The Scottish Government has torn up “unreasonable” rules that threatened to banjax a new Aberdeen housing development.
In December 2020, plans to transform the abandoned Alba Gate offices at Stoneywood into 50 flats were approved by the local authority.
But a condition was imposed that the homes could only be rented out – and not sold.
The council argued the modern development – boasting its own “co-working office space”, café, gym and residents’ library – would not be suitable for buyers.
But developers Xusa has been left struggling to get the work off the ground as a result of the stipulation – which they claim effectively scuppered the whole project.
Holyrood officials step in over Alba Gate flats debate
The Scottish Government has now overruled the council and removed the controversial clause.
The former office will be converted into a mix of one and two-bedroom apartments.
Council planners had argued that the layout, design and siting of the flats would not make them satisfactory for buyers.
And they felt there could be a “potential conflict” between residents and nearby businesses.
They said it would be “acceptable” only as a private-rented scheme, guidance that councillors duly followed when approving it.
How condition threatened the project
Aberdeen-based Aurora Planning issued the appeal on behalf of Xusa.
The architecture firm said: “The condition means that the proposed development can operate only as a private rented sector development, which is contrary to the aspirations and business model of the applicant.
“It effectively renders the development undeliverable.”
Scottish Government Reporter Mike Shiel agreed, branding the condition “not necessary” and “unreasonable”.
He said: “The appellant has argued that, despite an extensive investigation, no potential buyers or funders have expressed an interest in carrying out the development with the current restriction.
“I do not support the council’s view on the matter.”
Council planning boss says ‘guidance was followed’
Such government intervention has proven contentious in the past – with local decisions on flats at Rubislaw Quary and along the River Dee at Torry being overturned to howls of protest.
But the council’s planning convener Marie Boulton last night appeared to have no qualms about the change on this occasion.
She said: “The condition was put on as part of the planning officer’s recommendation in the report.
“Members of the committee did question the need for this condition, however officers at the time provided a reasoning which was accepted by the committee.”
The Alba Gate offices, located across from BP’s North Sea headquarters near Dyce, had not been viewed by any interested parties for five months when the planning application was submitted in July 2020.
The building will be re-cladded and extended instead of demolished, which was welcomed as a “sustainable approach” by the council.
Alba House flats could be ‘future of modern living’
The scheme was unveiled with some fanfare.
London-based Xusa said it would form a “neighbourhood hub” encouraging residents to share resources, skills and experiences with one another.
This community-focused approach has previously been hailed by regeneration tsars as the future of modern living.
To see the government report, click here.