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 230918.

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 the change of use of House in Multiple Occupation (HMO) to serviced apartments (retrospective) at 636 King Street, Aberdeen.

The Chairperson again 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 by the Appointed Officer, Aberdeen City Council; (2) an application dated 27 July 2023; (3) the Decision Notice dated 5 September 2023; (4) links to the plans showing the proposal and planning policies referred to in the delegated report; (5) the Notice of Review submitted by the applicant; and (6) consultee comments from the Council’s Roads and Waste Development Management Teams.

Ms Greene then described the site and outlined the appellant’s proposal which sought planning permission for the change of use of House in Multiple Occupation (HMO) to serviced apartments (retrospective).

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

·       Provided tourist accommodation – LDP Policy VC2 (Tourism and Culture) & NPF4 Policy 30 (Tourism);

·       Benefit to local economy, balanced against loss of residential – currently considered no significant harm through loss of housing;

·       No harm to amenity of area;

·       Adequate amenity for guests for short term stays;

·       Accessible by public transport and active travel – Policy 13 (Sustainable Transport) of NPF4 and LDP Policies T2 (Sustainable Transport) and T3

          (Parking);

·       Refuse storage acceptable - Policy 12 (Zero Waste) of NPF4 and LDP Policy R5 (Waste Management); and

·       Small scale in terms of climate mitigation, climate change, nature crisis and biodiversity no impact NPF4 Policies 1 (Tackling the Climate and Nature Crises) and 2 (Climate Mitigation and Adaptation), Policy 3 (Biodiversity).

Ms Greene highlighted two of the three conditions contained within the Report of Handling, as follows:-

(2) Maximum Length of Customer Stays

That not any one or more of the serviced apartments hereby approved shall be occupied for a period in excess of 90 days in any one calendar year by any one family, individual or group of individuals.

Reason: In order to ensure that the apartments are not used as permanent, mainstream housing, due to the deficit in amenity that would be required for such accommodation.

(3) Time Limit for Serviced Apartment Use

The hereby approved use of the property as serviced apartment accommodation 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 residential use as a single House in Multiple Occupation after the aforementioned 5-year period.

Reason: In order to allow the local housing need and demand situation and the local economic benefits derived from the use of the property as serviced apartments 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.

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

·       Appeal was based on two conditions (2 and 3);

·       Condition 2 – Max length of stay of 90 days in year for any person unduly restrictive, with returning guests staying short periods totalling 180 days – visit for lecturing, construction workers, healthcare workers including locums. Established relationship with clients, and would need to refuse bookings;

·       Condition 3 – Temporary permission for 5 years – plan to use serviced apartments on long-term basis.

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

The Chairperson and Councillors Farquhar, Macdonald and Radley 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 National Planning Framework 4 and the Aberdeen Local Development Plan 2023.

Ms Greene also made reference to:-

·       the Scottish Government’s publication on ‘Short Term Lets: Business and regulatory impact assessment’ from November 2021;

·       Circular 1/2023 (Short-Term Lets and Planning); and

·       Supplementary Guidance: Serviced Apartments.

Ms Greene responded to a question relating to the terminology regarding ‘continuous occupancy’ and how the maximum length of stay of 90 days would be monitored.

Members each advised in turn and unanimously agreed to uphold the appointed officer’s earlier decision. Planning permission was therefore approved subject to the same conditions, which were noted below.

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 serviced apartments increases the offering of short-stay business and leisure tourist accommodation in the city, which is generally in accordance with the aims of Policy VC2 (Tourism and Culture) of the Aberdeen Local Development Plan 2023 (ALDP), albeit the application site is not located within the city centre. The property's use as serviced apartments would likely provide some local economic benefits, potentially to the tourism and hospitality sectors, 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 is considered that there would be sufficient amenity for the occupants of the proposed apartments given the short-term, temporary nature of the accommodation being provided, which would be for tourists and/or business travellers, rather than permanent residents. The application site is located in an accessible position immediately adjacent to a bus stop which is served by bus services to the city centre and beyond. The site is also within walking, wheeling and cycling distance of the University of Aberdeen campus and various facilities and amenities. Although no car parking spaces would be provided within the property curtilage, given the scale of the development, its location and accessibility to public transport, it is 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. There is sufficient space within the curtilage of the property for the storage of any waste generated by the new use, and for the suitable collection of that waste, in accordance with Policy 12 (Zero Waste) of NPF4 and Policy R5 (Waste Management Requirements for New Development) of the ALDP.

The proposed development, comprising the change of use of an existing property, with no  associated external alterations, is sufficiently small-scale such that it would not make any material difference to the global climate and nature crises nor to climate mitigation and adaptation, nor are there any opportunities to minimise greenhouse gas emissions given the nature of the proposals, therefore the proposed development is compliant with Policies 1 (Tackling the Climate and Nature Crises) and 2 (Climate Mitigation and Adaptation) of NPF4. There is no opportunity to enhance on-site biodiversity, therefore the proposals are acceptable, despite some minor tension with Policy 3 (Biodiversity) of NPF4.

(1)                   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.

(2)                   Maximum Length of Customer Stays

That not any one or more of the serviced apartments hereby approved shall be occupied for a period in excess of 90 days in any one calendar year by any one family, individual or group of individuals.

Reason: In order to ensure that the apartments are not used as permanent, mainstream housing, due to the deficit in amenity that would be required for such accommodation.

(3)                   Time Limit for Service Apartment Use

The hereby approved use of the property as serviced apartment accommodation 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 residential use as a single House in Multiple Occupation after the aforementioned 5-year period.

Reason: In order to allow the local housing need and demand situation and the local economic benefits derived from the use of the property as serviced apartments 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.

-         COUNCILLOR CIARAN MCRAE, Chairperson