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 230303.

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 installation of two roof lights (retrospectively) at 4 Thistle Lane Aberdeen, planning reference 230303.

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 by the Appointed Officer, Aberdeen City Council; (2) an application dated 13 March 2023 (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 was located in the north-west of the city centre and was located in the Albyn Place and Rubislaw Conservation Area. Whilst the property itself was not listed and historical map analysis does indicate a structure of similar form existed on the site from c.1920-30s, supporting evidence submitted from the applicant confirms the building was c.1970s construction, and therefore the mews cottage building would not be considered curtilage listed with the original curtilage of 55 Victoria Street (category B listed building). The application property was a single storey mews cottage building, finished in cream roughcast render and traditional slate pitched roof. The north-east gable elevation immediately abuts Thistle Lane, with the entrance door located on the north-west elevation accessible through a gate and access path from Thistle Lane, with the mutual boundary to 179 and 180 Skene Street to the north. The other gable faces south-west, overlooking a small rear garden curtilage which is bound with 55 Victoria Street by means of a dividing timber fence and the remaining south-east elevation is positioned hard up against the mutual boundary shared with 53 Victoria Street.

In terms of the proposal, Ms Greene explained that the application sought detailed planning permission for the installation of two rooflights, positioned on the south east roof slope and each rooflight had dimensions of c.1600mm high x c.940mm width made from composite material and finished in dark grey colour.  The application was considered as retrospective as the rooflights had already been installed. 

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

·       Rooflights not designed with due consideration to the context in scale, relative to the roof slope;

·       It does not preserve and enhance the character of the Conservation Area or setting of nearby Listed Buildings;

·       The proposal was contrary to Historic Environment Policy for Scotland and Managing Change in the Historic Environment Guidance on “Windows” and “Setting”;

·       It conflicted with Policy 7 (Historic Assets) and Policy 16 (Quality Homes) in NPF4;

·       It was also contrary to Policies D1 (Design), D5 (Historic Environment), D8 (Windows and Doors) and H1 (Residential)

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

• The proposal complied fully with the Local Development Plan;
• The reasons were subjective, not based on guidance or founded in the Local Development Plan;
• The rooflights were Conservation Style and work was of a high quality;
• The context was a rear lane predominantly of garages and relatively new Prince Albert Mess;
• The rooflights were on an area of roof not overlooked;
• The central glazing bar could be installed;
• It complies with HEPS and Managing Change Guidance Policy 6 of National Planning Framework 4 due to high quality with respect for surroundings, design policies similarly;
• There was no size limit in the policy and guidance;
• Reducing the size of rooflights would result in patchwork and possible damage. 

In terms of Consultations, no letters of representation were received and no consultee comments.   

Ms Greene advised that the applicant had expressed the view that a site visit should take place before determination.

The Chairperson and Councillors Bouse, Clark, Copland and Crockett,  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 various questions from members.

Members each advised in turn and unanimously agreed to overturn the appointed officers decision and approved the application 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 rooflights would add to the amenity of the residents of the property, increasing the amount of light into the living room. The property is in a rear lane and the rooflights would not create overlooking of other properties. The proposal does not detract from visual amenity or the character of the surrounding area and would therefore preserve the character of the Conservation Area.

The proposal therefore complies with Policy 14: Design, Quality and Place  and Policy 16: Quality Homes in National Planning Framework 4.

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.

-       Councillor Ciaran McRae, Chairperson