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=2556&Ver=4

The Sub Committee heard from the Convener who explained (a)  that the Prince’s Trust were to send out an invite to all members of the Sub Committee to visit the Stanley Mills site;  and  (b)  that item 2.6 on the agenda (14 Forbes Street) had been withdrawn due to a notification issue.

The Sub Committee resolved:-

to note the information.

The Sub Committee had before it the minute of its previous meeting of 17 January 2013.

The Convener made a statement based on comments made via social media suggesting that the Labour Group on the Council had voted on political grounds on item 12 of the minute (Inchyra – Murtle Den Road, Milltimber) and he wanted to publicly state that he was disappointed in these comments made by a member of the Sub-Committee and confirmed that no member of the Labour Group had colluded with colleagues in relation to the determination of the item in question.

The Sub Committee then heard from Councillor Boulton who explained that she had been contacted by members of the public regarding the alleged statement and that in her opinion the statement was detrimental to the planning process and that the comments could be taken out of context.

The Sub Committee resolved:-

(i)         to note the statement by the Convener;  and

(ii)        to otherwise approve the minute.

Reference Number - 121582

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 proposed residential development of 2 houses at 3 Elmfield Place, Aberdeen, subject to the following conditions:-

(1)  that no development shall commence on site until the boundary wall along Elmfield Place has been reduced in height to no higher than 1.0 metre in height over the first 1.0 metre of its length measured back from its point nearest Elmfield Avenue;  (2)  that no development shall commence on site until full details of the surfacing of Elmfield Place and the car parking and turning area has been submitted to and approved in writing by the planning authority.  For the avoidance of doubt Elmfield Place shall be designed as a shared use surface.  The development shall be fully completed in accordance with the approved details prior to first occupation of any one of the houses hereby approved;  (3)  that notwithstanding the details submitted, no development shall commence until full details of the external materials, including type and colour, have been submitted to and approved in writing by the planning authority, including samples as may be required.  The development shall be fully completed in accordance with the approved details;  (4)  that no development shall commence until full details of the proposed boundary treatments, including walls and fences, have been submitted to and approved in writing by the planning authority.  Boundary treatments shall also include those between the plots.  Details shall include height, specification and materials of the boundary treatment(s).  The development shall be fully completed in accordance with the approved details prior to first occupation of any one of the houses hereby approved;  (5)  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];  (6)  that no occupation of any one of the units hereby approved shall take place until the parking spaces and turning area as shown on the approved plans have been completed in full.  The parking spaces and turning areas shall be retained thereafter for such use;  and  (7)  that no occupation of any one of the units hereby approved shall take place until the bin storage area as shown on the approved plans has been provided in full.  The bin storage areas shall be retained thereafter for such use.

The Sub Committee then heard from Councillor May as one of the local members who read out an email from a local resident.  Councillor May concluded his presentation by requesting that the Sub Committee consider a site visit  ...  view the full minutes text for item 3.

Reference Number - 121679

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 to demolish the existing dwellinghouse and erect a replacement dwellinghouse at The Lodge, Tor Na Dee, 106 North Deeside Road, Milltimber, subject to the following conditions:-

(1)  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;  (2)  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;  (3)  that notwithstanding the provisions of Article 3 and Schedule 1, Parts 1, 2 and 3 of the Town and Country planning (General Permitted Development) (Scotland) Order 1992 no extensions, alterations or improvements which materially affect the external appearance of the dwellinghouse, nor any means of enclosure shall be erected or carried out either on, or in the curtilage, of the dwelling houses hereby approved without a further grant of planning permission from the planning authority;  (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 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 during construction works  ...  view the full minutes text for item 4.

Reference Number - 120919

With reference to article 12 of the minute of meeting of the Sub Committee of 17 January, 2012, 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 erection of two dwellinghouses at Inchyra, Murtle Den Road, Milltimber, 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 Aboricultural 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  ...  view the full minutes text for item 5.

