Agenda, decisions and minutes

Also present from article 10 onwards:-  Councillor Greig.

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

http://committees.aberdeencity.gov.uk/ieListDocuments.aspx?CId=348&MId=2551&Ver=4

The Sub Committee had before it the minute of its previous meeting of 19 July, 2012 for approval.

The Sub Committee resolved:-

(i)         to agree to amend the declaration of interest prior to article 8 to the minute to read the following:-  “The Convener declared an interest in relation to the following item by virtue of his employment by NHS Grampian which part owned the site.  The Convener considered that the nature of his interest required him to leave the meeting and took no part in the deliberations thereon.”;  and

(ii)        to otherwise approve the minute.

The Sub Committee had before it the minute of meeting of the Development Management Sub Committee (Visits) of 2 August, 2012.

The Sub Committee resolved:-

(i)         to agree to amend the declaration of interest prior to article 6 to the minute to read the following:-  “The Convener declared an interest in relation to the following item by virtue of his employment by NHS Grampian which part owned the site.  The Convener considered that the nature of his interest required him to leave the meeting and took no part in the deliberations thereon.”; and

(ii)        to otherwise approve the minute.

The Sub Committee had before it a report by the Director of Corporate Governance which sought the Sub Committee’s approval to formally adopt new procedures for the operation of site visits.

The report recommended:-

that the Sub Committee –

(a)       approve that the determination of applications which have been the subject of a site visit should be at the next scheduled meeting of the Development Management Sub Committee;

(b)       approve that Members must attend the site visit in order to determine the application (this includes the proposing, seconding of any motion/amendment, entering the debate and voting);

(c)        agree that any Member (substantive Member of the Sub Committee or local Member) who wants the Sub Committee to visit a site be required to specified the planning grounds for doing so prior to the decision being made on the proposal to visit; and

(d)       to note and adhere to the guidelines for Sub Committee site visits as detailed in the report.

The Convener moved, seconded by Councillor Morrison MBE:-

that Members require to attend the substantive Sub Committee meeting (where the original application is considered) in order to determine any application subsequently deferred for a site visit.

Councillor McCaig moved as an amendment, seconded by Councillor Cormie:-

that Members do not require to attend the substantive Sub Committee meeting (where the original application is considered) in order to determine any application subsequently deferred for a site visit.

On a division, there voted:-  for the motion (8) – the Convener; and Councillors Boulton, Grant, Jaffrey, Lawrence, Jean Morrison MBE, Stewart and Thomson; for the amendment (4) – Councillors Cormie, Finlayson, MacGregor and McCaig.

The Sub Committee resolved:-

(i)         to adopt the motion;

(ii)        to agree that the determination of applications which have been the subject of a site visit should be on the day of the visit and on site;

(iii)       that any member (substantive Member of the Sub Committee or local Member) who wants this Sub Committee to visit a site be required to specify the planning grounds for doing so prior to a decision being made on the proposal to visit;

(iv)       to note that advice from planning officials will be available to assist Members to identify planning grounds in the advance of meetings of the Sub Committee;

(v)        to note the general guidance for site visits (which has been altered to reflect the above decision) as follows:-

a)                 site visits enable Committee Members to reach an informed decision; to ensure fairness, this guidance should be observed during these visits.  Furthermore, the Code of Conduct applies; interests should be declared and Members should not attend if they have a prejudicial interest;

b)                 site visits are not intended as an opportunity for objectors, applicants or others to lobby Members or argue their case.  Members need to remain impartial; they must not appear to favour one or other party and must avoid reaching a final decision until all views have been presented;

c)                  procedure on site - the planning officer  ...  view the full minutes text for item 3.

