Agenda, decisions and minutes

The agenda and reports associated with this minute can be found here. 

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.

The Committee had before it the minute of the previous meeting of 19 August 2021, for approval.

The Committee resolved:-

to approve the minute as a correct record.

 The Committee had before it a planner of future Committee business.

The Committee resolved:-

to note the information contained in the Committee business planner.

Planning Reference – 210665

All documents associated with this application can be found at the following link and enter the refence number above:-

Link.

Planning Officer:  Gavin Clark

The Committee had before it a report by the Interim Chief Officer – Strategic Place Planning, which recommended:-

That the application for detailed planning permission for the erection of an energy storage facility with associated works at the site at Farburn Place, Dyce Aberdeen, be approved subject to the following conditions:-

Conditions

1.     That in the event that any battery installed and commissioned fails to commercially operate as intended for a continuous period of six-months and there is no plan in place to bring the battery in to operation within a further period of six-months, then unless agreed in writing with the Planning Authority, the facility will deemed to have ceased to be required. If deemed to have ceased to be required, the battery, battery storage container and its ancillary equipment will be dismantled and removed from the site, with the cells being appropriately disposed and/ or recycled/ re-purposed, and the ground being re-instated to the specification and satisfaction of the Planning Authority by the operator within the following three-month period.

Reason: to ensure that any redundant facilities are removed from the site, in the interests of safety, amenity and environmental protection.

2.     That in the event of the development hereby approved not operating on a commercial basis to the grid network for a continuous period of 12 months, the company must immediately notify the Planning Authority in writing of the situation and shall, if directed by the Planning Authority decommission the development and reinstate the site to the specification and satisfaction of the Planning Authority.  The Planning Authority shall have due regard to the circumstances surrounding the failure to store electricity.

Reason: to ensure the decommissioning and removal of the development in an appropriate and environmentally acceptable manner and the restoration of the site. In the interests of safety, amenity and environmental protection.

3.     No development shall commence unless and until full details of the proposed battery storage containers (and ancillary infrastructure) hereby permitted has been submitted to and approved in writing by the Planning Authority. These details shall include: (a) design, power rating, sound power level modelled at the most sensitive receptor deviating from the Noise Impact Assessment accompanying the application), layout and dimensions of the battery storage containers (and ancillary infrastructure) and the metering building to be installed and (b) the external colour and/ or finish of the battery storage containers (and ancillary infrastructure). Thereafter, the battery storage containers and associated infrastructure shall be installed and operate in accordance with these approved details and maintained in the approved colours, free from rust, staining or discolouration until such time as the development is decommissioned. All cables between the battery storage containers, metering building and any point of connection to the public network shall be installed and kept underground.

Reason: to ensure the Planning Authority is aware of the development details and to protect the visual amenity of the area.

4.     That no development shall commence until details of the final drainage design has been submitted to and approved  ...  view the full minutes text for item 3.

Planning Reference – 210140

All documents associated with this application can be found at the following link:-

Link.

Planning Officer:  Jane Forbes

The Committee had before it a report by the Interim Chief Officer – Strategic Place Planning, which recommended:-

That the application for detailed planning permission for the change of use to class 3 (food and drink) with an outdoor seating area including alterations to a shop front, re-cladding, installation of doors, rooflights and roof repairs with associated works, at the former Cults Railway Station, Station Road Cults Aberdeen, be approved subject to the following conditions:-

Conditions

1.     NOISE  & ODOUR MITIGATION

That the use hereby approved shall not take place unless all mitigation measures recommended in the approved Noise & Odour Impact Assessment (Reference: Proposal Number 151120b, Revision 2, Date 22-01-21) have been implemented in full. These must include:

1.     The noise insulation measures detailed within section 3.6 and the related Appendix C – ‘Wall and Roof Construction Detail’ 

2.     The noise and odour control measures detailed within section 6.2 and the related Appendix A (A4 to A5) – ‘Kitchen Extraction System Details’

3.     That the outdoor customer seating areas as identified on approved drawing Site Plan 1008 – 1010 Rev C shall have a maximum capacity of 68 people as detailed within section 4.11 of the approved Noise & Odour Impact Assessment (Reference: Proposal Number 151120b, Revision 2, Date 22-01-21), and at no time shall that capacity be exceeded

Thereafter the mitigation measures, or similar as may be agreed in writing with the Planning Authority, shall remain in place for the duration of the use.

Reason: In order to preserve the amenity of neighbouring properties from noise and odour emissions associated to the proposed use.

