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=2876&Ver=4

The Committee had before it the minute of its previous meeting of 26 September 2013.

The Committee resolved:-

to approve the minute.

Reference Number - 130265

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

That the Committee express a willingness to approve the application, subject to the conditions listed below, in respect of planning permission in principle for a mixed use development incorporating residential, commercial uses, community facilities, open space, landscaping and associated infrastructure but to withhold the issue of the consent document until the applicant had entered into a legal agreement to deliver (1) affordable housing; (2) transfer of land ownership to allow potential improvements to the A944; (3) Strategic Transport Fund contributions; and (4) developer contributions towards primary education; community facilities; recreation facilities; library facilities; core path networks; healthcare facilities; flood prevention scheme; and road improvements to mitigate the impact of development.

(1)  That no individual phase of the development pursuant to the planning permission in principle hereby approved shall be carried out until such time as a further application for that individual phase has been made to the planning authority for approval of the matters specified in this condition and such approval has been granted; unless the planning authority has given written approval for a variation; these matters being details of the (a) means of access and car parking, cycle parking and motorcycle parking; (b) siting, design and external appearance of the building(s); (c) hard and soft landscaping of the site; (d) tree survey to show details of all existing trees, and those to be removed, retained and planted, with a scheme for protection of those to be retained on site during construction works; (e) site and plot boundaries and enclosures; (f) arrangements for the segregation, storage, collection and management of residential, commercial and business waste arising from within that phase; and (g) low zero carbon equipment or carbon reduction measures to meet the requirements of the Council's SPG on reducing carbon emissions from new development; (2)  That this planning permission in principle shall lapse unless an application for approval of the matters specified in all condition(s) 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; and (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, unless the planning authority has given written approval for a variation, the details and phasing of the development shall follow the general principles  ...  view the full minutes text for item 2.

Reference Number - 130488

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

That the Committee approve the application in respect of planning permission for a change of use from Class 11 (Assembly and Leisure) to Class 1 (Shops), non-food goods mixed between bulky and general comparison goods, including coffee shop and the linking of both units to form one single unit, external alterations to facilitate the linking of the units and the formation of new ‘shopfront’ openings and replacement of solid canopies with translucent type glazing, subject to the following conditions:-

(1)  That the unit hereby granted planning permission shall not be occupied unless a scheme detailing cycling storage provision 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 Travel Plan, which outlines sustainable measures to deter the use of the private car, in particular single occupant trips and provides detailed monitoring arrangements, a revised mode share, modal split targets and associated penalties for not meeting targets;  (3)  That prior to the commencement of development the applicant shall submit details to the planning authority for the approval of the upgrading of the bus stop on Links Road. The development shall not be occupied unless the proposed upgrading works have been implemented in accordance with said approved scheme; (4) That, except as the planning authority may otherwise agree in writing, all deliveries to the approved use shall take place between the hours of 11pm and 6am;  (5)  That this consent relates solely to the use of the land and buildings for Class 1 retail use. The use hereby approved will have a minimum of 50% of the approved overall net floor area (totalling 6,900 square metres), which shall be used for bulky comparison goods, in addition the remainder of the use, apart from the ancillary café, shall be for general comparison goods and should not include food sales;  (6)  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;  (7)  That prior to the commencement of development, details shall be submitted to, and approved in writing, by the planning authority in relation to the surface materials to be used for the upgrading of the footpath on the Esplanade; and (8) That prior to the commencement of development, an updated floor plan  ...  view the full minutes text for item 3.

Reference Number - 130400

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

That the Committee express a willingness to approve the application, subject to the conditions listed below, in respect of planning permission for the erection of a Class 4 three-storey office development (17,129 square metres), 425 car parking spaces and associated infrastructure access, landscaping and ancillary works, but to withhold the issue of the consent documents until the applicant had entered into a legal agreement for (1) Strategic Transport Fund contributions; and (2) developer contributions towards core path networks and road improvements to mitigate the impact of the development.

(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 no development shall take place unless a scheme detailing all external finishing materials to the roof and walls 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; (3)  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 Nos. 'AL(90)001 revision R' and ‘AL(00)104 revision D' 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; (4)  That no development shall take place unless a scheme of all drainage works designed to meet the requirements of SUDS has been submitted to and approved in writing by the planning authority and thereafter no part of the development shall not be occupied unless the drainage has been installed in complete accordance with the said scheme;  (5)  That the development hereby approved shall be occupied unless a scheme detailing cycle storage provision has been submitted to, and approved in writing by the planning authority, and thereafter implemented in full accordance with said scheme; (6)  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;  (7)  That no materials, supplies, plant, machinery, spoil, changes in ground levels or construction activities  ...  view the full minutes text for item 4.