Reference Number - 120166

With reference to article 2 of the minute of meeting of the Development Management Sub Committee (Visits) of 2 August, 2012, wherein a site visit had been undertaken, the Sub Committee had before it a report by the Head of Planning and Sustainable Development which recommended:-

That the Sub Committee approve the application in respect of planning permission to erect a single 800kw wind turbine, associated ancillary equipment and the formation of an access track, subject to the following conditions:-

(1)  That no development shall take place within the application site until the applicant has secured the implementation of a programme of archaeological work which shall include post-excavation and publication work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the planning authority;  (2)  That prior to work commencing on site, full colour details of the proposed turbine shall be submitted for the further written approval of the planning authority and the development shall be implemented in accordance with the approved details;  (3)  That 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;  (4)  That 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 areas on the land, and details of any to be retained, 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;  (5)  That all planting, seeding and turfing comprised in the approved scheme of landscaping shall be carried out in the first planting season following the completion of the development and any trees or plants which within a period of 5 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 size and species similar to those originally required to be planted, or in accordance with such other scheme as may be submitted to and approved in writing for the purpose by the planning authority;  (6)  That prior to the commencement of development on the site, the developer shall obtain written approval from the planning authority, following consultation with Transport Scotland - Trunk Road Network Management Directorate (the trunk roads authority) and Grampian Constabulary, for a traffic management plan.  This plan shall include details of:- (i) routing of construction traffic and construction workers' traffic; (ii) provision of any temporary car park; (iii) controlled routing of heavy  ...  view the full minutes text for item 4.

Reference Number – 120120

With reference to article 3 of the minute of meeting of the Development Management Sub Committee (Visits) of 2 August 2012, wherein a site visit had been undertaken, the Sub Committee had before it a report by the Head of Planning and Sustainable Development which recommended:-

That the Sub Committee approve unconditionally the application in respect of planning permission for alterations to the existing rear annexe to the property, including new or revised fenestration, part increase in roof height, balcony and external stair, and the installation of Velux windows to the front elevation, replacing existing skylights.

The Sub Committee heard from Councillor Greig as one of the local Members for the Ward who expressed the concern of local residents in relation to the application.

The Convener moved, seconded by Councillor McCaig:-

that the recommendation contained in the report be approved with an additional condition that the holes in the external stairway be covered to lessen the visual impact of the proposal from neighbouring properties.

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

that the application be refused as it will result in the loss of privacy for neighbouring properties.

On a division, there voted:-  for the motion (7) – the Convener;  and Councillors Cormie, Grant, Jaffrey, MacGregor, McCaig and Jean Morrison MBE;  for the amendment (4) – Councillors Boulton, Finlayson, Jennifer Stewart and Thomson;  declined to vote (1) – Councillor Lawrence.

The Sub Committee resolved:-

to adopt the motion.

Reference Number - 120274

With reference to article 4 of the minute of meeting of the Development Management Sub Committee (Visits) of 2 August, 2012, wherein a site visit had been undertaken, the Sub Committee had before it a report by the Head of Planning and Sustainable Development which recommended:-

That the Sub Committee approve unconditionally the application in respect of planning permission for a proposed single and two storey extension to the rear elevation of the property.

The Sub Committee resolved:-

to defer the application subject to further discussion with the developer regarding the potential reduction of the size of the extension.

DECLARATION OF INTEREST

Councillor Finlayson declared an interest in relation to the following item by virtue of his position as Chairperson of Cove and Altens Community Council, prior to his election, which had objected to the planning application in question.  Councillor Finlayson considered that the nature of his interest required him to leave the meeting and took no part in the deliberations thereon.

Reference Number - 120202

With reference to article 5 of the minute of meeting of the Development Management Sub Committee (Visits) of 2 August 2012, wherein a site visit had been undertaken, the Sub Committee had before it a report by the Head of Planning and Sustainable Development which recommended:-

That the Sub Committee approve the application in respect of planning permission for the erection of a single storey retail unit of 308 square metres gross floor space, with associated car parking, subject to the following conditions:-

