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 220919.

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 to refuse the application for the change of use to provide an external seating area with three seating pods on road to the front of 13 Correction Wynd, Aberdeen, AB10 1HP, Planning Reference number 220919/DPP. 

Councillor Boulton as Chair for this item only, gave a brief outline of the business to be undertaken, advising that the LRB would be addressed by the Assistant Clerk, Mr Mark Masson with regards to the procedure to be followed and thereafter, by Ms Lucy Greene 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, 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.

The Local Review Body was then addressed by Mr Masson, 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 21 July 2022; (3) the decision notice dated 14 September 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) a consultee response submitted by the Roads Development Management Team.

Ms Greene then described the site and advised that it was a rectangular area extending to c.14m2 immediately in front of 13 Correction Wynd. The site formed part of the old carriageway of Correction Wynd. The site had a historic setting and character, and was located within the city centre boundary and the

City Centre Conservation Area, and was located between the curtilage and boundary wall of the A-listed Churchyard and category B and C listed buildings along Correction Wynd.

Ms Greene outlined the appellant’s proposal which sought planning permission for a change of use of part of Correction Wynd 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 (café and record shop). The pods were constructed of timber and painted in various colours, have a mono-pitched roof and measure c.2m by c.1.2m by a height varying between c.1.7m and c.1.9m.

She indicated that the appointed officer’s reasons for refusal outlined in the decision notice was 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 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); and

·       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.

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

• Point made that the area was now a pedestrian priority area, with access further limited;
• Sight lines should not be a reason for refusal. The access was through a pend which made sight lines impossible to achieve;
• Councillors at previous LRB felt sight lines could be addressed;
• Design and finish of pods could be adjusted;
• There were other similar structures within the Conservation Area;

• Requested that LRB watch previous LRB to understand case;
• Proposal would provide sheltered outdoor seating and allow café to expand and before moving to bigger premises if successful;
• There had been no complaints from neighbours;
• Highlighted that levels of traffic on Correction Wynd were very low;
• That there were no parking bays on Correction Wynd;
• Costs of applications, seating and other financial implications of running café in challenging times; and
• Small businesses should be supported.

Ms Greene made reference to consultee responses from the Roads Development Management Team and Environmental Team. She indicated that no comments were submitted by the Community Council.Two letters of objection were submitted on the basis that it was an inappropriate use of public space; would be an ugly addition to the street without architectural merit; and it would detract from the area and should not be built on a public highway.

In terms of history there was an application refused in December 2021 and subsequently the LRB upheld that decision.

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 Clark and Cooke 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 and the proposed Local Development Plan 2020.

Ms Greene responded to questions from members in relation to parking/disabled parking.

The Chairperson and Councillors Clark and Cooke 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:-

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 are 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 is 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 is 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, National Planning Framework 4 (NPF4) 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 is thus contrary to Supplementary Guidance on Transport and Accessibility.