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=2878&Ver=4

The Committee had before it the minute of its previous meeting of 28 November 2013.

The Committee resolved:-

to approve the minute.

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 in respect of planning permission in principle for a proposed residential development of up to 1,067 houses, eight hectares of employment land including commercial, leisure and office uses, a neighbourhood centre comprising retail and commercial uses, community facilities, a primary school, landscaping, open space and recreational facilities, but to withhold the issue of the consent document until the applicant had entered into a legal agreement with the Council to address (1) affordable housing provision; (2) developer contributions relating to:- community library, cultural facilities and services, education, healthcare, indoor and outdoor sporting facilities, outdoor recreation and core paths network; (3) Strategic Transport Fund contributions; and (4) contribution in lieu  of mitigation of local roads network impact affecting Wellington Road, and subject to the following conditions:-

(1)  That no development shall be undertaken in any phase unless a detailed phasing programme outlining the delivery of buildings, open space and roads infrastructure across the entire application site has been submitted to, and approved in writing by the planning authority via a formal 'Matters Specified in Conditions' (MSC) application; (2)  That no part of the employment element of the development shall be occupied until a Travel Plan, aimed at encouraging more sustainable means of travel, has been submitted to and approved in writing by the planning authority in consultation with Transport Scotland. The Travel Plan will identify measures to be implemented, the system of management, monitoring, review, reporting and the duration of the plan. It will incorporate measures designed to encourage modes other than the private car; (3)  That prior to the commencement of any works in any phase on site a detailed scheme for surface water drainage shall be submitted to and agreed by the planning authority, in consultation with SEPA. The scheme shall detail 3 levels of SUDS treatment for any hardstanding, yard areas on sites proposed for Class 5 and 6 industrial uses, 2 levels of sustainable drainage SUDS treatment for all roads and other areas of hardstanding/carparking and 1 levels SUDS treatment for roof run off, and all work shall be carried out in accordance with the approved scheme; (4) That the LNCS designation boundary shall be implemented in full throughout the construction, operation and decommissioning of the development. There shall be no development, machinery movement or operations within the buffer zone without the agreement of the planning authority in consultation with SEPA. The buffer zone shall be identified on the ground, and no development adjacent to the LNCS shall take place unless the LNCS boundary has been protected with appropriate protective fencing as shown in figure 2 of BS5837 or such alternative as may be agreed with the planning authority in writing; (5) That no development shall take place within any phase until a detailed geo-environmental investigation has been undertaken to identify potential impacts on wetlands within 250m of Loirston Loch and  ...  view the full minutes text for item 2.

DECLARATION OF INTEREST

The Vice Convener declared an interest in regard to the following item of business by virtue of a personal connection and considered that the nature of his interest required him to withdraw from the meeting and take no part in the deliberations thereon.

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 proposed single dwelling house, including demolition of the existing garage and the formation of a new driveway to the existing house, 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. 1004 (Revision A) 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 notwithstanding the provisions of Class 1, Class 2 and Class 3 of the Schedule to the Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 or any order amending, revoking or re-enacting that Order, no enlargement, improvement or other alteration to the dwellinghouse shall be undertaken without an express grant of planning permission from the planning authority; (3)  That the building hereby approved shall not be occupied unless a scheme detailing compliance with the Council's 'Low and Zero Carbon Buildings' supplementary guidance has been submitted to and approved in writing by the planning authority, and any recommended measures specified within that scheme for the reduction of carbon emissions have been implemented in full; and (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.

In response to questions, Mr Daniel Lewis, Development Management Manager, advised the Committee that the applicant was willing to remove the terrace and planter from the proposal and replace this with a flat roof if this was preferred by members. 

The Convener moved, seconded by Councillor Cormie:-

That the application be approved in accordance with the recommendation contained within the report subject to the removal of the terrace and planter and replacement with a flat roof as proposed by the applicant.

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

That the application be refused on the grounds that the proposed development represented overdevelopment of the site; was not in keeping with the properties in the surrounding area; the quality of the materials proposed would be out of character with surrounding buildings; would result in a loss of on-street car parking; and would set an undesirable precedent for future development of a similar nature.

On a division, there voted:-  for the motion  (6)  -  the Convener; and Councillors Cormie, Donnelly, Grant, Jean Morrison and Townson;  for the amendment  (8)  -  Councillors Boulton, Corall  ...  view the full minutes text for item 3.

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 construction of a proposed hydro-electric power generation scheme, fish pass and access road, subject to the following conditions:-

(1)   That prior to any work commencing on site, details of a traffic management plan shall be submitted for the further written approval of the planning authority. The plan shall include, but will not be restricted to, details of a 'banksman' and restricting the times of access to the site and after approval the plan shall be implemented in full once work commences on site; (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 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 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 has been submitted to, and approved in writing by, the planning authority and any such scheme as may have been approved has been implemented; (5) That no part of the development hereby approved shall come into use 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;  (6) 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  ...  view the full minutes text for item 4.