(1)  That 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;  (2)  That, except as the planning authority may otherwise agree in writing, no construction or demolition work shall take place:  (a)  outwith the hours of 7.00 am to 7.00 pm Mondays to Fridays;  (b)  outwith the hours of 9.00 am to 4.00 pm Saturdays; or  (c)  at any time on Sundays, except (on all days) for works inaudible outwith the application site boundary.  [For the avoidance of doubt, this would generally allow internal finishing work, but not the use of machinery];  (3)  That the building(s) hereby approved shall not be brought into use unless details of the zero and low carbon equipment to be incorporated into the development and predicted carbon emissions, using SAP or SBEM calculations, have been approved in writing by the planning authority and unless the equipment has been installed in accordance with those approved details;  (4)  That prior to the commencement of the use hereby approved a 2.0 metre high close boarded fence shall be installed along the entire length of the eastern boundary of the site to the specification included in Para 6.05 of the Noise Impact Assessment dated 28 May 2012;  (5)  That deliveries shall not take place to the premises other than during the hours from 8.00 am until 6 pm, Mondays to Saturdays inclusive and 10.00 am to 4.00 pm on Sundays, unless the planning authority has given prior written approval for a variation.

The Sub Committee resolved:-

to refuse the application as the application will adversely affect the residential amenity, specifically the noise from the potential development would adversely affect neighbouring properties.

DECLARATION OF INTEREST

The Convener declared an interest in relation to the following item by virtue of his employment by NHS Grampian which part owned the site.  The Convener considered that the nature of his interest required him to leave the meeting and took no part in the deliberations thereon.

In the absence of the Convener, Councillor Jean Morrison, MBE took the Chair.

Reference Number - 120584

With reference to article 6 of the minute of meeting of the Development Management Sub Committee (Visits) of 2August 2012, wherein a site visit had been undertaken, the Sub Committee had before it a report by the Head of Planning and Sustainable Development which recommended:-

That the Sub Committee approve the application in respect of planning permission for a residential development of nine units, comprising six dwellinghouses and three flatted properties, to be built on the vacant site, subject to the following conditions and withholding consent until the signing of a legally binding agreement to secure affordable housing and developer contributions:-

(1)  That no development shall take place unless details of the zero and low carbon equipment to be incorporated into the development and predicted carbon emissions, using SAP or SBEM calculations, have been approved in writing by the planning authority.  Thereafter none of the units hereby granted planning permission shall be occupied unless the equipment has been installed in accordance with those approved details;  (2)  That no development shall take place unless a plan a scheme for the protection of all trees to be retained along the western site boundary 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.  The scheme must include details of the proposed changes in ground level within the gardens of plots 1 and 2;  (3)  That no development shall take place unless a scheme detailing all external finishing materials to the roof and walls (to include granite on the front elevation walls and north gable elevation) of the development hereby approved has been submitted to, and approved in writing by, the planning authority and thereafter the development shall be carried out in accordance with the details so agreed;  (4)  That no development shall take place unless a detailed site specific construction method statement for the site 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;  (5)  That none of the units hereby granted planning permission shall be occupied unless a new pedestrian footpath as shown on drawing 1343-P-001(Rev.G) or such other plan as may subsequently be approved in writing by the planning authority for the purpose, has been constructed or a variation granted in writing by the planning authority;  (6)  That none of the units hereby granted planning permission shall be occupied unless all drainage works detailed in the Drainage Impact Assessment dated 13 June 2012 by Ramsay and Chalmers or such other plan as may subsequently be approved in writing by the planning authority for the purpose have been installed in complete accordance with the said plan;  (7)  That none of the units hereby granted planning permission shall  ...  view the full minutes text for item 8.

Reference Numbers – 120029 and 120952

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

That the Sub Committee approve the applications (two separate applications for Matters Specified in Conditions (MSC) on two adjoining application sites) but to withhold the issue of the consent document until the applicant has entered into appropriate arrangements with the Council for making the financial contributions in lieu of road improvements and has made payment to Transport Scotland in lieu of works to the A90(T) trunk road at Hazledene Road to the north and Countesswells Road to the south, Aberdeen.