Reference Number - 121396

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 to the change of use from Class 1 (Shop) to mixed use (Class 3 – Restaurant and Public House) at 257 Union Street, Aberdeen, subject to the following conditions:-

(1) that the use hereby granted planning permission shall not take place unless a scheme for the provision of refuse, recycling and empty bottle storage within the premises has been submitted to and approved in writing by the planning authority.  The premises shall not open for business unless the approved scheme has been fully implemented and is available for use;  (2) that the use hereby granted planning permission shall not take place unless a scheme showing the proposed means of filtering, extracting and dispersing cooking fumes from the premises has been submitted to and approved in writing by the planning authority and that the said scheme has been implemented in full and is ready for operation;  and  (3) that service deliveries and collections shall be restricted to between 0700-1900 Monday to Saturday and 0900-1900 on Sundays.

The Sub Committee asked questions regarding the Union Street Frontages Guidelines as detailed within the report and the Head of Planning and Sustainable Development explained that these Guidelines would be reviewed as part of the ongoing Local Development Plan process.

The Convener moved, seconded by Councillor Corall:-

that the recommendation contained within the report be approved.

Councillor Boulton moved as an amendment, seconded by Councillor Malone:-

that the application be refused as it was an example of the further erosion of the Union Street Frontages Guidelines and Policy and contravened Policy C2 (City Centre Business Zone and Union Street) of the Aberdeen Local Development Plan.

On a division, there voted:-

For the motion:-  (9) – the Convener;  and Councillors Corall, Cormie, Forsyth, Lawrence, MacGregor, Jean Morrison MBE, Stuart and Thomson.

For the amendment:-  (4) – Councillors Boulton, Finlayson, Jaffrey and Malone.

The Sub Committee resolved:-

to adopt the motion.

Reference Number - 121461

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 a proposed noodle bar restaurant/ takeaway at 345 Union Street, Aberdeen, subject to the following conditions:-

(1)  that prior to commencing operation, the use hereby granted planning permission shall not take place unless a scheme capable of filtering, extracting and dispersing of cooking fumes has been installed within the premises, is ready for operation and that a system of regular maintenance of the aforementioned ventilation system has been submitted, and agreed in writing, all to the satisfaction of the planning authority;  (2)  that prior to commencing operation for food service, such use hereby granted planning permission shall not take place unless satisfactory noise attenuation measures against internally generated noise, including noise generated from the operation of the ventilation system (both internally and externally) have been completed in accordance with a scheme that has been submitted to and approved in writing by the planning authority.  Such a scheme shall ensure that the internal noise level in residential properties above and adjacent to the hot food shop is not greater than 45 dB[A] during the day and 35 dB[A] at night in each habitable room, all in accordance with details submitted to and approved in writing by the planning authority before development commences, unless the planning authority has given prior written approval for a variation;  (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 a noise assessment, in accordance with Planning Advice Note (PAN) 1/2011 Planning & Noise and its accompanying Technical Advice Note.  The assessment, which should be prepared by a suitably qualified independent noise consultant, should address the potential for the premises to cause noise disturbance to residents living in the upper floor flats directly above and in close proximity to the application premises.  The assessment should identify the likely sources of noise disturbance and recommend any measures necessary to ensure a satisfactory noise attenuation for the building and reasonably protect the amenity of nearby residents of the development from all such sources of noise that have been identified.  The property shall not be occupied unless the said measures have been implemented in full;  (4)  that the use hereby granted planning permission shall not take place unless provision has been made within the area immediately surrounding the application site for customer litter disposal in accordance with a scheme which has been submitted to and approved in writing by the planning authority;  (5)  that the hours of operation of the proposed hot food-take-away shall be restricted to the opening hours of the restaurant, thereby preventing the potential for noise nuisance to occur from customers visiting and leaving the premises and/or groups congregating outside the premises late at night;  (6)  that, except as the planning authority may otherwise  ...  view the full minutes text for item 7.

Reference Number - 121357

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 a Section 42 Variation of Condition 1 of Planning Consents P110663 & A8/1017, to allow unrestricted occupancy, at the land adjacent to Newmill, North Deeside Road, Peterculter, subject to the following conditions:-

(1)  that the roof of the dwelling house hereby granted planning permission shall be finished in natural slates, details of which shall be submitted to and agreed in writing by the planning authority prior to the commencement of the development;  and  (2)  that the dwellinghouse approved under planning permission A8/1017 shall not be occupied unless the earth banking shown on drawing no. 100990-02 have been formed in complete accordance with the details shown on the said drawing.

