Agenda, decisions and minutes

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

http://committees.aberdeencity.gov.uk/ieListDocuments.aspx?CId=348&MId=2555&Ver=4

The Sub Committee heard from the Convener who explained that decisions on appeals relating to applications considered by the Sub Committee had been notified to him.  He explained that the appeal against the refusal for an application at Jesmond Gardens (article 13 of the minute of meeting of the Sub Committee of 19 July, 2012) was upheld by the Scottish Government’s Reporter whilst the appeal against the Sub Committee’s decision to refuse the application at Earnsheugh Road had been refused and the Scottish Government’s Reporter had also dismissed the application for expenses whilst the appeal against the refusal made by the Sub Committee in relation to 265B to 267 North Deeside Road (article 22 of the minute of meeting of the Sub Committee of 19 July, 2012) had been refused by the Scottish Government’s Reporter.

With reference to article 1 of the minute of meeting of the Sub Committee of 6 December, 2012, the Sub Committee heard from the Head of Planning and Sustainable Development who explained that following Tesco’s submission of an appeal to the Supreme Court against the decision of the Inner House of the Court of Session to refuse its application to quash the Aberdeen Local Development Plan, a date had been set for the appeal hearing, this being 1 and 2 July, 2013.

The Sub Committee resolved:-

to note the information.

The Sub Committee had before it the minute of its previous meeting of 6 December, 2012.

The Sub Committee resolved:-

to approve the minute.

The Sub Committee had before it the minute of meeting of the Development Management Sub Committee (Visits) of 13 December, 2012.

The Sub Committee resolved:-

to approve the minute.

Reference Number - 121281

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 biomass combined heat and power (CHP) plant and associated works at the land at Stoneywood Paper Mill, Bucksburn, Aberdeen, withholding issue of the consent document subject to the signing of a legal agreement relating to developer contributions towards the strategic transport fund, core path and tree planting within the paper mill site, subject to the following conditions:-

(1)  that no development shall take place unless a plan showing those trees to be removed and those to be retained and a scheme for the protection of all trees to be retained on the site (including in areas to the west of the paper mill access road) 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;  (2)  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;  (3)  that 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;  (4)  that no development shall take place unless there has been submitted to and approved in writing by the planning authority a plan showing tree planting within the paper mill site, including on the retained mound, including details of species and size, together with a management plan for the area of the woodland to the west of the paper mill access road and the wooded area on the remaining mound.  The planting within the woodland to the west shall be completed by the end of the first planting season following commencement of the development, and that to other areas shall take place within the first planting season following completion of the development, both unless otherwise agreed in writing with the planning authority.  Any trees becoming diseased or dying within 5 years of completion of the development shall be replaced with trees of similar species and size.  The management plan shall be implemented and regularly updated;  (5)  obstacle lights shall be placed on cranes or other construction equipment to be used in the development of the site.  The obstacle lighting scheme shall be implemented for the duration of the construction period.  These obstacle lights must be steady red lights with a minimum intensity or 200 candelas.  Periods of illumination of obstacle lights, obstacle  ...  view the full minutes text for item 4.

Reference Number - 120723

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 in principle for the erection of 550 units of residential development at the land to the south of Shielhill Road, Dubford, Bridge of Don, Aberdeen, subject to legal obligation and the following conditions:-

