Supplementary Guidance on Transport and Accessibility.