Reference Number – 130211

With reference to Article 4 of the minute of meeting of the Development Management Sub Committee (Visits) of 29 August 2013, the Committee had before it a report by the Head of Planning and Sustainable Development which recommended:-

That the Committee express a willingness to approve the application, subject to the conditions listed below, in respect of planning permission for the replacement of the existing dwelling and construction of five additional dwellings with associated infrastructure, improved access and tree protection works, but with consent being withheld pending satisfactory conclusion of a planning agreement relating to the payment of monies in connection with developer contributions and affordable housing provision.

(1)   That no development shall be undertaken until such time as the existing bus stop on North Deeside Road has been relocated in accordance with drawing 96035/1001, or any other such drawing as submitted to and approved in writing by the planning authority for this purpose;  (2)  That no development shall take place unless a scheme of all drainage works designed to meet the requirements of SUDS 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 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; (4)  That no development shall take place unless a scheme detailing all external finishing materials to the roof and walls 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; (5) 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; (6)  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  ...  view the full minutes text for item 5.

Reference Number - 120374

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

That the Committee approve the application in respect of planning permission for the installation of an entrance light above the main entrance doors on the western elevation, subject to the following conditions:-

 (1)  That the fitting and means of fixing should be non-ferrous to prevent damage and staining and should use existing fixing holes or joints; and (2)  That the light fitting shall be restricted to no greater than a 50W SON/E wattage.

The Committee resolved:-

to approve the recommendation.

Reference Number - 120374

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

That the Committee approve the issue of a certificate of appropriate alternative development stating -

(1)               That in respect of the land which is subject of the application, on the relevant date of 25 September 2007 or at a future point in time, planning permission would have been granted for -

a.      a petrol filling station with ancillary retail up to 103.5sqm

b.      for horticulture and nursery with a small-scale ancillary retail element (such as a farm shop)

c.      for non-residential agricultural or forestry buildings

d.      for telecommunications masts and ancillary equipment

but would not have been granted for any other use;

(2)               That any planning permission described in (1) would have been granted subject to suitable conditions addressing the following matters -

a.      layout, design and external appearance of buildings or structures

b.      mitigation of any contaminated land

c.      surface water and foul drainage

d.      access to the site

e.      landscaping of the site; and

(3)               That because Scottish Ministers through Transport Scotland, made orders under the Roads (Scotland) Act 1984 promoting the Aberdeen Western Peripheral Route, which is the scheme for which the application land is to be acquired, it would not be appropriate to include planning permission for the scheme in the certificate as would normally be the case.

The Committee resolved:-

to approve the recommendation.

Reference Number - 130910

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

That the Committee refuse the application in respect of planning permission for a change of use for the vacant car showroom to Class 1 (Shop), as well as shop front alterations, external alterations, the erection of a gate/fence to the rear and other associated works, including footpath and parking improvements, on the following grounds:-

(1)               The proposal does not comply with Policy H1 (Residential Areas) of the Aberdeen Local Development Plan as there would be conflict with neighbouring properties which would act as a nuisance to and impinge on the enjoyment of the existing residential amenity arising from the proposed servicing and delivery arrangements for the premises, in particular the noise disturbance there from in relation to loading/offloading, the movement of metal cages, and also in relation to vehicular movements; and

(2)               That the applicant has not demonstrated that suitable and appropriate servicing and delivery arrangements and facilities can be provided. This could therefore result in delivery vehicles stopping on the public road adjacent to the premises which would cause a road safety hazard and would interrupt the free flow of traffic.

The Committee was addressed by Councillor Yuill, one of the local members for the area, who expressed support for the recommendation contained within the report.

The Committee resolved:-

to approve the recommendation.

The Committee had before it a report by the Head of Planning and Sustainable Development which advised members of the use of a condition regarding the planning application approved for serviced apartments and business unit at Oldmill Road, Bon Accord Crescent (130743) by the Committee at its meeting of 23 August 2013.

The report recommended:-

that the Committee note that condition 12 would not be attached to any consent and that the use of the apartments as serviced apartments would be ensured through the legal agreement that would be secured before planning consent was issued and that would be legally binding in perpetuity on the owner and operator of the serviced apartments.

The Committee resolved:-

to approve the recommendation.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which sought confirmation of four temporary Tree Preservation Orders made by the Head of Planning and Sustainable Development in order to provide long term protection.

The report recommended:-

that the Committee confirm the making of Tree Preservation Orders 210, 215, 216 and 217 without modifications, and that the Head of Legal and Democratic Services carry out the requisite procedures.

The Committee resolved:-

to approve the recommendation.

- RAMSAY MILNE, Convener.