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Local Review Body: Councillors D Lonchay, S
Adams, G Goodhall, G Lang and C Simpson.
 
The
Local Review Body had before them, a Notice of Review and
supporting documents, submitted by the agent, which sought a review
of the Appointed Officer’s decision to Refuse Full Planning
Permission for the Erection of a Children's Day Care Nursery (Class
10 Non-Residential Institutions), Erection of Children's Workshop,
Formation of Wildlife Pond and Erection of Dwellinghouse (Renewal
of Planning Permission APP/2018/1279).
 
The
Planning Adviser introduced the Notice of Review and provided the
Local Review Body with a summary of the application, relevant
development plan policies, the review and key planning issues with
reference to submitted plans and other images.
 
The
Local Review Body then considered the Appointed Officer’s
reasons for refusal, namely:
 
(1)      
The application is considered by the Planning Authority to not
comply with the Development Plan. The proposed nursery (Class 10
use) is not well related to the population or in a town centre
location, with no sequential justification provided for the siting
and the location proposed is remote and not sustainably accessible
by foot/cycle/public transport resulting in reliance upon the
private car, being detrimental to the overarching sustainability
targets and tackling the climate crisis, contrary to Policies 1
Tackling the climate and nature crisis, 2 Climate mitigation and
adaptation, 13 Sustainable transport, 15 Local Living and 20 minute
neighbourhoods and 29 Rural development of National Planning
Framework 4, and Policies B1 Town Centre Development, R2
Development Proposals Elsewhere in the Countryside, P1 Layout,
Siting and Design, P6 Community Facilities and Public Amenities and
RD1 Providing Suitable Services of the Aberdeenshire Local
Development Plan.
 
(2)      
The proposed dwelling is not on a previously developed brownfield
site and is not associated with a primary industry or viable rural
business and does not comply with Policy 17 Rural homes and 29
Rural development of National Planning Framework 4, or Policy R2
Development Proposals Elsewhere in the Countryside of the
Aberdeenshire Local Development Plan 2023.
 
(3)      
Insufficient information has been provided to demonstrate a
functional and deliverable drainage solution to serve the proposed
development, resulting in concerns relating to the potential risk
of surface water flooding to others and a failure to adequately
manage all rain and surface water through a deliverable sustainable
urban drainage system that is within the full control of the
applicant, contrary to Policy 22 Flood risk and water management of
National Planning Framework 4 and Policy C4 Flooding and RD1
Providing Suitable Services of the Aberdeenshire Local Development
Plan 2023.
 
 
 
The Local Review Body
considered that the relevant policies, as contained within the
Local Development Plan 2023 were: Policy B1: Town Centre
Development; R1: Special Rural Areas; R2: Development Proposals
Elsewhere in the Countryside; P1: Layout, Siting and Design; P4:
Hazardous and Potentially Polluting Developments and Contaminated
Land; P6: Community Facilities and Public Amenities; E1: Natural
Heritage; E2: Landscape; C1: Using Resources in Buildings; C4:
Flooding; RD1: Providing Suitable Services; and RD2: Developer
Obligations.
 
The Local Review Body
considered that the relevant policies, as contained within National
Planning Framework 4 (NPF4) were: Policy 1: Tackling the climate
and nature crisis; Policy 2: Climate mitigation and adaptation;
Policy 3: Biodiversity; Policy 4: Natural Places; Policy 13:
Sustainable transport; Policy 14: Design, quality and place; Policy
15: Local Living and 20 minute neighbourhoods; Policy 17: Rural
Homes; Policy 18: Infrastructure First; Policy 22: Flood risk and
water management; Policy 23: Health and safety; and Policy 29:
Rural development.
 
In response to questions
raised, the Planning Adviser confirmed that the reference to
differences between policy objectives related to best practice and
provision of innovative outdoor learning and childcare and a
perceived disconnect between these and development plan
policies.
 
The Chair then asked the Local
Review Body to consider whether there was sufficient information
before them for members to consider the review without further
procedure.
 
The Local Review Body gave
consideration as to whether a site inspection, a hearing or further
information would be helpful but agreed they had sufficient
information before them to proceed to determine the Notice of
Review.
 
The Local Review Body considered
that the main determining issues for the review, as presented
before them related to whether there was justification for a
nursery in this countryside location and whether the need for a
dwellinghouse to support this had been demonstrated. The lack of
confirmation of a suitable surface water drainage system to serve
the proposed development and potential to cause flooding were
further issues.
 
The Local Review
Body gave consideration to the case set out by the applicant.
Members were of the view that there was no apparent justification
for the proposed nursery or dwellinghouse in this location and that
the absence of a drainage solution was significant. A motion to
dismiss the Notice of Review was put forward by Cllr Lonchay and
seconded by Cllr Goodhall.
 
After due
consideration, the Local Review Body unanimously agreed to
dismiss the Notice of Review and to uphold the Appointed
Officer’s decision to REFUSE Full Planning Permission for the
reasons contained in the decision notice
dated 9 November 2023.