(1)  that no development pursuant to the planning permission in principle hereby approved shall be carried out until such time as a further application has been made to the planning authority for approval of the matters specified in this condition and such approval has been granted; these matters being details of the:-  (a) means of access;  (b) siting;  (c) design and external appearance of the buildings;  and (d) the landscaping of the site;  (2)  that this planning permission in principle shall lapse unless a further application for approval of the matters specified in condition 1  attached to this grant of planning permission in principle has been made before whichever is the latest of the following:-  (a) the expiration of 3 years from the date of this grant of planning permission in principle;  (b) the expiration of 6 months from the date on which an earlier application for the requisite approval of matters specified in conditions was refused;  (c) the expiration of 6 months from the date on which an appeal against such refusal was dismissed;  (3)  that this planning permission in principle shall lapse on the expiration of 2 years from the approval of matters specified in conditions being obtained (or, in the case of approval of different matters on different dates, from the requisite approval for the last such matter being obtained) unless the development to which the permission relates is begun before that expiration;  (4)  that no development shall take place unless there has been submitted to and agreed in writing by the planning authority detailed schemes for improvements to the junctions / roads as identified in the approved transport statement.  Thereafter the development shall not be occupied unless the said junction improvements have been implemented in full;  (5)  that no development shall take place unless there has been submitted to and approved in writing by the planning authority a detailed Green Transport Plan, which outlines sustainable measures to deter the use of the private car, in particular single occupant trips and provides detailed monitoring arrangements, modal split targets and associated penalties for not meeting targets;  (6)  that no dwelling hereby approved shall be occupied unless the car parking associated with that particular dwelling has been constructed, drained, laid-out and demarcated in accordance with the approved layout drawing or such other drawing as may subsequently be submitted and approved in writing by the planning authority;  (7)  that no development shall take place unless it is carried out in full accordance with a scheme to deal with potential contamination on the site that has been approved in writing by the planning authority.  The scheme shall follow  ...  view the full minutes text for item 5.

Reference Number - 120722

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 planning permission for the proposed residential development of 109 units (81 houses and 28 flats) at the land to the south of Shielhill Road, Dubford, Bridge of Don, subject to legal obligation and the following conditions:-

(1)  that no development shall take place unless there has been submitted to and agreed in writing by the planning authority detailed schemes for improvements to the junctions as detailed in the approved transport statement.  Thereafter the development shall not be occupied, other than in agreement with the planning authority, unless the said junction improvements have been implemented in full;  (2)  that no development shall take place unless there has been submitted to and approved in writing a detailed Green Transport Plan, which outlines sustainable measures to deter the use of the private car, in particular single occupant trips and provides detailed monitoring arrangements, modal split targets and associated penalties for not meeting targets;  (3)  that no dwelling hereby approved shall be occupied unless the car parking associated with that particular dwelling has been constructed, drained, laid-out and demarcated in accordance with the approved layout drawing or such other drawing as may subsequently be submitted and approved in writing by the planning authority;  (4)  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 submitted to, and 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;  and (c)  a remediation plan to address any significant risks and ensure the site is fit for the use proposed.  No buildings on the development site shall be occupied unless  (i)  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  (ii)  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 on the application site shall not be occupied unless a report has been submitted and approved in writing by the planning that verifies that completion of the remedial works for the entire application site, unless the planning authority has given written consent for a variation;  (5)  that no development pursuant to this planning  ...  view the full minutes text for item 6.

Reference Number - 121422

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 for planning permission for a mixed use development comprising 41 residential units and 5 commercial units at the land to the south of Shielhill Road, Dubford, Bridge of Don, Aberdeen, subject to legal obligation and the following conditions:-

(1)  that no development shall take place unless there has been submitted to and agreed in writing by the planning authority detailed schemes for improvements to the junctions / roads as identified in the approved transport statement.  Thereafter the development shall not be occupied unless the said junction improvements have been implemented in full;  (2)  that no development shall take place unless there has been submitted to and approved in writing by the planning authority a detailed Green Transport Plan, which outlines sustainable measures to deter the use of the private car, in particular single occupant trips and provides detailed monitoring arrangements, modal split targets and associated penalties for not meeting targets;  (3)  that no dwelling hereby approved shall be occupied unless the car parking associated with that particular dwelling has been constructed, drained, laid-out and demarcated in accordance with the apporved layout drawing or such other drawing as may subsequently be submitted and approved in writing by the planning authority;  (4)  that no development shall take place unless it is carried out in full accordance with a scheme to deal with potential contamination on the site that has been submitted to and 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;  and (c) a remediation plan to address any significant risks and ensure the site is fit for the use proposed.  No buildings on the development site shall be occupied unless  (i)  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 (ii)  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 on the application site shall not be occupied unless a report has been submitted and approved in writing by the planning that verifies that completion of the remedial works for the entire application site, unless the planning authority has given written consent for a variation;  (5)  that no development pursuant to  ...  view the full minutes text for item 7.

