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 221357.
Minutes:
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 for the refusal of an application for Detailed Planning Permission for the change of use from offices to form residential flat including installation of replacement windows and doors; installation of roof lights and formation of patio doors from window opening with associated works, at Wallace Whittle Ltd, 166 Great Western Road Aberdeen, planning reference 221357.
Councillor Henrickson as Chair for the meeting, gave a brief outline of the business to be undertaken, advising that the LRB would be addressed by the Assistant Clerk, Mrs Lynsey McBain 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. He emphasised that the officer would not be asked to express any view on the proposed application.
The Local Review Body was then addressed by Mrs McBain, 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 and decision letter by the Appointed Officer, Aberdeen City Council; (2) an application dated 10 November 2022, (3) links to the plans showing the proposal and planning policies referred to in the delegated report; (4) the Notice of Review submitted by the agent; and (5) letters of representation from the Aberdeen City Council’s Roads Development Management Team, and Environmental Health as well as one neutral letter from a member of the public.
Ms Greene then described the site and outlined the appellant’s proposal. The application site consisted of a traditional two storey granite building with a later single storey flat roof rear extension with additional accommodation in the roof space and an enclosed rear garden. The ground floor was covered in cladding panels and incorporates modern, full height windows. The building was located on the corner of Chattan Place and Great Western Road. The ground floor and extension were currently occupied by offices, with residential flats on the upper floors, which were accessed through a door in the side elevation reached through a gate and narrow lane along the side of the building. The application related to the single storey rear extension part of the building (166A Great Western Road). The site fell within the Great Western Road Conservation Area and the Chattan Place neighbourhood centre.
In terms of the proposal, Ms Greene explained that it was for a change of use of the single storey flat roof extension from offices (class 4) to a two-bed flat (sui generis) with associated alterations, including installation of new windows and French doors in the rear elevation, new front door and roof lights. The existing pedestrian access and rear garden used by the existing upper floor flat (168 Great Western Road) would be shared by the proposed flat. Additional rooflights would be added to the flat roof, and new windows and French doors installed on the northwest elevation, facing the shared garden area and a new front door.
Ms Greene indicated that the appointed officer’s reasons for refusal outlined in the report of handling was as follows:-
The proposed change of use of the existing single storey rear office extension to a residential flat was considered not to provide an acceptable level of residential amenity due to its single-aspect nature resulting in a limited outlook from the building, and limited levels of direct sunlight receipt into the dwelling. It was considered that the proposed conversion would not respond well to the site context due to its position to the rear of the main building and public street, resulting in a property that would not have a public face to the street and would be accessed through a narrow lane to the side of the existing building.
This would be contrary to the established pattern of development, which consisted of buildings fronting onto Great Western Road and neighbouring roads with a private face to the rear. As such, the proposal was considered not to sufficiently address the six qualities of successful placemaking, or the six qualities of successful places. The proposal was therefore considered to be contrary to the requirements of Policy D1 (Quality Placemaking by Design) of the 2017 Aberdeen Local Development Plan; Policies D1 (Quality Placemaking) and D2 (Amenity) of the 2020 Proposed Aberdeen Local Development Plan; and Policy 14 (Design, Quality and Place) of the draft NPF4.
Ms Greene outlined the key points from the appellant’s Notice of Review as follows:-
• Difference in assessment between pre-application and application, with same issues considered and nothing having changed on site;
• Outdoor space would be 164m2, with large windows providing outlook onto it;
• The existing A/C units for office would be removed which would be a benefit for the neighbour;
• In terms of light, sunlight may be limited at some times of year, whilst daylight would be sufficient.
• Trees would be managed and trimmed; and
• Lane access already used for another flat at no. 168
In terms of Consultations, Ms Greene advised that the Council’s Roads Team had no objection; that Environmental Health had no objection and there was one letter of response received which was neutral.
Ms Greene advised that the applicant had expressed the view that no further procedure should take place before determination.
The Chairperson and Councillors Alphonse, Blake, Boulton and McRae 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 proposed National Planning Framework 4 and the Aberdeen Local Development Plan 2017, as well as the Proposed Aberdeen Local Development Plan 2023.
Ms Greene responded to questions from members, which included the proposed materials to be used, and the acceptable level of daylight.
Members each advised in turn and unanimously agreed to overturn the appointed officers previous decision. Planning permission was therefore granted 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:-
There would be no significant adverse impact on the Conservation Area, with the character being preserved.
The proposals would therefore comply with National Planning Framework Policies: Policy 7 (Historic Assets and Places), Policy 12 (Zero Waste), Policy 13 (Sustainable Transport), Policy 14 (Design, Quality and Place), Policy 15 (Local Living and 20 Minute Neighbourhoods) and Policy 16 (Quality Homes)
The proposal would comply with policies in the adopted Aberdeen Local Development Plan 2017, including:
Policy D1 (Quality Placemaking by Design), Policy D4 (Historic Environment), Policy T2 (Managing the Transport Impact of Development), Policy T3 (Sustainable and Active Travel), Policy R6 (Waste Management Requirements for New Development) and Policy NC6 (Town, District, Neighbourhood & Commercial Centres)
In terms of the Proposed Aberdeen Local Development Plan, as modified, there were tensions with Policy D2 'Amenity', whilst the proposal complies with the following:
Policy D1 (Quality Placemaking), Policy D2 (Amenity), Policy D6 (Historic Environment), Policy D8 (Windows and Doors), Policy R5 (Waste Management Requirements in New Developments), Policy VC8 (Town, District, Neighbourhood and Commercial Centres), Policy T2 (Sustainable Transport) and Policy T3 (Parking).
CONDITION
This permission is granted subject to the following conditions.
The development to which this notice relates must be begun not later than the expiration of 3 years beginning with the date of this notice. If development has not begun at the expiration of the 3-year period, the planning permission lapses.
Reason - in accordance with section 58 (duration of planning permission) of the 1997 act.