The Sub Committee asked detailed questions regarding the application and the previous applications as referred to in the report.

Following the detailed discussion on the application it was apparent that further details would be required to be considered by the Sub Committee.

Many of the Sub Committee members were unhappy with the situation that was detailed in the report and expressed their concern at this.

The Sub Committee resolved:-

to defer consideration of the application and request that planning officials report back to a future meeting on appropriate agricultural conditions to allow the Sub Committee to consider its position in relation to this application.

Reference Number - 121523

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 and extension to increase the height of part of the workshop building at Site 15/16 Stoneywood Park, Farburn Industrial Estate, Dyce, subject to the following conditions:-

(1)  that no development shall take place unless a scheme detailing cycle storage provision (long term and short term) and shower/changing facilities has been submitted to and approved in writing by the planning authority, and thereafter implemented in full accordance with said scheme;  (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.  The terms of the Green Transport Plan shall be implemented and continue to be implemented on first occupation of the development;  and  (3)  that development shall not commence until a bird hazard management plan has been submitted to and approved in writing by the planning authority and the development shall not be occupied unless the agreed measures have been implemented in full.  The submitted plan, which shall remain in force for the life of the building, shall include details of the management of any flat/shallow pitched roofs on buildings within the site which may be attractive to nesting, roosting and loafing birds and comply with Airport Operators Association Advice Note 8 'Potential Bird Hazards from Building Design'.

The Sub Committee resolved:-

to approve the recommendation contained in the report.

Reference Number - 121583

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 for planning permission for the creation of an additional two covered golf teaching bays at Kings Links, Golf Road, Aberdeen.

The Sub Committee resolved:-

to approve the recommendation contained in the report.

Reference Number - 121354

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 the change of use of a grassed area to garden ground at 5 Auchlossan Court, Bridge of Don, Aberdeen.

The Sub Committee resolved:-

to approve the recommendation contained in the report.

Reference Number – 121729

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 installation of solar photovoltaic (PV) panels on the south facing roof of Fergus House, Fergus Place, Dyce subject to the following condition:-

that the monitoring equipment and inverter shall be located internally within the building, unless otherwise approved in writing by the planning authority.  Should the monitoring equipment and inverter be installed externally then full details of their location, including block plan and elevation plan(s) to scale, shall be submitted to the planning authority for consideration.  The development thereafter shall be fully completed in accordance with the details approved in writing.

The Sub Committee resolved:-

to approve the recommendation contained in the report.

Reference Number - 121730

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 installation of solar photovoltaic (PV) panels on the south facing roof of Aberdeen Children’s Home, 2 Gilbert Road, Bucksburn, subject to the following condition:-

that the monitoring equipment and inverter shall be located internally within the building, unless otherwise approved in writing by the planning authority.  Should the monitoring equipment and inverter be installed externally then full details of their location, including block plan and elevation plan(s) to scale, shall be submitted to the planning authority for consideration.  The development thereafter shall be fully completed in accordance with the details approved in writing.

The Sub Committee resolved:-

to approve the recommendation contained in the report.

Reference Number - 121731

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 installation of solar photovoltaic (PV) panels on the south facing roof of 1 Parkhill Court, Balloch Way, Aberdeen, subject to the following condition:-

that the monitoring equipment and inverter shall be located internally within the building, unless otherwise approved in writing by the planning authority.  Should the monitoring equipment and inverter be installed externally then full details of their location, including block plan and elevation plan(s) to scale, shall be submitted to the planning authority for consideration.  The development thereafter shall be fully completed in accordance with the details approved in writing.

The Sub Committee resolved:-

to approve the recommendation contained in the report.

Reference Number - 121732

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 installation of solar photovoltaic (PV) panels on the south facing roof of St Machar Academy, St Machar Drive, Aberdeen, subject to the following condition:-

that the monitoring equipment and inverter shall be located internally within the building, unless otherwise approved in writing by the planning authority.  Should the monitoring equipment and inverter be installed externally then full details of their location, including block plan and elevation plan(s) to scale, shall be submitted to the planning authority for consideration.  The development thereafter shall be fully completed in accordance with the details approved in writing.

