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 Convener advised that he had accepted a late report (article 5 of this minute refers – Public Hearing for Rosehill House, 202 Ashgrove Road West, Aberdeen) onto the agenda as a matter of urgency in terms of Section 50B(4)(b) of the Local Government (Scotland) Act 1973, as a delay in submitting the report to Committee to seek authority to hold a Public Hearing would have significant implications for the applicant and to the planning authority in the timely processing of applications.

The Committee resolved:-

to note the position. 

The Committee had before it the minute of the previous meeting of 15 February 2024, for approval.

The Committee resolved:-

to approve the minute as a correct record.

The Committee had before it the committee business planner, as prepared by the Interim Chief Officer – Governance (Legal).

The Committee resolved:-

to note the committee business planner.

Planning Reference – 230414

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Planning Officer:  Lucy Greene

The Committee had before it a report by the Chief Officer – Strategic Place Planning, which sought authority to hold a Public Hearing at Planning Development Management Committee for the application at Rosehill House, 202 Ashgrove Road West Aberdeen for the erection of mixed use restaurant (class 3) and takeaway (sui-generis) with car parking, landscaping, play frame and associated works including demolition.  A report would then be submitted to this Committee for determination at a future date. 

The report recommended:-

that the Committee –

(a)          agree to hold a Hearing for the application at this Committee; and

(b)          agree to report back for determination to this Committee. 

The Committee resolved:-

to approve the recommendations. 

Planning Reference – 230173

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Planning Officer:  Gavin Clark

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

That the application for Planning Permission in Principle for residential-led, mixed use development comprising approximately 1,575 homes, employment use, a neighbourhood centre comprising local retail and commercial provision, leisure and community uses and associated infrastructure including new and upgraded access roads, landscaping, open space and engineering works, at land at Greenferns, sites OP28 & OP33, Aberdeen, be approved conditionally and subject to notification to Scottish Ministers and a legal agreement.

Conditions

(01) LENGTH OF PERMISSION – PPIP

Applications for the approval of all matters specified in conditions of the Planning Permission in Principle hereby granted must be made before whichever is the latest of the following dates:

(a)  The expiration of twelve years beginning with the date of the planning permission in principle; or,

(b)  The expiration of six months from the date on which an earlier application (Matters Specified in Condition) for the requisite approval was refused or dismissed following an appeal or review.

In relation to any matter under part (b) above, only one application for approval of matters specified in conditions may be made after the expiration of the planning permission in principle.

The development of a subsequent phase hereby granted shall be begun before the expiration of two years from the final approval of the matters specified in conditions or, in the case of approval on different dates, the final approval of the last such matters to be approved.

Reason: to ensure compliance with section 59 (planning permission in principle) of the Town and Country Planning (Scotland) Act 1997 (as amended).

(02) PHASING PLAN

That prior to the commencement of development, an application for the approval of matters specified in conditions comprising a detailed phasing plan, setting out the details of the phasing of the development, shall be submitted to, and approved in writing by the Planning Authority. Thereafter the development shall be carried out in complete accordance with the approved Phasing Plan, unless otherwise agreed through the submission of a further matters specified in conditions application for an alternative phasing programme.

Reason: To ensure that build-out of the development is phased to avoid adverse impact on local services and infrastructure and in the interests of the visual amenity of the area.

(03) POST 2032 HOUSING

That notwithstanding the description provision of “1,575 homes” of the Planning Permission in Principle hereby approved, no more than 1,175 residential units shall be built on the development site prior to 2033.

Reason: A departure from Policy LR1 (Land Release Policy) of the Aberdeen Local Development Plan 2023, is only accepted on the basis that the housing allocation for the period marked 2033-2040 is not progressed until post 2032.

(04)    MATTERS REQUIRING FURTHER APPROVAL CONDITION FOR PLANNING PERMISSION IN PRINCIPLE

That application(s) for approval of matters specified in condition containing details of the specified matters listed below shall be submitted for consideration by the planning authority, in accordance with the timescales and other limitations  ...  view the full minutes text for item 5.

Planning Reference – 231018

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Planning Officer:  Alex Ferguson

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

That the application for Detailed Planning Permission for the change of use from class 1A (shops, financial professional and other services) to hot-food takeaway (sui generis) and installation of kitchen extract vent to rear elevation (part-retrospective) at 693 George Street Aberdeen, be approved subject to the following conditions:-

Conditions

(1) ODOUR MITIGATION

The hereby approved use shall not operate unless the critical odour mitigation measures achieving at least an equivalent effect of the measures listed in the approved Odour Impact Assessment (Couper Acoustics – 23 January 2024 - Ref: 2010212314 -V1) have been implemented in full. The mitigation measures shall include (but are not limited to) the installation of:

·       Grease baffle filters within extract canopy (providing initial grease removal/fire protection);

·       An ESP 3000 electrostatic precipitator;

·       Carbon filtration with a 0.4 – 0.8 second residence time.

