The Local Review Body of Aberdeenshire Council met on Friday 22 May 2026 to consider a notice of review regarding a planning condition. The body unanimously decided to uphold the review, reversing the appointed officer's decision and approving a variation to the condition.

Variation of Condition 3 (Flood Doors) at 5-7 Victoria Road, Ballater

The meeting's primary focus was a notice of review concerning Condition 3 of a planning permission granted for alterations and a change of use at 5-7 Victoria Road, Ballater[^1]. The original condition stipulated the installation of certified flood-resistant timber external doors, compliant with British Standard (BS) 851188, prior to occupation. The applicant sought to vary this condition to allow for the use of internally fitted, demountable flood-resistant barriers, arguing they offered equivalent protection, were more cost-effective, and would avoid significant delays.

Bruce Strachan, Planning Advisor to the Local Review Body (LRB), presented the case. He explained that the property, a C-listed building within the Ballater conservation area, had previously been granted planning permission for a change of use from a shop to a dwellinghouse. This permission was granted as a departure from policy due to flood risk concerns, with Condition 3 specifically requiring flood-resistant doors. The council's flooding team maintained their objection to varying the condition, expressing concern that demountable barriers might not be in place when needed, unlike permanently installed doors. Built Heritage, however, had no concerns as the proposed internal barriers would not affect the exterior appearance of the listed building.

The applicant's agent, Morton Fraser MacRoberts LLP, had submitted a supporting statement highlighting the exorbitant cost and lengthy lead times associated with the specified timber flood doors. They argued that the proposed aluminium Nautilus flood barriers, which comply with BS 851188, offered a more practical and affordable solution. They also pointed out that internal installation would preserve the building's historic character and that similar barrier systems were commonly used in the area.

During the discussion, councillors debated the effectiveness and reliability of demountable barriers versus fixed flood doors. Councillor Catherine Victor argued that the barriers, if compliant with the same British Standard, offered equivalent protection and that it was up to the householder to ensure they were deployed. Councillor Jeff Goodall expressed reservations, emphasizing the importance of the technical ability of the flood defence and noting that the area was predominantly holiday lets, where owners might be absent during flood events. Councillor Isobel Davidson acknowledged the applicant's financial concerns and the desire to bring the building back into use, while Councillor Colin Simpson highlighted that both systems met the same British Standard.

Ultimately, the Local Review Body unanimously voted to uphold the notice of review. They agreed to vary Condition 3 to allow for the use of internal demountable flood barriers, provided they comply with BS 851188. The precise wording of the varied condition was to be finalised by officers, ensuring it specified compliance with the relevant British Standard for internal demountable barriers. This decision aimed to balance flood risk mitigation with the practicalities and economic viability of the development.