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 211549.

The LRB then considered the second 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 installation of replacement windows, erection of outbuildings, formation of steps, handrails, hard and soft landscaping, erection of rear fence, and associated works (partly retrospective) at 68 Rubislaw Den South, Aberdeen, Planning Reference number 211549/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.  He 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 29 October 2021; (3) the decision notice dated 24 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’s agent; and (6) four letters of representation.

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 on Rubislaw Den South close to the junction with Anderson Drive. The application was approved and included works within the rear garden area, building walls, gazebo and landscaping. As the applicant had pedestrian access only from the front, they had agreed with number 70 to take access via their garden and through the granite rubble wall. The site was located within the Albyn Place/Rubislaw Conservation Area, with the boundary being the edge of the road. The property was Category C listed and subdivided into two flats, with the application premises being the upper section. A listed building consent was submitted for the works covered by the planning application and was approved subject to the same condition which was the subject of the review as follows:-

Within 3 months of the grant of this consent the granite wall located along the western boundary shall be reinstated to its original condition and as detailed on Drawing No: D93 15 A. Reason: To ensure the timeous and appropriate restoration of the site and in the interests of preserving granite on site and providing a suitable level of private amenity for neighbouring properties; therefore, ensuring compliance with Policies D1 (Quality Placemaking by Design), D5 (Our Granite Heritage) and H1 (Residential Areas) of the Aberdeen City Local Development Plan.

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

·       that the application was approved on 24 January 2022, 3 months for reinstatement of wall run from that date;

·       the applicant sought to extend the date for reinstatement;

·       the opening through wall was the only feasible access;

·       that the applicant intended to fully reinstate wall; and

·       that the applicant sought the timescale of 8 months from approval (24 September 2022)

Ms Greene advised that there were no comments submitted from the Community Council, nor any other consultee responses and that there was one objection, which included that the communal wall be knocked down without the correct permission or notice.

Ms Greene advised that the applicant had expressed the view that no further procedure was required.

The Chairperson and Councillors Allard and Thomson 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:-

·       The site was situated within a residential area where policy H1 was relevant. This allowed for approval of residential related proposals in principle, subject to a number of criteria, one of which related to the character and amenity of the area;

·       Policy D4 – sought to preserve the character of the conservation area, of which walls are an important feature;  and

·       Policy D5 – sought the retention of granite features.

Ms Greene responded to questions from members in relation to the reinstatement time scale for works.

The Chairperson and Councillors Allard and Thomson each advised in turn and unanimously agreed tovary the appointed officer’s earlier decision and to therefore grant planning permission 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 were as follows:-

The variation to the condition would result in the proposals maintaining the listed building's original character and setting and would preserve the character and appearance of the Albyn Place and Rubislaw Conservation Area in line with legislative requirements, Scottish Planning Policy and Historic Environment Policy for Scotland. The proposal therefore accords with Policies D1 (Quality Placemaking by Design), D4 (Historic Environment), D5 (Our Granite Heritage) and H1 (Residential Areas) of the current Aberdeen Local Development Plan 2017; the Supplementary Guidance: ‘The Householder Development Guide' and 'The Repair and Replacement of Windows and  Doors'; and Policies D1, D2, D6, D7, D8 and H1 of the proposed Aberdeen Local Development Plan 2020.

CONDITION

Within 8 months of the date of approval of the planning permission (24.01.22), the granite wall located along the western boundary shall be reinstated to its original condition and as detailed on Drawing No. D93 15A.

Reason: To ensure the timeous and appropriate restoration of the site and in the interests of preserving granite on site and providing a suitable level of private amenity for neighbouring properties; therefore, ensuring compliance with Policies D1 (Quality Placemaking by Design), D5 (Our Granite Heritage) and H1 (Residential Areas) of the Aberdeen City Local Development Plan 2017.