Reason: In order to protect the amenity of neighbouring residential properties from cooking odour emissions.

(2) NOISE MITIGATION

The hereby approved use shall not operate unless the noise mitigation measures listed in the approved Noise Impact Assessment (Couper Acoustics – 23 January 2024 - Ref: 2010212314 - V1) have been implemented in full. The mitigation measures shall include (but are not limited to):

i.      The Local Extract Ventilation System (LEV) shall be installed in general accordance with the proposed Mechanical Extraction System drawing (Create Studio Architecture, Jan 2024).

ii.      The LEV shall have an intake/extract fan with equivalent (or lower) noise emissions to the Vent Axia ACM 315 fan (as detailed in Table 3 and Appendix A).

iii.     The LEV shall be fitted with a single silencer or a combination of silencers on the atmospheric side of the fan, providing the minimum dynamic insertion loss values shown in Table 4.

iv.     To reduce impact noise from worktops transferred to the first floor via the structural walls, worktops and surfaces in the preparation area should be free standing, ensuring the work surfaces are not rigidly linked to the structural wall.

v.     Tables and chairs (if any) shall be fitted with rubber feet to reduce any noise from movement and the front door shall incorporate an automatic closer system.

vi.     The existing ceiling should be inspected to ensure it is intact. Any areas of damage must be made good. The suspended ceiling with fissure tiles should not be removed and shall be lined with 100mm of mineral wool. Any damaged or missing fissure tiles must be replaced or made good.

vii.    If the ventilation canopy is to be fitted to the original ceiling it must be connected through drop rods with Masons HD acoustic resilient hanger with Unistrut. Hole penetrations should be sealed with everflex non hardening mastic.

Reason: In order to protect the amenity of neighbouring residential properties from noise emissions.

(3) OPENING HOURS

The hereby approved use shall only operate between the hours of 8am and 10pm on any given day.

Reason: In order to protect the  ...  view the full minutes text for item 6.

Planning Reference – 231300

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Planning Officer:  Robert Forbes

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

That the application for Detailed Planning Permission for the erection of 18-unit affordable housing development (comprising 10 houses and 8 flats) including associated vehicle access/egress, car parking, amenity/open space and other associated works, at the site of a former Nursery, Oscar Road, Aberdeen, be approved subject to the following conditions and subject to a legal agreement.

Conditions

(01)  DURATION OF PERMISSION

The development to which this notice relates must be begun not later than the expiration of 3 years beginning with the date of this notice. If development has not begun at the expiration of the 3-year period, the planning permission lapses.

Reason - In accordance with section 58 (duration of planning permission) of the 1997 act.

(02)  TREE PROTECTION

No development shall take place pursuant to this planning permission unless a further detailed scheme for the protection of all trees to be retained on the site during construction works has been submitted to, and approved in writing by, the Planning Authority and any such scheme as may have been approved has been implemented. 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. No fire shall be lit in a position where the flames could extend to within 5 metres of foliage, branches or trunks.

Reason - In order to ensure adequate protection for the trees /hedges on site during the construction of the development.

(03)  CONSTRUCTION MANAGEMENT

No development shall take place pursuant to this planning permission unless a construction environmental management plan for the site has been submitted to, and approved in writing by, the Planning Authority. This plan shall include site-specific measures in relation to minimisation of disturbance of existing vegetation and soils, minimisation of waste generation and avoidance of risk of water pollution during construction of the development, including temporary SUDS measures. Such scheme shall be implemented in full for the duration of construction works on site. For the avoidance of doubt and in order to avoid disturbance to existing habitat features, no temporary buildings / structures, or storage of materials, supplies, plant, machinery, spoil, waste/ excavated materials, chemicals or fuel shall be located / take place within the zone of influence as identified in Application Reference: 231300/DPP drawing no. ORT-2208-TP B or on adjacent undeveloped land located immediately to the south west of the site. No fire shall be lit in a position where the flames could extend to within 5 metres of foliage, branches or trunks of trees / hedges on site.

Reason: To ensure adequate protection of the environment and residential amenity during the construction of the development.

(04)  LANDSCAPE AND BIODIVERSITY ENHANCEMENT

No development shall take place pursuant to this permission unless a further detailed scheme of landscaping and biodiversity enhancement for the site has been submitted  ...  view the full minutes text for item 7.