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=2881&Ver=4

Please note that if any changes are made to this minute at the point of approval, these will be outlined in the subsequent minute and this document will not be retrospectively altered.

The Convener proposed that agenda item 2.4 (Fairley Road (Land to East of), Kingswells - 130228) be considered immediately after agenda item 2.1, and this was accepted.

The Committee had before it the minute of its previous meeting of 20 March 2014.

The Committee resolved:-

to approve the minute.

MINUTE OF MEETING OF PLANNING DEVELOPMENT MANAGEMENT COMMITTEE (VISITS) OF 31 MARCH 2014

The Committee had before it the minute of meeting of the Planning Development Management Committee (Visits) of 31 March 2014.

The Committee resolved:-

to approve the minute.

Reference No - 130378

Planning application documents can be viewed here  -http://planning.aberdeencity.gov.uk/PlanningDetail.asp?130378

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 residential development comprising approximately 550 residential units, commercial floor space, a replacement primary school, associated ancillary uses and infrastructure improvements including a new junction between the A93 and the Oldfold site, but to withhold the issue of the consent document until the applicant had entered into a section 75 legal agreement with the Council to secure (1) the provision of 25% affordable housing in accordance with the Development Framework and Masterplan and include a range of delivery options, including on-site provision; (2) developer contributions towards primary education provision and a proportionate element of land for a new school (to include community facilities, library facilities, sports and recreation facilities and playing field provision); (3) developer contributions towards secondary education, community facilities, healthcare provision, the core path network and the Strategic Transport Fund; and (4) developer contributions towards improvements at the North Deeside Road/Kirk Brae junction; and subject to the following conditions:-

(1)  That all development shall take place in accordance with the phasing strategy contained within section 6.1 of the Oldfold Design and Access Statement, unless otherwise agreed through the submission of a matters specified in conditions application for an alternative phasing programme covering the same matters;  (2)  That no more than 275 residential units shall be occupied unless all legs of the Aberdeen Western Peripheral Route (AWPR) have been constructed and are fully operational;  (3) That no more than 264 units shall be completed before the proposed mixed use centre within block G has been completed and is available for use;  (4)  That no residential unit within any phase (except phase 1 block U) shall be occupied unless the proposed signalised junction between the site and North Deeside Road (A93) has been constructed in accordance with Fairhurst drawing 83744/1099B (or such other drawing as may subsequently be approved in writing for the purpose by the planning authority) and is fully operational; (5)  That no development within phases 3, 4 or 5 shall take place unless a matters specified in conditions application for the provision of access into the development at the existing Binghill Road and Binghill Road West junction has been submitted to and approved by the planning authority; (6)  That no development within phases 4 or 5 shall take place unless a matters specified in conditions application for the provision of access into the development at the existing Binghill Road and Binghill Hedges junction has been submitted to and approved by the planning authority; (7) That no development within phase 1 block U shall take place unless a matters specified in conditions application for the upgrading of Murtle Den Road has been submitted to and approved by the planning authority; (8)  That no development within phases 4 or 5 shall take place unless  ...  view the full minutes text for item 4.

Reference No – 130288

Planning application documents can be viewed here –

http://planning.aberdeencity.gov.uk/PlanningDetail.asp?130288

With reference to Article 4 of the minute of its meeting of 20 March 2014, 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 the construction of 7 detached units, 28 semi-detached units and 11 terraced houses with associated access roads, drainage and Sustainable Urban Drainage Systems (SUDS), but to withhold the issue of the consent document until the applicant had entered into a legal agreement with the Council to secure (1) onsite affordable housing provision; (2) Strategic Transport Fund contributions; (3) developer contributions towards affordable housing, education facilities, community facilities and recreation and healthcare; and (4) the provision of a footpath along the western boundary of the application site on Fairley Road; and subject to the following conditions:-

(1)  That no more than 21 dwellinghouses (i.e. Phases 1 and 2 as shown on Drawing No AOL_208 rev. C) hereby granted permission shall be occupied unless (a) the new pedestrian footpath along the east side of Fairley Road has been provided and is available for use; (b) an RCC compliant road link and pedestrian footpath has been provided up to the eastern legal boundary of the application site as per Drawing No APL_205 rev H; and (c) the open space provision to the south of the access road (as shown on Drawing No APL_205 rev H) is completed and laid out in accordance with drawing no APL_301 rev I, and the Fairley Road planting schedule Rev A (unless otherwords agreed in writing by the planning authority).  The approved ‘public open space’ shall not thereafter be used for any purpose other than as public open space; (2)  that no more than 40 dwellinghouses hereby granted permission shall be occupied unless all pedestrian footpaths shown on Drawing No APL_205 rev H have been constructed up to the legal boundary of the application site and are available for use; (3)  that plots 22-34 inclusive hereby approved shall not be occupied unless the car parking areas relative to those houses have been constructed, drained, laid-out and demarcated in accordance with Drawing No APL_205 rev H, or such other drawing as may subsequently be submitted and approved in writing by Aberdeen City Council as planning authority.  Such areas shall not thereafter be used for any other purpose other than the parking of cars ancillary to the development; (4)  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, such a programme shall be submitted in advance for the written approval of Aberdeen City Council as planning authority; (5)  that no development shall take place unless a bird hazard management plan has been submitted to and approved in writing by Aberdeen City Council as planning authority (in consultation with Aberdeen International Airport).  The  ...  view the full minutes text for item 5.

