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 220667.

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 Detailed Planning Permission for the installation of solar panels to the roof at 1 Westerton Road Aberdeen, planning reference 220667.

The Chairperson stated that although the Planning Adviser for the LRB 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 and decision notice by the Appointed Officer, Aberdeen City Council; (2) an application dated 25 May 2022 (3) links to the plans showing the proposal and planning policies referred to in the delegated report; (4) a response from one statutory consultee and (5) the Notice of Review submitted by the agent. 

Ms Greene then described the application site and noted the site consisted of a two-storey semi-detached dwelling with a one and three-quarter storey extension on the east elevation, located in a residential area and the Pitfodels Conservation Area. The dwelling adjoined 2 Westerton Place to the west and a detached dwelling to the east with a south-facing principal elevation that fronts onto Westerton Place; a cul-de-sac that also serves 1 to 5 Westerton Place. The rear elevation bounded a public lane to the north that formed part of the Green Space Network and Urban Green Space that sat parallel to Deeside Way, used as a public footpath. In terms of the roof space, there was an existing rooflight on the roof on the front elevation.

In regards to the proposal, Ms Greene advised that planning permission was sought for the installation of 13 solar panels on the south-facing roof of the existing dwelling and extension. The proposed panels would each have a width of 1.13m, a length of 1.72m and sit 213mm in height above the existing roof plane and would be finished with black frames

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

The proposal had not sufficiently justified the requirement for solar panels and alternative thermal efficiency improvements had not been adequately explored. The proposed panels were not considered to be in a discreet location or in their design as they sit on the principal elevation of a historic building, protruding from the roof slope and would therefore have a negative and adverse impact on the character and appearance of the historic building, as well as the Pitfodels Conservation Area.

The overall proposal was therefore not considered appropriate in the context of the site. As such, the proposal was not considered to comply with Policy H1: Residential Areas, Policy D1: Quality Placemaking by Design, Policy D4: Historic Environment and Policy R8: Renewable and Low Carbon Energy Developments of the Aberdeen Local Development Plan, the Householder Development Guide Supplementary Guidance and the relevant policies of the Proposed Aberdeen Local Development Plan 2020 as well as Historic Environment Policy for Scotland, Managing Change in the Historic Environment: Micro-renewables and Managing Change in the Historic Environment: Roofs.

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

•       The panels would be grey on a grey roof, and not raised high.

•       They would complement the building.

•       The Energy Saving Trust assess insulation and existing energy savings prior to approving loan.

•       The house was heated by gas and electricity from panels and would be used for electric vehicle charing as well as none heating needs.

•       Solar panels would reduce CO2 emissions as use of grid electricity would decrease – with grid electricity largely coming from burning gas.

Ms Greene advised that the applicant had expressed the view that no further procedure should take place before determination. 

In terms of the further procedure, the Chairperson and Clark and van Sweeden 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 Aberdeen Local Development Plan 2017.

Ms Greene responded to various questions from members.

Members each advised in turn and unanimously agreed to uphold the appointed officers  decision.  Planning permission was therefore refused.   

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 proposal had not sufficiently justified the requirement for solar panels and alternative thermal efficiency improvements had not been adequately explored. The proposed panels were not considered to be in a discreet location or in their design as they sat on the principal elevation of a historic building, protruding from the roof slope and would therefore have a negative and adverse impact on the character and appearance of the historic building, as well as the Pitfodels Conservation Area. The overall proposal was therefore not considered appropriate in the context of the site. As such, the proposal was not considered to comply with Policy H1: Residential Areas, Policy D1: Quality Placemaking by Design, Policy D4: Historic Environment and Policy R8: Renewable and Low Carbon Energy Developments of the Aberdeen Local Development Plan, the Householder Development Guide Supplementary Guidance and the relevant policies of the Proposed Aberdeen Local Development Plan 2020 as well as Historic Environment Policy for Scotland, Managing Change in the Historic Environment: Micro-Renewables and Managing Change in the Historic Environment: Roofs.

-       Councillor Dell Henrickson, Chairperson