Reference Number - 121387

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 191 dwellings at the land to the south of Shielhill Road, Dubford, Bridge of Don, Aberdeen subject to legal obligation and the following conditions:-

(1)  that no development shall take place unless there has been submitted to and agreed in writing by the planning authority detailed schemes for improvements to the junctions and roads as specified in the agreed transport statement.  Thereafter the development shall not be occupied, other than with the agreement of the planning authority, unless the said junction improvements have been implemented in full;  (2)  that no development shall take place unless there has been submitted to and approved in writing a detailed Green Transport Plan, which outlines sustainable measures to deter the use of the private car, in particular single occupant trips and provides detailed monitoring arrangements, modal split targets and associated penalties for not meeting targets;  (3)  that no dwelling hereby approved shall be occupied unless the car parking associated with that particular dwelling has been constructed, drained, laid-out and demarcated in accordance with the approved layout drawing or such other drawing as may subsequently be submitted and approved in writing by the planning authority;  (4)  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 submitted to and 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;  and  (c)  a remediation plan to address any significant risks and ensure the site is fit for the use proposed.  No buildings on the development site shall be occupied unless  (i)  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  (ii)  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 on the application site shall not be occupied unless a report has been submitted and approved in writing by the planning that verifies that completion of the remedial works for the entire application site, unless the planning authority has given written consent for a variation;  (5)  that no development pursuant to this  ...  view the full minutes text for item 8.

Reference Number - 120640

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 demolition of the existing buildings and the erection of 100 flats with associated car parking and landscaping at 105-107 Urquhart Road, Aberdeen, withholding with the applicant securing legal agreements with the Council to secure affordable housing and developer contributions towards community facilities, recreation, libraries, core path network, education, local transport improvements and the strategic transport fund, to ensure that parking within the site remains unallocated and to safeguard land within the site for a potential link to the residential development to the north, subject to the following conditions:-

(1)  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 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.  No building(s) on the development site shall be occupied unless  (i)  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  (ii)  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 buildings on the application site shall not be occupied unless a report has been submitted and approved in writing by the planning that verifies that completion of the remedial works for the entire application site, unless the planning authority has given written consent for a variation;  (2)  that no development shall take place unless a scheme detailing the proposed site boundary enclosures for the development site which should including reuse of existing granite for the boundary wall along Urquhart Road.  Thereafter no unit within either phase shall be occupied unless the boundaries for that phase have been provided in accordance with the said scheme and the approved phasing plan (drawing 120629-01) or such other drawing as may subsequently be submitted and approved in writing by the planning authority;  (3)  that no development shall take place unless a scheme detailing all external finishing materials to the roof and walls of the development has been submitted to and approved in writing by the  ...  view the full minutes text for item 9.

Reference Number - 120909

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 proposed drive-through restaurant at the Queen’s Links Leisure Park, Queen’s Links, Aberdeen, subject to legal obligation and 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 no development shall take place pursuant to this planning permission unless a scheme detailing cycle storage provision has been submitted to, and approved in writing by the planning authority.  The building hereby granted planning permission shall not be occupied unless the approved scheme has thereafter been  implemented in full;  (3)  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;  (4)  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. 2250/1000 E 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 /or the use of the wider leisure park;  (5)  that the building herepy 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 beeen approved in writing by the planning authority and unless the equipment has been installed in accordance with those approved details;  (6)  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;  (7)  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  ...  view the full minutes text for item 10.

