Agenda, decisions and minutes

The agenda and reports associated with this minute can be found at:-

https://committees.aberdeencity.gov.uk/ieListDocuments.aspx?CId=348&MId=4364&Ver=4

Please note that if any changes are made to this minute at the point of approval, these will be outlined in the subsequent minute and this document will not be retrospectively altered.

As this was the last meeting of the Committee for this session of Council, the Convener wished to express his thanks to all members of the Committee, to Dr Margaret Bochel, Mr John Lynch, Ms Gale Beattie and Mr Eric Owens, to all Case Officers and the Committee Clerk Service for the work they have undertaken for the Committee.

The Convener requested that members receive one presentation covering the first four applications all relating to Land at Bay of Nigg (Aberdeen Harbour Expansion Project), but to determine each item individually thereafter.

The Committee resolved:-

to concur with the Convener’s request.

The Committee had before it the minute of its previous meeting of 16 March 2017 for approval.

The Committee resolved:-

to approve the minute as a correct record.

Planning Reference - 161633

The documents associated with this application can be found at:-

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Planning Officer – Andrew Miller

The Committee had before it a report by the Interim Head of Planning and Sustainable Development, which recommended:-

That the application be approved unconditionally.

Members heard from Mr Andrew Miller, Senior Planner, who spoke in furtherance of the report and answered a number of questions from members in relation to discussions with Doonies Farm, drainage works, traffic levels, restoration works and transportation and parking for employees of the development.

The Committee resolved:-

to approve the recommendation.

Planning reference – 170156

The documents associated with this application can be found at:-

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Planning Officer – Andrew Miller

The Committee had before it a report by the Interim Head of Planning and Sustainable Development, which recommended:-

That the application be approved unconditionally.

Members heard from Mr Andrew Miller, Senior Planner, who spoke in furtherance of the report and answered a number of questions from members in relation to vibration and noise impact due to the heavy works, visibility and lighting for traffic in the area during construction works and security measures.

The Committee resolved:-

(i)         to approve the recommendation; and

(ii)        to request that road construction consent be dealt with as a priority.

Planning reference – 170165

The documents associated with this application can be found at:-

https://publicaccess.aberdeencity.gov.uk/online-applications/search.do?action=simple&searchType=Application

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Planning Officer – Andrew Miller

The Committee had before it a report by the Interim Head of Planning and Sustainable Development, which recommended:-

That the application be approved unconditionally.

Members heard from Mr Andrew Miller, Senior Planner, who spoke in furtherance of the report and answered a number of questions from members in relation to re-alignment of the cycle and footpath measures, pedestrian access, access for heavy goods vehicles and other traffic and access to Doonies Farm.

The Committee resolved:-

(i)         to approve the recommendation; and

(ii)       to request that contractors and employees for the development access the construction site from the south.

Planning reference – 170132

The documents associated with this application can be found at:-

https://publicaccess.aberdeencity.gov.uk/online-applications/search.do?action=simple&searchType=Application

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Planning Officer – Andrew Miller

The Committee had before it a report by the Interim Head of Planning and Sustainable Development, which recommended:-

That the application be approved conditionally as follows:-

CONDITION

For the avoidance of doubt, the coastal edge, as defined in “Aberdeen Harbour Expansion Project - Pre-works Topographical Survey Report and Post Works Programme of Surveys by Dragados (AHEP-DRA-SUR-0003 Rev 0)” hereby approved, shall incorporate all verges, edges and embankments from the roadsides to the foreshore identified within the plan.

Reason – To ensure all the coastal edge and supporting embankments are sufficiently monitored and protected during construction works.

The Committee resolved:-

to approve the recommendation.

Planning reference – 160630

The documents associated with this application can be found at:-

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Planning Officer – Robert Forbes

The Committee had before it a report by the Interim Head of Planning and Sustainable Development, which recommended:-

That the application be approved conditionally.  Withhold issuing of decision until a total of £58,128 is received in developer contributions ( in order to address impacts regarding affordable housing, education, community facilities, sport and recreation, core paths, and library facilities) or a section 75 obligation has been entered into in order to secure such contributions.  The Conditions were as follows:-

CONDITIONS

(1)       Drainage

No development shall take place unless a scheme of all drainage works designed to meet the requirements of Sustainable Urban Drainage Systems has been submitted to and approved in writing by the Planning Authority and thereafter no part of the development shall be occupied unless the drainage has been installed in complete accordance with the said scheme - in order to safeguard water qualities in adjacent watercourses and to ensure that the development can be adequately drained.