Reference No – 131012

Planning application documents can be viewed here –

http://planning.aberdeencity.gov.uk/PlanningDetail.asp?131012

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 the erection of 276 flats and 16 townhouses with associated infrastructure, public open space and parking subject to the modification of the existing legal agreement to secure planning gain contributions relating to sport and recreation; health facilities; community facilities; libraries; and core paths; and 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, as it relates to those buildings; (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 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.  The scheme must also outline the measures in place to avoid endangering the safe operation of aircraft through the attraction of birds; (4)  that the development hereby approved shall not be occupied unless the car, motorcycle (including a secure fixed point) and bicycle parking areas, relating to those occupations, hereby granted planning permission have been constructed, drained, laid-out and demarcated in accordance with drawing No's. DP 522 04 Rev B and DP 522 12 Rev B 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; (5)  that no development pursuant to this planning permission shall take place nor shall the buildings be occupied unless there has been submitted to and approved in writing for the purpose by the planning authority an assessment of the noise levels likely within the proposed buildings, unless the planning authority has given prior written approval for a variation.  The assessment shall be prepared by a suitably qualified independent noise consultant and shall recommend any measures necessary to ensure a satisfactory noise attenuation for the building.  The property shall not be occupied unless the said measures have been implemented in full; (6) that no development pursuant  ...  view the full minutes text for item 6.

Reference No – 130490

Planning application documents can be viewed here –

http://planning.aberdeencity.gov.uk/PlanningDetail.asp?130490

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 an extension to Blackhills Quarry subject to the conclusion of a legal agreement that would require a roads condition survey to be carried out in 2020 and reviewed every five years thereafter, and that this be used to attribute the percentages of costs (attributed to the Council and the applicant) associated to repairing damage caused to the road network; and subject to the following conditions:-

(1)  Thatat least one year prior to mineral workings ceasing on the site, a restoration and aftercare plan shall be submitted for the written approval of the planning authority, in consultation with SEPA, and all work shall be carried out in accordance with the said scheme.  The plan must include information on any proposals for phased working and progressive restoration, as well as the effect that any restoration will have on the water environment, including groundwater quality and quantity.  The said plan must also include an assessment of the effect that any backfilling below the water table will have on groundwater; (2)  that the proposed operations hereby granted permission shall cease on or before 28 November 2050 unless the written approval of the planning authority is first obtained; (3)  that the hours of operations for extraction and processing and despatch of dry aggregates shall be restricted to (i) 7.00am to 7.00pm Mondays to Fridays; (ii) 7.00am to 1.00pm Saturdays; and (iii) at no time on a Sunday, bank holidays, or national holidays; unless written consent of the planning authority is obtained (4)  that the hours of operations for operation and dispatch from the asphalt plant shall be restricted to (i) 6.00am to 7.00pm Mondays to Fridays; (ii) 6.00am to 12.00pm Saturdays; and (iii) at no time on a Sunday, bank holidays or national holidays; unless the written consent of the planning authority is obtained; (5)  that the equivalent noise level (Leq) shall not exceed 55dB(A) measured as a one hour free field Leq at any existing noise sensitive property external to the site boundary, the details for measuring which are to be submitted to, and approved in writing by the planning authority.  South Blackhills may be periodically subject to higher levels but not exceeding 60dBL provided that the property remains under the control of the applicant and suitable noise attenuation measures that are submitted to and approved by the planning authority are introduced to the property; (6)  that the ground vibration as a result of the blasting operations shall not exceed a peak particle velocity of 6mms-1 ppv for 95% of events with no blast exceeding 12.0mm/sec-1 at existing private residential and commercial properties, with a limit of 12mms-1 being applied at railway structures and 14.8mms-1 being applied at Haven Cottage - which is owned by the applicant; (7)  that prior to the commencement of any blasting operations, a  ...  view the full minutes text for item 7.

