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 221331.
Minutes:
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 dormer to the rear at 56 Hilton Place Aberdeen, planning reference 221331.
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.
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 4 November 2022, (3) links to the plans showing the proposal and planning policies referred to in the delegated report; and (4) the Notice of Review submitted by the agent.
Ms Greene then described the site and outlined the appellant’s proposal. The application site comprised a first floor residential flat within a two-storey granite-built terraced building of two flats in a residential area. The dwelling had a southwest facing principal elevation that fronts Hilton Place; adjoined 58-60 Hilton Place to the northwest and 52-54 Hilton Place to the southeast. The rear curtilage of the property bounds Hilton Lane to the northeast (rear). The rear roofslope of the property had not been extended and excluding the dwellings of a different building type in the terrace to the southeast of the site, the vast majority of the rear roofslopes along the terrace had also not been extended, except for three existing substantial dormers, one of which was located on 58-60 Hilton Place to the northwest.
In terms of the proposal, Ms Greene explained Planning permission was sought for the erection of a horizontally proportioned dormer roof extension on the rear of the dwelling. The dormer would rise a total of c.2.2m above the roof and would be c.5.9m in width. It would be set c.500mm to the southeast of the northwest tabling; set c.400mm in from the southeast tabling; c.70mm below the roof ridge; and it would be set c.590mm back from the wallhead. It would have a c.560mm high apron, white uPVC framed windows and its solid walls would be finished in slate.
Ms Greene indicated that the appointed officer’s reasons for refusal outlined in the report of handling was as follows:-
The proposal was in direct conflict with the Supplementary Guidance: The Householder Development Guide, the proposed dormer would be of scale, massing and design, whereby it would dominate and overwhelm the original roof. Relative to its overall size and projection, it would not be located a reasonable distance below the roof ridge, it would have an excessively large apron and it would have an insufficient proportion of glazing. The proposal would therefore result in the loss of the original slated roof form of the rear roofslope to the detriment of the architectural integrity of the original building, the terrace and the character and visual amenity of the surrounding area.
Notwithstanding every planning application is assessed on its own merits, given these reasons, it was likely that the grant of planning permission for this dormer could set an unwelcome precedent for similarly scaled dormers on this terrace, which would be to the significant detriment of the character and visual amenity of the surrounding area. The proposal would therefore conflict with the aims of Policies 14 (Design, Quality and Place) and 16 (Quality Homes) of National Planning Framework 4; Policies H1 (Residential Areas) and D1 (Quality Placemaking by Design) of the Aberdeen Local Development Plan 2017; the Supplementary Guidance: The Householder Development Guide; and Policies H1 (Residential Areas), D1 (Quality Placemaking) and D2 (Amenity) of the Proposed Aberdeen Local Development Plan 2020.
Ms Greene outlined the key points from the appellant’s Notice of Review as follows:-
· The proposal would allow staircase from the kitchen to be building regulation compliant;
· There were other rear dormers on neighbouring properties;
· The dormer would not dominate the roofscape;
· The dormer complied with the supplementary guidance on distance from tabling;
· It was proposed to be 70mm down from the ridge, which was reasonable;
· The windows were located at ends of the dormer as per supplementary guidance;
· The glazing was larger proportion than solid; and
· The Householder Supplementary Guidance stated that guidelines at the rear of older properties may be relaxed.
In terms of Consultations, Ms Greene advised that no responses were received.
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.
Members each advised in turn and by majority agreed to overturn the appointed officers previous decision. Planning permission was therefore granted unconditionally. The Chairperson voted to refuse the application and Councillors Alphonse, Blake, Boulton and McRae voted to approve the application unconditionally.
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 proposed dormer would not be overly visible within the surrounding area being on the rear elevation, there were already existing dormers on adjacent and nearby properties. There were long gardens to the rear and the proposed dormer would not affect the privacy of neighbours, nor result in a detrimental visual impact within the surrounding area. The dormer would help provide suitable accommodation for today's requirements, also helping ensure the continued use of buildings. The dormer would comply with the dormer guidance in Supplementary Guidance: Householder Guidance including being sufficient distance from tabling to either side and taking into account that guidance may be relaxed on rear elevations.
The application therefore complied with:
National Planning Framework 4 policy 12 (Zero Waste), Adopted Aberdeen Local Development Plan 2017: Policy H1 (Residential Areas); and Proposed Aberdeen Local Development Plan 2023: Policy H1 (Residential Areas).