(2)       Construction Method Statement

No development pursuant to this planning permission shall take place unless a detailed site specific construction method statement for the development has been submitted to and approved in writing by the planning authority.  The method statement must address the temporary measures proposed to deal with surface water run-off during construction and prior to the operation of the final SUDS.  Such statement shall be implemented in full for the duration of works on the site - in order to prevent potential water pollution.

(3)       Tree Protection

No development shall take place unless a scheme for the protection of all trees to be retained on the site during construction works, including a retention fencing plan, has been submitted to, and approved in writing by, the Planning Authority and any such scheme as may have been approved has been implemented - in order to ensure adequate protection for the trees on site during the construction of the development.

(4)       Tree Protection

No materials, supplies, plant, machinery, spoil, changes in ground levels or construction activities shall be permitted within the protected areas specified in the aforementioned scheme of tree protection without the written consent of the Planning Authority and no fire shall be lit in a position where the flames could extend to within 5 metres of foliage, branches or trunks - in order to ensure adequate protection for the trees on site during the construction of the development.

(5)       Landscaping

No development pursuant to the planning permission hereby approved shall be carried out unless there has been submitted to and approved in writing for the purpose by the planning authority a further detailed scheme of landscaping for the site, which scheme shall include indications of all existing trees and landscaped features on the land, together with measures for their protection in the course of development, and the proposed areas of tree/shrub planting including details of numbers, densities, locations, species, sizes and stage of maturity at planting - in the interests of the amenity of the area.

(6)       Landscaping

All planting, seeding  ...  view the full minutes text for item 7.

DECLARATION OF INTEREST

Councillor Boulton declared a personal interest in relation to the following item of business by virtue of her knowing the applicant.  Councillor Boulton considered that the nature of her interest required her to leave the meeting and she took no part in the Committee’s deliberations thereon.

Planning reference – 161769

The documents associated with this application can be found at:-

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Planning Officer – Roy Brown

The Committee had before it a report by the Interim Head of Planning and Sustainable Development, which recommended:-

That the application be approved conditionally as follows:-

CONDITIONS

(1)       No development shall take place unless the planning authority has approved in writing a scheme for the supervision of the arboricultural protection measures and works that have been approved by the planning authority for the construction phase of the development.  Such a scheme shall include the timing and method of site supervision and record keeping.  Thereafter, the arboricultural protection measures and works shall be implemented in accordance with the approved scheme.  Supervision shall be carried out by a qualified arboriculturalist approved in writing by the Planning Authority but instructed by the applicant.

Reason: in order to ensure adequate protection for the trees in the Tree Protection Order (Area) during the construction of the development.

(2)       That no materials, supplies, plant, machinery, spoil, changes in ground levels or construction activities shall be permitted within the protected areas specified in the tree protection and management plan without the written consent of the Planning Authority and no fire shall be lit in a position where the flames could extend to within 5 metres of foliage, branches or trunks. 

Reason: to ensure the adequate protection for the trees on site during the construction of the development.

(3)       That the applicant shall afford access at all reasonable times to any arboriculturalist nominated by the planning authority and shall allow them to observe work in progress to ensure compliance with the other conditions.  No development pursuant to this planning permission shall take place unless written notification of the commencement date has been given to the case officer, Aberdeen City Council not less than 14 days before development commences

Reason: To ensure compliance with the tree protection and management plan, replacement planting scheme and protection of the trees to be retained on the site.

(4)       That no development shall take place unless a detailed scheme of landscaping and replanting for the site has been submitted and agreed in writing by the Planning Authority.  This scheme shall include indications of all existing trees and, the proposed areas of tree/shrub planting including details of numbers, densities, locations, species, sizes and stage of maturity at planting.  The trees are to be planted at half-standard size or larger.  Planting shall take place in the area between the development hereby approved and the northwest and southwest boundary walls in the first planting season after completion of the development and any trees which within a period of 10 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species unless the Planning Authority gives written consent to any variation.

Reason: In order to preserve the character of the residential area and the Tree Protection Order Area (area).

(5)       That no development shall take place unless a scheme detailing the foundations has been submitted and  ...  view the full minutes text for item 8.

DECLARATION OF INTEREST

Councillor Nicoll declared a personal interest in relation to the following item of business by virtue of him knowing objectors to the application.  Councillor Nicoll considered that the nature of his interest as ward member did not require him to leave the meeting although he took no part in the Committee’s deliberation thereon.