Reference No – 130766

Planning application documents can be viewed here –

http://planning.aberdeencity.gov.uk/PlanningDetail.asp?130766

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 demolition of the existing unit and the erection of two detached buildings, one to accommodate a fast food restaurant with drive-through and the other to accommodate a gym, subject to the following conditions:-

(1)  That the restaurant and drive-through hereby approved shall not be occupied or brought into first use until the Bedford Road bus gate has been implemented in full and is in operation; (2)  that no occupation of either building hereby approved shall take place until a detailed scheme which outlines measures to restrict vehicular access to the existing service access to vehicles which are service vehicles only has been submitted to and approved in writing by the planning authority, and implemented in full in accordance with the approved details.  Thereafter the implemented scheme shall be retained at all times in accordance with the approved details; (3)  that no occupation of either building hereby approved shall take place until a detailed scheme for a pedestrian access to the overflow car park from the main Retail Park has been submitted to and approved in writing by the planning authority, and implemented in full in accordance with the approved details.  The scheme should consider pedestrian safety measures.  Thereafter the implemented scheme shall be retained at all times in accordance with the approved details; (4)  that no occupation of either building hereby approved shall take place until a detailed scheme which outlines measures to improve awareness of the overflow car park for car users has been submitted to and approved in writing by the planning authority, and implemented in full in accordance with the approved details.  The scheme should consider bold signage and lining within the car park of the Retail Park.  Thereafter the implemented scheme shall be retained at all times in accordance with the approved details; (5)  that no occupation of either building hereby approved shall take place until a detailed scheme showing cycle parking spaces and motor cycle spaces, showering and changing facilities for employees within each building, in accordance with the Supplementary Guidance Accessibility and Transport, and a timetable for implementation has been submitted to and approved in writing by the planning authority.  Thereafter the scheme shall be implemented in accordance with the approved details and thereafter retained at all times in accordance with the approved details; (6)  that no occupation of either building hereby approved shall take place until a detailed timetable for the phasing of the implementation of the car parking as shown on the approved plans has been submitted to and approved in writing by the planning authority.  Thereafter the scheme shall be implemented in accordance with the approved details, and thereafter the car parking retained at all times in accordance with the approved details; (7)  that no occupation of the restaurant or operation of the drive through shall take place  ...  view the full minutes text for item 8.

Reference No – 131859

Planning application documents can be viewed here –  http://planning.aberdeencity.gov.uk/PlanningDetail.asp?131859

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 erection of a single 500kw wind turbine (hub height 60m, total height 86.5m), associated tracks and substation, subject to the following conditions:-

(1)  That no development shall take place within the application site until the applicant has secured the implementation of a programme of archaeological work which shall include post-excavation and publication work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the planning authority; (2)  that prior to work commencing on site, full colour details of the proposed turbine and substation shall be  submitted for the further written approval of the planning authority and the development shall be implemented in accordance with the approved details; (3)  that no development pursuant to this planning permission shall commence unless a detailed site specific construction method statement for the site has been submitted to and approved in writing by the planning authority.  The method statement must address the temporary measures proposed to deal with surface water run-off during construction and prior to the operation of the final SUDS.  Such statement shall be implemented in full for the duration of works on the site; (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 be occupied unless the drainage has been installed in complete accordance with the said scheme; (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 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 no development shall take place unless a scheme for ecological protection (drawing no131859-01), or such alternative has been submitted to, and approved in  ...  view the full minutes text for item 9.

Reference No – 140133

Planning application documents can be viewed here –

http://planning.aberdeencity.gov.uk/PlanningDetail.asp?140133

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 variation of planning condition 5 of the original permission, to increase the opening hours of the approved hot food takeaway on Sundays from 8.30am to 10.00pm (the original permission was from 8.30am to 4.00pm), subject to the following conditions:-

(1)  That the use hereby granted planning permission shall not take place unless any external duct work comprised in the approved scheme for filtering, extracting and dispersing cooking fumes has been finished in a colour to match the exterior of the premises or treated in accordance with such other scheme as may be submitted to and approved in writing by the planning authority; (2)  that the use hereby granted planning permission shall not take place unless provision has been made within the application site for litter disposal and, if appropriate, recycling facilities in accordance with a scheme which has been submitted to and approved in writing by the planning authority; (3)  that the building hereby granted planning permission shall not be used for the sale of hot food unless it has been adapted to provide sound attenuation against internally generated noise.  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 written approval for a variation; (4)  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 and a system of regular maintenance 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; (5)  that hot food shall not be sold from the premises other than during the hours from 8.30am until 10.00pm, unless the planning authority has given prior written approval for a variation; and (6)  that, except as the planning authority may otherwise agree in writing, no construction or demolition work shall take place (a) outwith the hours of 7.00am to 7.00pm Mondays to Fridays; (b) outwith the hours of 9.00am to 4.00pm 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].