2.     OPERATIONAL HOURS

That the use hereby approved shall not operate outwith the hours of Sunday to Thursday from 08:00 to 23:00 hours and Friday to Saturday from 08:00 to 23:30 hours for the internal space, and outwith the hours of Sunday to Thursday from 8:00 to 20:00 hours and Friday to Saturday from 08:00 to 21:30 hours for the outdoor space.

Reason: In order to preserve the amenity of neighbouring properties. 

3.     WASTE MANAGEMENT

That the use hereby approved shall not take place unless a waste management plan for the site has been submitted to and agreed in writing by the planning authority, including detail on the provision of external litter bins for customer waste during hours of operation, and the approved waste management plan fully implemented in accordance with the agreed details and remaining in place for the duration of the use.

Reason - In order to ensure suitable waste storage and collection arrangements are in place, including appropriate facilities for customers and to protect public health and the amenity of the area.

4.     ELECTRIC VEHICLE CHARGING POINTS

That prior to development commencing on site, details of the type of electric vehicle charging station to be installed in association with the 2 EV car parking spaces identified on approved drawing Site Plan 1008 – 1010 Rev C have been submitted to and approved in writing by the planning authority, and thereafter the  ...  view the full minutes text for item 4.

Planning Reference – 210015

All documents associated with this application can be found at the following link:-

Link.

Planning Officer:  Gavin Clark

The Committee had before it a report by the Interim Chief Officer – Strategic Place Planning, which recommended:-

That the application for detailed planning permission for the redevelopment of an existing site, including change of use to class 3 (food and drink) with the erection of two drive thru restaurants (sui generis) with associated infrastructure and car parking at Craigshaw House, Craigshaw Road Aberdeen, be approved subject to the following conditions:-

Conditions

1.     Land Contamination

That no development shall take place unless it is carried out in full accordance with a scheme to address any significant risks from contamination on the site that has been approved in writing by the planning authority.

The scheme shall follow the procedures outlined in “Planning Advice Note 33 Development of Contaminated Land” and shall be conducted by a suitably qualified person in accordance with best practice as detailed in “BS10175 Investigation of Potentially Contaminated Sites - Code of Practice” and other best practice guidance and shall include:

a)    an investigation to determine the nature and extent of contamination

b)    a site-specific risk assessment

c)     a remediation plan to address any significant risks and ensure the site is fit for the use proposed; and

d)    verification protocols to demonstrate compliance with the remediation plan

No building(s) on the development site shall be occupied unless: any long-term monitoring and reporting that may be required by the approved scheme of contamination or remediation plan or that otherwise has been required in writing by the planning authority is being undertaken; and a report specifically relating to the building(s) has been submitted and approved in writing by the planning authority that verifies that remedial works to fully address contamination issues related to the building(s) have been carried out, unless the planning authority has given written consent for a variation.

The final building(s) on the application site shall not be occupied unless a report has been submitted and approved in writing by the planning authority that verifies that the remedial works have been carried out in full accordance with the remediation plan, unless the planning authority has given written consent for a variation.

Reason: to ensure that the site is fit for human occupation.

2.     Car Parking

That neither of the units hereby approved shall be brought into use unless the approved areas of car parking have been constructed, drained, laid-out and demarcated in accordance with drawing No. A-218848-PRO L001 T of the plans hereby approved or such other drawing as may subsequently be submitted and approved in writing by the planning authority. Such areas shall not thereafter be used for any other purpose other than the purpose of the parking of cars ancillary to the development and use thereby granted approval.

Reason: in the interests of public safety and the free flow of traffic, and to ensure compliance with Policy T2 (Managing the Transport Impact of Development) of the Aberdeen Local Development Plan and the associated ‘Transport and Accessibility’ Supplementary Guidance.

3.     Electric Vehicle (EV) Spaces and Infrastructure

That  ...  view the full minutes text for item 5.

Planning Reference – 210884

All documents associated with this application can be found at the following link and enter the reference number above:-

Link.

Planning Officer:  Gavin Evans

The Committee had before it a report by the Interim Chief Officer – Strategic Place Planning, which recommended:-

That the application for approval of matters specified in conditions 1 (phasing), 2 (detailed design), 3 (landscaping), 4 (drainage), 5 (archaeology), 6 (contaminated land(i)), 8 (safe routes to school), 9 (residential travel pack), 15 (noise), 16 (dust), 17 (species surveys), 18 (water), 19 (watercourses), 20 (SUDS), 21 (trees), 22 (tree care), 23 (carbon reduction and water efficiency), 25 (sports pitch), 26 (street design, parking), 27 (CEMP) and 28 (flood risk) of 191171/PPP in relation to the erection of 536 homes with associated landscaping, open space and infrastructure, at land at the east Of A92 Ellon Road At Cloverhill, Murcar, Bridge Of Don, Aberdeen, be approved subject to the following conditions:-

Conditions

1.     Use as Social Rented Housing

The development hereby approved shall not be used other than as social rented housing (as defined in Aberdeen City Council's 'Affordable Housing' Supplementary Guidance), managed and operated by either Aberdeen City Council or by a Registered Social Landlord (RSL).