These applications seek approval for matters which were specified in conditions attached to planning consents A7/2178 (Pinewood) and A8/0530 (Hazledene) respectively.  The report explained that the principle of development of a certain scale has been established through the grant of those consents, and it will not be appropriate to revisit this in considering the proposals this day.  The report explained that the purpose of the applications relating to Matters Specified in Conditions is to secure further information or specifications as required by conditions which were placed on an approval of planning permission in principle.  The report explained that not all conditions required a submission of further information (but those which do shall be the subject of one or more applications for MSC).

The report explained that the applicant sought approval of matters specified in conditions in relation to a number of different conditions as detailed in the report.

The Sub Committee heard from Councillor Greig as one of the Local Members for the Ward who expressed constituents’ concerns regarding the applications.  Councillor Greig expressed the opinion that it was difficult to consider the reports due to the lack of details relating to the traffic impact assessment.

The Convener moved, seconded by Councillor Boulton:-

that the recommendations contained in the report be approved and that officers be requested to contact First Aberdeen and the developer to determine whether it will be necessary to review the level of financial contribution in light of changes to the 16A bus service in the time since issue of the original letter (October 2011) and to simultaneously determine whether (a) the applicant would be willing to direct any excess towards “improvements” in the frequency of the 16A bus service;  (b)  whether First Aberdeen would be willing to consider an increased frequency using such “overpayment”;  (c)  whether the difference following review of the contribution is of a level which would make such service improvement feasible; and (d)  to ask if the developer would be willing to spend the excess on something else within the area (if the detail at (a) to (c) above could not be agreed), whether that be under the heading of sustainable transport or any other community benefit.

Councillor Stewart, moved as an amendment, seconded by Councillor Thomson:-

that the application be refused due to the adverse traffic impact the application would have on the area.

On a division, there voted:-  for the motion (9) –  ...  view the full minutes text for item 9.

Reference Number - 120787

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

That the Sub Committee approve the application in respect of alterations and extension of an office at 70 Queen’s Road, Aberdeen, subject to the following conditions:-

(1)  That the development hereby approved shall not be occupied unless the car parking areas hereby granted planning permission have been constructed, drained, laid-out and demarcated in accordance with drawing No. 100D 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;  (2)  That 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 hard and soft landscaping for the site, which scheme shall include indications of all existing trees and landscaped areas on the land, and details of any to be retained, 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;  (3)  That all planting, seeding and turfing comprised in the approved scheme of landscaping shall be carried out in the first planting season following the completion of the development and any trees or plants which within a period of 5 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 size and species similar to those originally required to be planted, or in accordance with such other scheme as may be submitted to and approved in writing for the purpose by the planning authority;  (4)  That no part of the development hereby approved shall be occupied unless a plan and report illustrating appropriate management proposals for the care and maintenance of all trees to be retained and any new areas of planting (to include timing of works and inspections) has been submitted to and approved in writing by the planning authority.  The proposals shall be carried out in complete accordance with such plan and report as may be so approved, unless the planning authority has given prior written approval for a variation;  (5)  That any tree work which appears to become necessary during the implementation of the development shall not be undertaken without the prior written consent of the planning authority; any damage caused to trees growing on the site shall be remedied in accordance with British Standard 3998: 2010 "Recommendations for Tree Work" before the building hereby approved is first occupied;  (6)  That, except as the planning authority may otherwise agree in writing, no construction or demolition work shall take place:  (a)  outwith the hours of  ...  view the full minutes text for item 10.

Reference Number - 120374

The Sub Committee noted that this application had been withdrawn due to new legal advice being presented.  It was further noted that the report would be submitted to a future meeting.