With reference to Article 8 of the minute of its meeting of 26 September 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 in respect of planning permission for a change of use and conversion of the first to fourth floors of the existing building to form 45 serviced apartments, and the installation of replacement windows and associated dormer windows and roof lights, but to withhold the issue of the consent document until the applicant had made payment to the Council to secure the identified developer contributions towards car club membership, and subject to the following conditions:-

(1)  That the serviced apartments hereby granted planning permission shall not be occupied unless the cycle storage facilities as shown on drawing no. L(20)051B have been provided; (2) That the serviced apartments hereby granted planning permission shall not be occupied unless a noise assessment is carried out to confirm the effectiveness of the works and that the predicted sound reduction levels detailed in the Bureau Veritas noise assessment dated 26 June 2013 have been achieved and the assessment has been submitted to, and agreed in writing by the planning authority, in consultation with the Environmental Health Service;(3) That the property, inclusive of the serviced apartments and building access, shall be constructed in accordance with the recommended design described in the Bureau Veritas noise assessment dated 26 June 2013, or in accordance with an equivalent scheme to meet or specified noise reduction levels and 'inaudibility' criteria as may be agreed in writing by the planning authority;(4) That the serviced apartments hereby granted planning permission shall not be occupied unless details of a mechanical ventilation system drawing air from the roof of the building shall be provided for the apartments fronting Union Street to minimise exposure to potential exceedances of the national Air Quality Objectives has been submitted to, and agreed in writing by the planning authority, in consultation with the Environmental Health Service;(5) That following the first six months of the approved development being brought into use, details shall be submitted to the planning authority highlighting how the issues identified in the submitted Travel Plan have been achieved; and  (6) That not any one of the serviced apartments hereby approved shall be occupied for a period in excess of 90 days in any one calendar year by any one family, individual or group.

The Committee resolved:-

to approve the recommendations.

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 matters specified in condition 2 (method of construction, tree protection, re-siting of play equipment, low and zero carbon equipment, green travel plan and materials and finishing) in regard to planning permission in principle granted for the construction of an extension to the boat club, along with an area of car parking and extended slipway (application reference 100453), subject to the following conditions:-

(1) That development shall take place in accordance with the approved construction methodology, or other such site-specific methodology as has been submitted to, and approved in writing by the planning authorirty for this purpose; (2)  That no development shall take place unless the tree protection measures set out in drawing L002-revA, or such other drawing as has been approved in writing by the planning authority for this purpose, have been fully implemented; (3)  That the approved building shall not be occupied unless play equipment has been re-sited in accordance with drawings L-001 and L-002-revA, or such other drawings as may be approved for this purpose by the planning authority; (4)  That no development relating to this grant of planning permission shall be undertaken until such time as full details of appropriate replacement planting, incorporating 2 trees in place of each specimen to be removed and including details of locations, species, size and stage of maturity of planting, have been submitted to and agreed in writing by the planning authority, and that thereafter the agreed replacement planting shall be implemented in full; and (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.

The Committee resolved:-

to approve the recommendation.

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 matters specified in conditions 2 (open space), 3 (landscaping), 6 (construction method statement relating to surface water treatment), 7 (method statement relating to construction access), 9 (phasing programme) and 10 (scheme for use of downtaken drystone walling within the development) relating to planning permission in principle granted for a development comprising a ‘proposed residential development and formation of access roundabout and access roads’ on the Pinewood site (application reference A7/2178), subject to the following conditions:-

(1) 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; and (2) 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.

The Convener moved, seconded by Councillor Grant:-

            That the recommendation in the report be approved.

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

That the application be refused on the grounds that there was a lack of a sufficient water management plan in place for the area which could have a detrimental impact on existing amenity; that there were insufficient buffer zones; and that the method of tree management was inadequate.

On a division, there voted:-   For the motion  (12)  -  the Convener; the Vice Convener; and Councillors Boulton, Cormie, Donnelly, Grant, Jaffrey, MacGregor, Jean Morrison, Samarai, Thomson and Townson;  For the amendment  (3)  -  Councillors Corall, Greig and Jennifer Stewart.

The Committee resolved:-

to adopt the motion.

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 construction of a four bedroom detached house within the grounds of the property, subject to the following conditions:-

(1)  That no development shall take place unless the scheme for the protection of all trees to be retained on the site during construction works as described in the Tree Report by Astell Associates dated 24 October 2013 (reference NDR4-1310-TR) and shown on the drawing appended to the report (drawing no. NDR4-1310-TP) has been implemented in full and thereafter shall remain in place for the duration of the construction works; (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 all trees shown on drawing no. NDR4-1310-LS appended to the Tree Report by Astell Associates dated 24 October 2013 (reference NDR4-1310-TR) shall be planted 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 the building hereby approved shall not be occupied unless a scheme detailing compliance with the Council's 'Low and Zero Carbon Buildings' supplementary guidance has been submitted to and approved in writing by the planning authority, and any recommended measures specified within that scheme for the reduction of carbon emissions have been implemented in full; and (6) That no development shall take place unless there has been submitted to and agreed in writing by the planning authority a detailed scheme for the provision of services for the house, including the routing of the services.

The Committee resolved:-

to approve the recommendation.

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

That the Committee approve unconditionally the application in respect of planning permission to erect an extension to the rear elevation of the property involving replacement of the existing single storey annexe and widening the two storey element of the annexe.

The Committee resolved:-

to approve the recommendation.

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

That the Committee approve unconditionally the application in respect of planning permission for an extension to an existing dormer window to the front elevation of the property.

The Committee resolved:-

to approve the recommendation.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which advised of the planning enforcement work that had been undertaken from 1 April to 30 September 2013.

The report recommended:-

that the Committee note the content of the report

The Committee resolved:-

(i)           to request officers to provide Councillor Jaffrey with an update regarding the enforcement case at 1 Jesmond Gardens, Bridge of Don; and

(ii)          otherwise to approve the recommendation.

- RAMSAY MILNE, Convener.