The Sub Committee resolved:-

to approve the recommendation contained in the report.

Reference Number - 121734

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 installation of solar photovoltaic (PV) panels on the south facing roof of Ferryhill Community Centre, Albury Road, Ferryhill, subject to the following condition:-

that the monitoring equipment and inverter shall be located internally within the building, unless otherwise approved in writing by the planning authority.  Should the monitoring equipment and inverter be installed externally then full details of their location, including block plan and elevation plan(s) to scale, shall be submitted to the planning authority for consideration.  The development thereafter shall be fully completed in accordance with the details approved in writing.

The Sub Committee resolved:-

to approve the recommendation contained in the report.

DECLARATIONS OF INTEREST

Councillors Boulton and Lawrence declared interests in relation to the following item by virtue of their appointment by the Council on the Board of Sport Aberdeen.  Neither of the Councillors felt it necessary to withdraw from the meeting.

Reference Number – 121735

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 installation of solar photovoltaic (PV) panels on the south facing roof of Bucksburn Swimming Pool, Kepplehills Road, Bucksburn, subject to the following condition:-

that the monitoring equipment and inverter shall be located internally within the building, unless otherwise approved in writing by the planning authority.  Should the monitoring equipment and inverter be installed externally then full details of their location, including block plan and elevation plan(s) to scale, shall be submitted to the planning authority for consideration.  The development thereafter shall be fully completed in accordance with the details approved in writing.

The Sub Committee resolved:-

to approve the recommendation contained in the report.

Reference Number - 121736

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 installation of solar photovoltaic (PV) panels on the south facing roof of the property business block of St Machar Academy, St Machar Drive, Aberdeen, subject to the following condition:-

that the monitoring equipment and inverter shall be located internally within the building, unless otherwise approved in writing by the planning authority.  Should the monitoring equipment and inverter be installed externally then full details of their location, including block plan and elevation plan(s) to scale, shall be submitted to the planning authority for consideration.  The development thereafter shall be fully completed in accordance with the details approved in writing.

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 to the Scottish Government planning advice and other aspects of the planning service.

The Sub Committee resolved:-

to note the report.

The Sub Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which outlined the results of a public consultation exercise undertaken for the Hopecroft Planning Brief:  Supplementary Guidance.

The report explained that a summary of the representations received, officers’ responses and detail of any resulting action was detailed in Appendix 1 to the report and that a full un-summarised copy of representations received were detailed in Appendix 2 to the report.

The report recommended:-

that the Sub Committee –

(a)       note the representations received on the Draft Hopecroft Planning Brief:  Supplementary Guidance document;

(b)       approve Appendix 1 in the report which included officers’ responses to representations received and any necessary actions;  and

(c)        request officers send the finalised Supplementary Guidance document to the Scottish Government for ratification.

The Sub Committee resolved:-

(i)         to agree that the airport noise contours detailed in the document required to be based on guidance released in 2011;

(ii)        to note that detailed concern expressed by local residents will be taken into account once individual planning applications are received by the planning authority;  and

(iii)       to otherwise approve the recommendations contained in the report.

The Sub Committee had before it before it a report by the Director for Enterprise, Planning and Infrastructure which outlined the conservation area character appraisals and management plan as a basis for public consultation.

The Sub Committee had a detailed discussion about the report, specifically the proposal contained in the report to de-designate the Cove Bay Conservation Area.  Councillor Finlayson as one of the local members for the Cove Bay area expressed his concern at the proposed de-designation.  He explained the importance of the conservation area as a whole in relation to the City and expressed his view that the area should be enhanced and that the Council should take pro-active steps to protect this area.  Councillor Finlayson stated that he would like to get support and/ or advice from officers on how the area could be enhanced and supported and that depending on the results of the consultation process he may put forward a proposal that the Cove Bay Conservation Area remain designated.

The report recommended:-

that the Sub Committee –

(a)       approve the conservation area character appraisals and management plan for a six week public consultation period (as detailed in the report);  and

(b)       agree that, following completion of the public consultation, any comments received and subsequent amendments be presented to a future meeting of the Sub Committee.

The Sub Committee resolved:-

to approve the recommendations contained in the report.

- RAMSAY MILNE, Convener.