Reference Number - 120615

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

That the Sub Committee approve the application in respect of the proposed change of use and alterations on the first floor from office to form seven flats at 27 Crown Terrace, Aberdeen, subject to the following conditions:-

(1)  That, except as the planning authority may otherwise agree in writing, no construction or demolition work shall take place:  (a)  outwith the hours of 7.00 am to 7.00 pm Mondays to Fridays;  (b)  outwith the hours of 9.00 am to 4.00 pm Saturdays;  or  (c)  at any time on Sundays, except (on all days) for works inaudible outwith the application site boundary.  [For the avoidance of doubt, this would generally allow internal finishing work, but not the use of machinery];  (2)  That the use hereby granted planning permission shall not take place unless provision has been made within the application site for refuse storage and disposal in accordance with a scheme which has been submitted to and approved in writing by the planning authority;  (3)  That no development pursuant to this planning permission shall take place nor shall the building be occupied unless there has been submitted to and approved in writing for the purpose by the planning authority an assessment of the noise levels likely within the building, unless the planning authority has given prior written approval for a variation.  The assessment shall be prepared by a suitably qualified independent noise consultant and shall recommend any measures necessary to ensure a satisfactory noise attenuation for the building.  The property shall not be occupied unless the said measures have been implemented in full;  (4) That none of the flats hereby granted planning permission shall be occupied unless the cycle storage facilities as shown on drawing no. 120615-001 have been provided;  (5)  That prior to the date of occupation of each unit hereby approved, the developer shall provide evidence that it has paid for and provided two annual memberships of a car club for a period of two years the first owner of each flat.

The Sub Committee resolved:-

To defer consideration of the application meantime to enable members to visit the site.  The reason given for visiting the site was the overdevelopment of the site.

Reference Number - 120983

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

That the Sub Committee approve the application for the erection of a 20.5m high slimline lattice tower supporting 6 radio antennae, 2 transmission dishes and the installation of 5 ground based equipment cabinets; 1 electrical meter cabinet and ancillary development all for the purpose of telecommunications at site 55, Greenhole Place, Bridge of Don Industrial Estate, Aberdeen subject to the following conditions:-

(1)  That in the event that any part of this equipment becomes obsolete or redundant, it must be removed within 6 months of such event.  In the event that all of this equipment is removed, the site shall be made good, in accordance with a scheme to be submitted and approved in writing by the planning authority, within 1 month of such removal;  (2)  That no development shall take place unless it is carried out in full accordance with a scheme to deal with contamination on the site that has been approved in writing by the planning authority.

The Sub Committee resolved:-

to approve the recommendation.

Reference Number - 120957

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

That the Sub Committee approve the application for 1 DSLAM Telecommunications broadband cabinet adjacent to 3 Rubislaw Den South, Aberdeen, subject to the following condition:-

(1)  That in the event that any part of this equipment becomes obsolete or redundant, it must be removed within 6 months of such event.  In the event that all of this equipment is removed, the site shall be made good, in accordance with a scheme to be submitted and approved in writing by the planning authority, within 1 month of such removal.

The Sub Committee resolved:-

to approve the recommendation.

Reference Number - 120895

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

That the Sub Committee approve the application in respect of planning permission for
1 DSLAM Telecommunications broadband cabinet opposite 68 St Machar Drive, Aberdeen, subject to the following condition:-

That in the event that any part of this equipment becomes obsolete or redundant, it must be removed within 6 months of such event.  In the event that all of this equipment is removed, the site shall be made good, in accordance with a scheme to be submitted and approved in writing by the planning authority, within 1 month of such removal.

The Sub Committee resolved:-

to approve the recommendation.

Reference Number - 120954

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

That the Sub Committee approve the application in respect of planning permission for
1 DSLAM Telecommunications broadband cabinet adjacent to 9 St Swithin Street (situated on Gladstone Place), Aberdeen, subject to the following condition:-

That in the event that any part of this equipment becomes obsolete or redundant, it must be removed within 6 months of such event.  In the event that all of this equipment is removed, the site shall be made good, in accordance with a scheme to be submitted and approved in writing by the planning authority, within 1 month of such removal.

The Sub Committee resolved:-

to approve the recommendation.

The Sub Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which provided information on aspects of the planning service.

The Sub Committee resolved:-

to note the report.

- RAMSAY MILNE, Convener.