Reason: To ensure compliance with Aberdeen City Council's 'Affordable Housing' Supplementary Guidance and because the level of car parking provision within the approved development is based on standards for social rented housing specifically, as opposed to other forms of affordable housing.

2.     Commercial Units – Use Classes

The ground floor commercial units hereby approved shall not be used for purposes other than those falling within classes 1 (shops), 2 (financial and professional services), 3 (food and drink) or 10 (non-residential institutions – including nursery).

Reason; In order to ensure that the development is served by facilities to meet the needs of residents and to allow for facilitate first occupation within acceptable use classes.

3.     Rear Lane Access

No unit within the development hereby approved shall be occupied unless any path with no destination other that access to multiple rear gardens has been restricted through the use of lockable gates or other such equivalent measures to prevent access by non-residents. For the avoidance of doubt this requirement does not apply to paths fronting open space.

Reason:  In order to restrict inappropriate access to rear lanes by non-residents and to 'design out' crime where practicable.

The Committee heard from Gavin Evans, Senior Planner, who spoke in furtherance of the application and answered questions from members.

The Committee resolved:-

to approve the recommendation and therefore approve the application conditionally.

Planning Reference – 210592

All documents associated with this application can be found at the following link:-

Link.

Planning Officer:  Jamie Leadbeater

The Committee had before it a report by the Interim Chief Officer – Strategic Place Planning, which recommended:-

That the application for detailed planning permission for the erection of a residential development comprising 35 flats/apartments over 3 and 4 storeys, including the erection of ancillary structures and demolition of the existing redundant building, formation of car parking area, landscaping and alterations to the site access, at Forestgait, 22 King’s Gate Aberdeen, be refused.

The Committee heard from Jamie Leadbeater, Planner, who spoke in furtherance of the application and answered various questions from members.

The Convener moved, seconded by the Vice Convener:-

that the application be approved with the following conditions. Consent to be withheld until completion of a Section 75 legal agreement to secure developer obligations towards community facilities/sport and recreation, open space, healthcare and transportation.

The reason for approval was as follows:-

Whilst the proposal would be larger in terms of scale and massing than surrounding buildings, its positioning - set back from the King’s Gate frontage behind a screen of mature trees - means that it would not have a dominating impact on its surroundings when viewed from the street and would not have an adverse impact on the conservation area in this context. Whilst there is a tension with Policy NE5 (Trees and Woodland) of the Local Development Plan the resulting loss of mature trees would be compensated to some extent in the medium or long term by the replacement tees that are to be planted. Whilst restricted, sufficient amenity space is provided for the needs of new residents and there would be no additional impact on the privacy or amenity of adjoining residential properties. There is adequate close by amenity space at Victoria Park and Westburn Park. The proposal is considered compatible with Policy H1- Residential Areas in this regard. The setting of the category C-listed Richmondhill House has already been significantly affected by past development including the existing nursing. This factor combined with the distance from the listed building and intervening trees would mean that the proposal would not have a significant additional detrimental impact on the listed building.  Sufficient car parking and satisfactory vehicular and pedestrian access is provided. The proposal is well connected by public transport links and is compliant with Policies T2 and T3 of the Local Development Plan in this regard. Taking into account the foregoing the proposal is considered to comply with the relevant Aberdeen Local Development Policy zoning (H1- Residential Areas) and other relevant development plan policies and all other material considerations.

Conditions

1.     Tree Protection measures

No development shall take place until all tree protection measures set out in the submitted Tree Protection Plan (Struan Dalgleish Arboriculture, August 2021) have been put in place. Once in place, they shall remain in situ until construction of the hereby approved development has been completed and all plant and machinery has been removed from the site. The said tree protection measures include utilising a ‘no-dig’ construction methodology for the formation  ...  view the full minutes text for item 7.

Planning Reference – 210998

All documents associated with this application can be found at the following link:-

Link.

Planning Officer:  Jane Forbes

The Convener advised that this application had been withdrawn.

-        Councillor Marie Boulton, Convener