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 230570.

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 the application for the change of use of flat to Short Term Let accommodation (sui generis) with maximum occupancy of 4 people at 16 Urquhart Street Aberdeen, planning reference 230570.

Councillor McRae 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 by the Appointed Officer, Aberdeen City Council; (2) an application dated 10 May 2023 (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, Environmental Health Team and Waste and Recycling Team.

Ms Greene then described the site and outlined the appellant’s proposal.   The application site comprised a flatted property situated at first-floor level within a traditional granite and slate mid-terraced 2½ storey residential tenement containing a total of six properties situated on the eastern side of Urquhart Street.  The application property, originally designed and used as a mainstream residential flat, had recently been refurbished and was currently untenanted with the intention to bring it into use as a as Short Term Let (STL). The property had two double bedrooms and was double-aspect, with two windows on the building’s front elevation, facing west over Urquhart Street, and two windows looking east over communal rear garden area. The property was accessed by a communal ground-floor front entrance door centrally positioned on the front elevation of the building facing onto Urquhart Street. It was not clear if other properties in the building were being used as an STL and it was assumed that the remaining five properties were in mainstream residential use.

In relation to the proposal, detailed planning permission was sought, for the change of use of the property from a residential flat to Short Term Let (STL) accommodation (both sui generis).  The applicant advised that the maximum occupancy for the STL was 4 persons at any one time, with a minimum stay duration of 3 nights. The property would be operated as an STL on a permanent

basis and customers of the property would utilise existing on-street waste and recycling bins on Urquhart Road directly in front of the property’s entrance. The property does not benefit from offstreet parking. There was not controlled on-street parking (Controlled Parking Zone) in the area so visitors would be able to park on this street if spaces were available.

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

It would have a significant detrimental impact upon the amenity of the immediate neighbouring residential properties within the application building, beyond what could typically be expected if it were to be used as mainstream residential accommodation. This was considered to be contrary to Policy H1 (Residential Areas) of the Aberdeen Local Development Plan 2023 (ALDP) and Policy 30 (Tourism), paragraph (e) part i) of National Planning Framework 4.

It was also considered that the location of this proposed STL, a tourism related use, was not within the city centre or land allocated for a tourism related use which was a requirement of Policy VC2 of the Aberdeen Local Development Plan. The proposal, which was also identified as having the potential to cause harm to the amenity of existing residents in the residential area, was not considered to have met the locational requirements, and was therefore contrary to Policy VC2 (Tourism and Culture) of the Aberdeen Local Development Plan.

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

·       The appellant disagreed that there would a detrimental impact on the neighbouring properties and they had a positive relationship with the neighbours and maintained there were no concerns raised;

·       They felt that although the proposal was not in line with locational requirements of VC2, there should be exceptions where there would be no disruption to residential amenity;

·       No objections from neighbouring properties;

·       The Short Term Let had broad advantages of supporting local tourism and the city’s economy;

·       They were happy to accept modification to address any concerns and work with the local community to ensure there was no harm to existing residents.

In terms of consultations, Ms Greene advised that the Council’s Roads Team had no objection and the property was not in a controlled parking zone; that the Council’s Environmental Health Team had no observations or objection; that the Waste Management had no objection but provided general information in regards to waste and there was no response received from Castlehill and Pittodrie Community Council. No letters of representation had been received from the neighbouring properties. 

Ms Greene advised that the applicant had expressed the view that no further procedure was required before determination.

The Chairperson and Councillors Alphonse, Boulton and Lawrence 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 National Planning Framework 4 and the Aberdeen Local Development Plan 2023.

Ms Greene responded to questions from members. 

Members each advised in turn and agreed by majority of three to one 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:-

The use of the property as a short term let would provide accommodation close to Old Aberdeen and the University of Aberdeen, the beach and the Sports Village where there are frequent events. There are no large hotels in the area and having accommodation close to the aforementioned destinations reduces the need to travel and provides a service to visitors. The city centre is within a walking distance which is reasonable for many people, whilst public transport is readily available within a short distance of the flat. The area is a residential mix with many students, who tend to stay for academic periods. There are no objections from neighbours or the community council.

Although there is a level of tension with Policy VC2 (Tourism and Culture) of the Aberdeen Local Development Plan 2023 (ALDP), as the application site is not located within the city centre, in general terms it would be acceptable for the reasons above.

With the attachment of a condition providing that the permission is limited to five years, the property's use as short term let accommodation would likely provide some local economic benefits, without causing any significant harm to local housing need through the loss of residential

accommodation, in accordance with Policy 30 (Tourism) of National Planning Framework 4 (NPF4). The proposed use would also not conflict with, or cause any nuisance to, the residential amenity of the area, in accordance with Policy 30 of NPF4 and Policy H1 (Residential Areas) of the ALDP.

It was considered that the site would likely be predominantly accessed    by sustainable and active modes of travel, in accordance with Policy 13        (Sustainable Transport) of NPF4 and Policies T2 (Sustainable          Transport) and T3 (Parking) of the ALDP.

                                                      CONDITIONS

This permission is granted subject to the following conditions.

(01)    DURATION OF PERMISSION

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.

(02)    TIME LIMIT FOR SERVICED APARTMENT USE

The use of the flat for short term let accommodation as hereby approved, shall expire 5 years following the date of the grant of permission as stated on this notice, unless a further planning permission has been granted for continued use of the property as serviced apartment accommodation in the meantime. Should no further planning permission be granted then the property shall revert to a flat in residential use after the aforementioned 5-year period.

Reason: In order to allow reassessment of the local housing need and demand situation and the local economic benefits derived from the use of the property as short term let accommodation to be reassessed in 5 years' time, to ensure that the loss of the property as residential accommodation would remain compliant with Policy 30 of NPF4.