The Convener moved, seconded by Councillor Grant:-

That the application be approved in accordance with the recommendation contained within the report.

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

That the application be refused on the grounds that the proposed increase in opening  ...  view the full minutes text for item 10.

Reference No – 111566

Planning application documents can be viewed here –

http://planning.aberdeencity.gov.uk/PlanningDetail.asp?111566

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 the erection of four detached dwellinghouses, on the following grounds:-

(1)       That the proposal would consist of housing within an area subject to flooding and is therefore contrary to: Policy NE6 - Flooding and Drainage in the Aberdeen Local Development Plan 2012 and Scottish Planning Policy Risk Framework in relation to flooding;

(2)       That the proposal is contrary to Green Belt Policy NE2 in the Aberdeen Local Development Plan as it consists of ‘main stream’ houses within the green belt and does not fall within any of the categories of development that may be acceptable due to their locational requirements; and

(3)       That the proposed houses due to their location, overall design and the cumulative effect when taken together with the houses on the neighbouring site, would be overly dominant within the setting and landscape and would be detrimental to the character of the green belt within the River Dee valley and to visual amenity within the surrounding area.  The proposal would be, thereby, contrary to Policy D6 - Landscape, Policy D1 - Architecture and Placemaking.

Councillor Boulton moved, seconded by Councillor Greig:-

That the application be refused in accordance with the recommendation contained within the report.

Councillor Corall moved as an amendment, seconded by Councillor Jaffrey:-

That the application be approved, subject to the conditions suggested within the report, on the grounds that precedent had been set with regard to other developments in the vicinity, and that the risk of flooding was minimal.

On a division, there voted:-  for the motion  (13)  -  the Convener; the Vice Convener; and Councillors Boulton, Grant, Greig, Lawrence, MacGregor, Jean Morrison, Samarai, Jennifer Stewart, Sandy Stuart, Thomson and Townson;  for the amendment  (2)  -  Councillors Corall and Jaffrey.

The Committee resolved:-

to adopt the motion.

Reference No – 111697

Planning application documents can be viewed here – http://planning.aberdeencity.gov.uk/PlanningDetail.asp?111697

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 the excavation and ground works to form compensation storage areas, in connection with the proposed development of four houses on the adjacent site (111566), on the following grounds:-

(1)       That the proposal would not comply with the risk framework in Scottish Planning Policy in relation to flooding as it is required in association with residential development; and

(2)       That the proposal is contrary to Green Belt Policy NE2 in the Aberdeen Local Development Plan as it does not fall within any of the categories of use that may be considered within the green belt and is required in association with proposed residential development.

The Committee resolved:-

to approve the recommendation.

Reference No – 140148

Planning application documents can be viewed here –

http://planning.aberdeencity.gov.uk/PlanningDetail.asp?140148

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 the erection of a new single detached dwellinghouse in a new plot, to be formed via the sub-division of the existing curtilage, on the following grounds:-

(1)       That the proposal is considered to be contrary to the guidance set out in the Council’s adopted ‘Sub-division and Redevelopment of Residential Curtilages’ Supplementary Guidance, so far as it relates to the appropriate siting of dwellings with due regard to any established pattern of development.  By virtue of its siting uncharacteristically close to its own plot boundaries and adjacent dwellings, the proposal fails to demonstrate due regard for its context or make a positive contribution to its setting, and is therefore contrary to policy D1 (Architecture and Placemaking) of the Aberdeen Local Development Plan and the relevant paragraph 82 of Scottish Planning Policy.  The proposal would also, as a result of its failure to demonstrate accordance with the aforementioned supplementary guidance and its impact on the character of the surrounding area, be contrary to policy H1 (Residential Areas) of the Aberdeen Local Development Plan; and

(2)       That the proposal would result in the removal of a significant number of protected trees which, though generally not of particular quality individually, collectively contribute to landscape character and local amenity.  The proposal is therefore considered to be contrary to the aims of policy NE5 (Trees and Woodlands) of the Aberdeen Local Development Plan.

The Vice Convener proposed that a site visit be undertaken to enable members to ascertain the position of the proposed development in the context of the existing curtilage.

The Committee resolved:-

to defer consideration of the application meantime to enable members to visit the site.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which advised of an application for the removal of three trees which were the subject of Tree Preservation Order 119.

The report recommended:-

that the Committee refuse consent to remove the three trees identified for removal.

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 an appeal which had been upheld by the Scottish Government in regard to 122 Broomhill Road (130910).

The report recommended:-

that the Committee note the outcome of the appeal decision.

The Committee resolved:-

to approve the recommendation.

RAMSAY MILNE, Convener.