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 211759.

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 Detailed Planning Permission for the formation of a surface car park, at land off Dyce Avenue Aberdeen, planning reference number 211759. 

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 14 December 2021 (3) links to the plans showing the proposal and planning policies referred to in the delegated report; (4) various responses from statutory consultees and (5) the Notice of Review submitted by the agent. 

Ms Greene then described the application site and noted that the application related to an area of vacant ground within what was known as Aberdeen Business Park, forming part of the wider Kirkhill Industrial Estate and other business and industrial land surrounding Aberdeen International Airport. The site extended to 0.69 hectares and comprised scrub, tall ruderal species and areas of rough grass. It was surrounded by built development, with the airport staff car park and small industrial units to the east (both accessed from Argyll Close); a warehouse to the south (accessed from Dyce Avenue); a car park to the west associated with an industrial use located on the opposite side of Thistle Road; and to the north by other business units set within landscaping, accessed from Thistle Road. There was an electricity substation immediately to the north and a telecommunications mast to the east. There was an informal and unmade footpath which crosses the southern part of the site from east to west, connecting the Jury’s Inn Hotel car park and Dyce Avenue.

In regards to the proposal, Ms Greene advised that Detailed planning permission was sought for the construction of a 274-space car park. It was intended that it would serve both airport passengers as well as workers from the surrounding business and industrial uses within Kirkhill. The car park would be finished in a hard surface and have areas of landscaping around its edges. Access and egress would be via a new junction onto the turning circle at the eastern end of Dyce Avenue. Drainage trenches would be provided in-between the car parking spaces, and a swale, to provide SuDS to deal with surface water discharge. Security measures including barriers, CCTV cameras, ANPR (Automatic Number Plate Recognition) cameras and fencing were proposed, but at this stage no details of these aspects have been provided. Of the 274 parking spaces, 70 spaces would be for electric vehicle charging, 18 of which would be installed with charging equipment and 42 of which would have cabling so that equipment can be installed at a future date. A further 12 spaces would be allocated for disabled users.

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

That the provision of a standalone car park, accessible to anyone who worked in Kirkhill, would encourage people to drive to the area, which was inconsistent with policies, including the Transport and Accessibility Supplementary Guidance, which were designed to encourage modal shift to more sustainable means of transport such as public transport options. That the proposal would be contrary to Policy B1 Business and Industrial Land, as although a car park in itself was not entirely inconsistent with the land use zoning, when considered in the round alongside transportation policies and the intended purpose related to Aberdeen International Airport, it would not enhance the sustainability of the related business and industrial land. It was considered that even if parking were restricted to airport users, the provision of additional car parking capacity near the airport would hinder the ability to encourage modal shift towards the use of public transport. There was no evidence of capacity issues with the existing level of parking available to those using the airport. Any additional supply would make driving to and parking at the airport more attractive. This would be inconsistent with the aims of Scottish Planning Policy, the Regional Transport Strategy, Local Transport Strategy and Policies T2 (Managing the Transport Impact of Development) and T3 (Sustainable and Active Travel) of the Aberdeen Local Development Plan 2017.

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

•       There would be provision for EV charging for the airport and Kirkhill parking, with 18 point initially;

•       42 passive EV spaces would be provided with cabling for future provision;

•       Staff would move cars to charge them for owners return;

•       The car park would encourage a move from fossil fuel to electric vehicles;

•       Transport Supplementary Guidance encouraged EV charging and there was limited scope in existing streets;

•       Passengers with families/luggage would prefer to drive than utilise public transport; with only 5 buses operating per hour;

In terms of Consultations, various letters of representation were received from statutory consultees, with an objection from Roads Development Management and Aberdeen Airport, as well as letters of representation from members of the public. 

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 Macdonald 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 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:-

That the provision of a stand-alone car park, accessible to anyone who works in Kirkhill, would encourage people to drive to the area, which was inconsistent with policies, including the Transport and Accessibility Supplementary Guidance, which are designed to encourage modal shift to more sustainable means of transport such as public transport options.

That the proposal would be contrary to Policy B1 Business and Industrial Land, as although a car park in itself was not entirely inconsistent with the land use zoning, when considered in the round alongside transportation policies and the intended purpose related to Aberdeen International Airport, it would not enhance the sustainability of the related business and industrial land.

That it is considered that even if parking was restricted to airport users, the provision of additional car parking capacity near the airport would hinder the ability to encourage modal shift towards the use of public transport. There was no evidence of capacity issues with the existing level of parking available to those using the airport.  Any additional supply will make driving to and parking at the airport more attractive.

This would be inconsistent with the aims of Scottish Planning Policy, the Regional Transport Strategy, Local Transport Strategy and Policies T2 (Managing the Transport Impact of Development) and T3 (Sustainable and Active Travel) of the Aberdeen Local Development Plan 2017.

-       Councillor Henrickson, Chairperson