Reference Number - 121292

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 proposed offices and workshop, an open storage yard and the erection of a boundary fence at Shielhill, Bridge of Don, Aberdeen, subject to legal obligation and the following conditions:-

(1)  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;  (2)  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;  (3)  that no development pursuant to this planning permission shall take place, nor shall any part of the development hereby approved be occupied, unless there has been submitted to and approved in writing by the Planning authority, a detailed scheme of site and yard boundary enclosures for the  development hereby granted planning permission.  The buildings hereby granted planning permission shall not be occupied unless the said scheme has been implemented in its entirety;  (4)  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;  (5)  that no deliveries to or uplifts from the premises shall take place, nor shall any operations take place within the building or yard, other than during the hours from 7.00 am until 7.00 pm, Mondays to Fridays and from 8.00am until 1.00pm on Saturdays, nor at any time on Sundays, unless the planning authority has given prior written approval for a variation;  (6)  all noise attenuation measures identified by the approved noise assessment report  which are required in order to prevent any adverse impacts on the amenity of residents in the surrounding area shall be installed prior to operation of the building hereby approved, unless the planning authority has given  ...  view the full minutes text for item 11.

Reference Number - 120919

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 two dwelling houses at Inchyra, Murtle Den Road, Milltimber, Aberdeen, subject to the following conditions:-

(1)  that no development shall take place unless further details of the proposed waste water treatment units and soakaways have been submitted to and approved in writing by the planning authority.  Thereafter no part of the development shall be occupied unless the drainage scheme has been installed in complete accordance with the approved details and Drainage Impact Assessment B8599 (Nov.  2012) by Ramsay & Chalmers;  (2)  that no development pursuant to this planning permission shall take place, nor shall any part of the development hereby approved be occupied, unless there has been submitted to and approved in writing by the planning authority, a detailed scheme of site and plot boundary enclosures for the entire development hereby granted planning permission.  None of the buildings hereby granted planning permission shall be occupied unless the said scheme has been implemented in its entirety;  (3)  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;  (4)  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;  (5)  that no development shall take place unless construction details and method of construction of both the proposed driveways has been submitted to and approved in writing by the planning authority.  The construction method should utilise the principles described in Arboricultural Practice Note 12 (Through the Trees to Development) by the Tree Advice Trust.  Thereafter construction shall take place in accordance with the agreed details;  (6)  that no development shall take place unless the tree protection fencing shown in Appendix F of Tree Report MDM-1211-TR (6 December 2012) and on drawing MDR-1211-TP (6 December 2012) of the plans hereby approved has been erected.  Thereafter the tree protection fencing shall remain in place until the  ...  view the full minutes text for item 12.

Reference Number - 121617

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 lighting columns to the top storey of the  multi storey car park at Frederick Street, Aberdeen, subject to the following condition:-

that the lights hereby approved shall not be used unless a scheme for cowling / angling of the light sources in order to prevent spillage of light outwith the site has been submitted to and approved in writing by the planning authority, and thereafter implemented in full accordance with said scheme.

The Sub Committee resolved:-

to approve the recommendation contained in the report.

Reference Number - 121504

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 extension to the rear, the formation of new dormers, the erection of a porch to the front elevation and straightening of the roof hips at 31 Hillview Terrace, Cults, Aberdeen.

The Sub Committee resolved:-

to approve the recommendation contained in the report.

The Sub Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which provided information on recent appeal decisions, recent updates on Scottish Government planning advice and other aspects of the planning service.

The Sub Committee resolved:-

to note the report.

The Convener explained to the Sub Committee that as the Council Budget meeting was now to be held on 14 February, 2013 at 2.00pm he proposed that the next meeting of the Sub Committee (which was due to meet at 10.00am on 14 February, 2013) now be moved to 15 February, 2013 at a time to be determined.

The Sub Committee resolved:-

to note the details and to note that the Head of Legal and Democratic Services would inform members of the time of the meeting of the Sub Committee on 15 February, 2013.

- RAMSAY MILNE, Convener.