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 211459.

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 from amenity space to footway crossing and formation of driveways with associated works at 15-21 Brebner Crescent Aberdeen, planning reference number 211459/DPP. 

The Chairperson advised that Ms Lucy Greene would 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.  The Chairperson 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 (ACC); (2) the original application dated 14 October 2021; (3) the decision notice dated 13 January 2022; (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; (6) a consultee response submitted by the Roads Development Management Team (ACC); (7) a letter of representation and (8) a letter from Jackie Dunbar MSP.

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 comprised four residential dwelling, their front and rear curtilage, 50sqm area of amenity space and the section of footway between the residential boundaries and the amenity space.  The site is located at the south end of a cul-de-sac of Brebner Crescent in a residential area and the road terminates to the north of the amenity space.  The amenity space comprised one half of a larger area of amenity space at the end of the cul-de-sac which comprised short cut grass.  Brebner Crescent and the wider area had a large number of similar areas of open space in and around the streetscape.  The front curtilage of 15, 17 and 19 Brebner Crescent are already hard surfaced and they have been used as driveways by vehicles crossing the amenity space and the footway. 

In terms of the appellant’s proposal, Ms Greene advised that detailed planning permission was sought for the change of use of the amenity land at the northwest corner of the site to form a footway crossing that would allow access to single driveways to each of the four residential dwellings on the application site.  The amenity space would be replaced with Grasscrete units planted with grass on hardcore.  Vehicles would access the driveways by way of a dropped kerb, the newly formed footway crossing and by crossing the footway.  The driveways would be finished in paving slabs within the closest 2m to the footway which would slope away from the footway and loose chippings beyond this.  The alterations to the hard surfaces within the front curtilage of the dwellings would not necessarily require planning permission as they would fall within the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, as amended.

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

• The proposed change of use to a footway crossing and associated formation of driveways would result in the loss of valued area of open space which contributed to the character and sense of place of the surrounding area and had informal recreational value.  The proposed footway crossing and the surface material would detract from the visual amenity and planned layout of the streetscape. 
• The proposal would adversely affect road and pedestrian safety in that vehicles parking at 15 and 17 Brebner would likely need to manoeuvre over the driveways which could impede their access as well as result in vehicles overhanging the footway.   The unusual shape and width of the driveway at 15 Brebner Crescent would very likely result in cars not parking perpendicularly to the footway.
• The proposal would result in the loss of three on-street parking spaces to facilitate private parking provision, to the detriment of the public in the surrounding area. Notwithstanding every planning application is assessed on its own merits, the proposal would very likely set an unwelcome precedent for similar proposals in the area to remove public open spaces for private parking provision, which would significantly detract from the character and amenity of the surrounding area. Furthermore, it could set a precedent for parking arrangements in the area which are unsafe for pedestrians and road users.
• The proposal would therefore conflict with Policies D1 - Quality Placemaking by Design, NE3 - Urban Green Space and H1 - Residential Areas of the adopted Aberdeen Local Development Plan 2017; the Supplementary Guidance: 'Transport and Accessibility'; and Policies D1 - Quality Placemaking, NE2 - Green and Blue Infrastructure, T3 - Parking and H1 - Residential Areas of the Proposed Aberdeen Local Development Plan 2020.

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

·       In relation to loss of open space the applicant would be happy to remove the entire area of green space as the area had become devalued and the proposal would restore amenity;

·       The applicant explained that the original houses were built when fewer cars were in operation;

·       Suitable driveways lengths were achievable and although users of driveway at number 17 would have to cross to number 15, this could be done safely;

·       In regards to loss of on street parking, the applicant stated that number 31 had a driveway approved effectively removing three spaces and number 13 could also both without planning permission.  This would remove a further 3 spaces.  The proposal would result in a gain of 4 spaces. 

·       In regards to precedent the applicant highlighted that proposals must be considered on their own merits and noted some residents already had driveways.  Vehicular and pedestrian safety would not be worse than currently and driveways have been established in similar situation in other cul-de-sacs with little or no duplication. 

·       The proposals would allow charging of electric cars; and

·       Driveways could be surfaced to allow for drainage and reduce environmental impact. 

Ms Greene advised that a response was received from Roads Development Management Committee which recommended refusal of the application, a neutral letter from a member of the public and also a letter from Jackie Dunbar MSP. 

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 Bell and Henrickson 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, Ms Greene referred to the following in the Aberdeen Local Development Plan 2017:-

·       Policy D1 - Quality Placemaking by Design

·       Policy D2 – Landscape

·       Policy H1 – Residential Areas

·       Policy CF2 – New Community Facilities

·       Policy T5 – Noise

·       Policy T3 – Sustainable and Active Travel

·       NE3: Urban Green Space

·       NE5: Trees and Woodland

·       NE6: Flooding, Drainage & Water Quality

·       NE9: Access and Informal Recreation

Ms Greene responded to questions from members regarding the loss of green space in the area, the access and egress from the properties and the principle of the proposal. 

The Chairperson and Councillors Bell and Henrickson each advised in turn and unanimously agreed to uphold the appointed officer’s earlier decision to refuse the planning permission.

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 change of use to a footway crossing and associated formation of driveways would result in the loss of valued area of open space which contributed to the character and sense of place of the surrounding area and had informal recreational value.  The proposed footway crossing and the surface material would detract from the visual amenity and planned layout of the streetscape. 
• The proposal would adversely affect road and pedestrian safety in that vehicles parking at 15 and 17 Brebner would likely need to manoeuvre over the driveways which could impede their access as well as result in vehicles overhanging the footway.   The unusual shape and width of the driveway at 15 Brebner Crescent would very likely result in cars not parking perpendicularly to the footway.
• The proposal would result in the loss of three on-street parking spaces to facilitate private parking provision, to the detriment of the public in the surrounding area. Notwithstanding every planning application is assessed on its own merits, the proposal would very likely set an unwelcome precedent for similar proposals in the area to remove public open spaces for private parking provision, which would significantly detract from the character and amenity of the surrounding area. Furthermore, it could set a precedent for parking arrangements in the area which are unsafe for pedestrians and road users.
• The proposal would therefore conflict with Policies D1 - Quality Placemaking by Design, NE3 - Urban Green Space and H1 - Residential Areas of the adopted Aberdeen Local Development Plan 2017; the Supplementary Guidance: 'Transport and Accessibility'; and Policies D1 - Quality Placemaking, NE2 - Green and Blue Infrastructure, T3 - Parking and H1 - Residential Areas of the Proposed Aberdeen Local Development Plan 2020;