Planning reference – 170099

The documents associated with this application can be found at:-

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Planning Officer – Jane Forbes

The Committee had before it a report by the Interim Head of Planning and Sustainable Development, which recommended:-

That the application be approved conditionally as follows:-

CONDITIONS

(1)       That the change of use hereby permitted shall be solely for the internal space of the application unit and shall not cover any external space whatsoever.  At no time shall the pavement surrounding the premises be used as an outdoor sitting area, without the express grant of planning permission by the Planning Authority - in order to ensure that the development does not result in undue loss of amenity for surrounding properties.

(2)       That the noise mitigation measures, or at least an equivalent effect of those same measures, as outlined in Section 6 of the Noise and Odour Impact Assessment Rev 4 (dated 28.3.17) and relevant appendices including appendix C - ‘Kitchen Extraction System’, I – BS4142:2014 Calculation and J – Independent Ceiling, are implemented in full prior to operation - in order to ensure that the development does not result in undue loss of amenity for surrounding properties.

(3)       That on any day, the bi-fold doors associated with the vestibule area, and the French doors on the Beechgrove Terrace elevation, do not remain open after 22:00 Hours - in order to ensure that the development does not result in undue loss of amenity for surrounding properties.

(4)       That the odour mitigation measures, or at least an equivalent effect of those same measures, as outlined in Section 6 of the Noise and Odour Impact Assessment Rev 4 (dated 28.3.17) and relevant appendices including appendix C ‘Kitchen Extraction System’ and appendix K ‘Maintenance and Servicing’, are implemented in full prior to operation - in order to ensure that the development does not result in undue loss of amenity for surrounding properties.

ADVISORY NOTES FOR APPLICANT

(1)       That service deliveries/uplifts to and from the premises be restricted to occur only between the hours of 07:00 to 19:00 Monday to Friday and 08:00 to 13:00 on Saturdays.

Members heard from Ms Jane Forbes, Planner, who spoke in furtherance of the report and answered a number of questions from members in relation to the potential impact as a result of deliveries to the property, the location of refuse bins/storage and parking.

The Convener, seconded by Councillor Donnelly moved:-

            That the recommendation contained within the report be approved.

Councillor Jennifer Stewart, seconded by Councillor Greig moved as an amendment:-

            That the application be refused on the following grounds:-

(1)        the adverse impact on parking for neighbouring residents including obstruction of driveways and access concerns; and

(2)       the negative impact on the quality of life for residents living directly above the property including odour and noise issues.

On a division, there voted:-            for the motion (13) – The Convener, the Vice Convener and Councillors Boulton, Cooney, Corall, Crockett, Dickson, Donnelly, Hutchison      Lawrence, Jean Morrison, Nathan Morrison and Sandy Stuart; for the amendment (2) – Councillors Greig and Jennifer Stewart.

The Committee resolved:-

to adopt the motion and  ...  view the full minutes text for item 9.

Planning reference – 170317

The documents associated with this application can be found at:-

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Planning Officer – Gavin Evans

The Committee had before it a report by the Interim Head of Planning and Sustainable Development, which recommended:-

That the application for Modification/Discharge be approved.

Members heard from Mr Gavin Evans, Senior Planner, who spoke in furtherance of the report and answered a number of questions from members in relation to affordable housing.

The Convener, seconded by Councillor Boulton moved:-

That the recommendation contained within the report be approved.

Councillor Nicoll, seconded by Councillor Hutchison moved as an amendment:-

That the application be refused on the grounds that that it was contrary to the Local Development Plan to secure affordable housing on-site in order to create a sustainable mixed use community.

On a division, there voted:-            for the motion (12) – The Convener, the Vice Convener and Councillors Boulton, Cooney, Corall, Crockett, Dickson, Donnelly, Lawrence, Jean Morrison, Nathan Morrison and Sandy Stuart; for the amendment (4) Councillors Greig, Hutchison, Nicoll and Jennifer Stewart.

Planning reference – 161284

The documents associated with this application can be found at:-

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Planning Officer – Charlotte Watson

The Committee had before it a report by the Interim Head of Planning and Sustainable Development, which recommended:-

That the application be refused.

The Committee resolved:-

to approve the recommendation and therefore refuse the application.

At the conclusion of the meeting, Councillor Boulton on behalf of the Committee thanked the Convener and Vice Convener for their work in relation to the role they have undertaken following their appointments.

- Councillor Ramsay Milne,CONVENER