Liberal Democrat councillor for Mannofield, Airyhall, Braeside, Broomhill, Garthdee, Kaimhill and Ruthrieston Learn more
by Ian Yuill on 27 July, 2019
There is no sign that building work will recommence anytime soon at the derelict lock up garages at the Great Western Road end of Salisbury Terrace.
This news came in an email I received from a Team Leader in the council’s Planning Service. I had asked for an update after being contacted by local residents who told me they were frustrated that the lock up garages were being left to deteriorate.
Planning permission to build flats on the site was granted in 2012. As some work on that development was then carried out, the law means the planning permission to build those flats remains valid indefinitely.
The email I received from the Team Leader in the Planning Service says:
Dear Councillor
Planning permission for the construction of flats on the site was granted in September 2012. In September 2015 the applicant/developer submitted the Notice of Initiation of Development to the Council stating that development would commence on 21 September 2015. It is my understanding that some foundation works, consisting mostly of the digging of trenches for the laying of foundations were then carried out. Thereafter works stopped and there is no evidence of any further works taking place since that time.
Under the provision of the Town and Country Planning (Scotland) Act 1997 (as amended) development is deemed to have commenced by “the digging of a trench which is to contain the foundations, or part of the foundations”. Accordingly, the works carried out in 2015 means that the planning permission was partially implemented and thus remains valid indefinitely. This means that the owner could start works again based on the 2012 approval without the need to obtain a new planning permission.
Other than some correspondence about potential changes to the approved scheme earlier this year, there has been no other contact with us regarding this site or the completion of the development. Accordingly, we do not have any information on the owner’s current intentions or whether he will proceed with the approved scheme.
regards
Team Leader (Development Management)
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Agree the issue with the lock up garages is ridiculous. If ever there was a case for compulsory purchase and relieving the “developer” of their burden this was it. Maybe we could extend the garden next door to it? It’s a ridiculously small space to have been given permission for flats.
Unfortunately the law allow a developer to take as long as they wish to complete work once it has been started. The tiny amount of work that has been carried out the lock up garages is, I have been told, enough for that to be the case here.
Even if compulsory purchase were possible for this site (and I’m pretty sure it is not) the cost would be substantial as the site has planning permission to build flats and the amount paid would have to reflect that.
What is definitely needed are changes to planning law so that cases like this can be tackled.
Ian this £30 for brown bin collection is a rip off I only put it out once a month then from November to March not at all
I do not support the Garden Tax.It is an unfair tax on people with gardens. It will be bad for recycling rates and the environment. You can find out more at http://www.AxeTheGardenTax.org