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=2882&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 Committee had before it the minute of its previous meeting of 24 April 2014.

The Committee resolved:-

to approve the minute as a correct record.

The Committee had before it the minute of the meeting of the Planning Development Management Committee (Visits) of 2 May 2014.

The Committee resolved:-

to approve the minute as a correct record.

Reference No – 131535

Planning application documents can be viewed here –

http://planning.aberdeencity.gov.uk/PlanningDetail.asp?ref=131535

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 mixed-use development comprising up to 4,700 homes, town and neighbourhood centres, including commercial, retail, leisure and hotel uses, employment land, community facilities, energy centre, open space and landscaping, and supporting infrastructure including access on the Grandhome Estate, Danestone, 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, to include a range of delivery options, including on-site provision and a gypsy traveller halting site; (2) developer contributions towards primary education provision (2 three stream schools) and a new secondary school plus serviced land for the foregoing; (3) developer contributions towards community facilities, library, sports provision, playing fields and healthcare; (4) developer contributions towards the Strategic Transport Fund; and (5) developer contributions towards mitigation on the local roads network; and subject to the following conditions:-

(1)       That this permission shall lapse unless applications for those Matters Specified in Conditions (MSC) where development may not commence prior to determination of the condition (known as ‘suspensive conditions’) in respect of the first phase of development (as defined by the phasing plan required to be submitted by condition 4 below, or such other plan as is subsequently agreed) are made to the Planning Authority within 4 years of the date of this planning permission.  Thereafter:-

MSC applications (suspensive only) for each subsequent phase shall be made within 3 years of the date of the final approval of the MSCs (suspensive only) in the preceding phase of development, as identified in the phasing plan to be submitted to and approved by the Planning Authority in accordance with Condition 4 of this permission, whichever is the later, or, the latest of the following:-

(i)     The expiration of 6 months from the date on which an earlier application for the requisite MSC was refused

(ii)     The expiration of 6 months from the date on which an appeal against such refusal was dismissed;

In order to comply with Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006;

(2)       That the development hereby granted permission shall be begun before the expiration of two years from the final approval of the matters specified in conditions for the respective phase or, in the case of approval on different dates, the final approval of the last such matters to be approved for the respective phase - in order to comply with Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006; (3) No development in connection with each respective phase of the planning permission hereby approved shall take place until full details of the  ...  view the full minutes text for item 3.

Reference No – 140434

Planning application documents can be viewed here – http://planning.aberdeencity.gov.uk/PlanningDetail.asp?ref=140434

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 the construction of a 595 space partially decked car park with associated landscaping and lighting columns, to include the demolition of the existing dwelling, but to withhold the issue of the consent document until the applicant (Argon) had entered into a legal agreement with the Council to secure (i) the inclusion of 36 parking spaces within the parking allocation for the future City Park 2 development, or their removal after five years of occupation of City Park 1, (ii) financial contributions towards capacity improvements on Wellington Road and (iii) the proposed tenant of the building approved under application P131742 (Wood Group PSN) enter into a legal agreement to implement the actions with the Green Travel Plan and submit regular monitoring reports to the Council, subject to the following conditions:-

(1)  that no development (other than site preparation and ground works) shall take place unless the development subject of planning application P131742 has commenced, thereafter the car park shall be used for no purpose other than to accommodate vehicles of staff and visitors associated with the office development which is subject of planning application P131742 - in order to provide a suitable level of vehicle parking for the proposed office building, avoid an overprovision of parking unrestricted parking in the area and ensure the free flow of traffic in surrounding streets; (2)  that no development shall take place unless a scheme of all drainage works (including calculations as necessary) designed to meet the requirements of Sustainable Urban Drainage Systems has been submitted to and approved in writing by the planning authority, thereafter no part of the office building shall be occupied unless the drainage has been installed in complete accordance with the said scheme, unless a written variation has been granted by the planning authority – in order to safeguard water qualities in adjacent watercourses and to ensure that the development can be adequately drained; (3)  that an archaeological watching brief shall be carried out during the removal or undertaking of any alterations to the broad consumption dyke located on the east side of the site and identified as 'Dyke F1' in the archaeological report and data structure report produced by Cameron Archaeology, dated 9th December 2013 and entitled 'Nigg Caravan Park, Altens Farm Road, Aberdeen, AB12 3FY' - in the interests of protecting items of historical importance as may exist within the application site; (4)  that no development (other than site preparation and ground works) shall take place unless a further detailed scheme for the landscaping for the site (which shall include (i) 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, (ii) tree/shrub planting including details of numbers, densities, locations, species, sizes and stage of maturity at planting  ...  view the full minutes text for item 4.

Reference No - 130918

Planning application documents can be viewed here –

http://planning.aberdeencity.gov.uk/PlanningDetail.asp?ref=130918

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 a proposed explosives storage facility comprising 6 buildings access road and bunds at Hillhead of Clinterty, Tyrebagger Road, 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 - in the interests of protecting items of historical importance as may exist within the application site; (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 - in order to safeguard water quality and to ensure that the development can be adequately drained; (3) that no development shall take place unless a scheme of all external lighting (including type, lux  level and position of all lights) has been submitted to and approved in writing by the planning authority. Thereafter any lighting installed shall be in accordance wit the approved scheme; (4)  that all planting, seeding and turfing comprised in the approved scheme of landscaping (drawing 130918-01 and planting list 130918- 02) 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 - in the interests of integrating the development into the area; (5) that notwithstanding the provisions of Part 8 of the Town and Country Planning (Use Classes) (Scotland) Order 1992 (as amended) the land and buildings which are subject of this planning permission shall be used for no purpose other than (i) the storage of explosives (including fuses, charges, detonators etc.), (ii) the storage of ancillary equipment used for the day to day operation of the facility; and (iii) the assembly of perforating guns - in order to ensure that the site is not used for any purpose which could not justify a green belt location; (6)  that should the approved use as an explosives store cease and facilities become redundant, all buildings and other structures shall be removed from the site and the land restored to its former condition (allowing retention of landscaping) to the  ...  view the full minutes text for item 5.

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 the change of use from Class 4 (Business) to Class 1 (Shops) for the property at 148 Spital.

Councillor Jean Morrison, MBE, requested that a condition in relation to waste disposal provision be attached to the Committee approval.

The Committee resolved:-

to approve the application, with the condition that the use hereby granted planning permission should not take place unless provision was made for waste disposal and, if appropriate, recycling facilities in accordance with a scheme which has been submitted to and approved in writing by the planning authority - in order to preserve the amenity of the neighbourhood and in the interests of public health.

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 the erection of a two storey dwellinghouse within garden ground, and alterations to the boundary wall at 4 Westfield Terrace, Aberdeen, on the following grounds:-

(1)       That the site lies within garden ground associated with an existing dwellinghouse.  As the proposal is considered to have an unacceptable impact on the character of the surrounding area which comprises large dwellings set within generous curtilages, the proposed development does not comply with Policy H1 Residential Areas of the Aberdeen Local Development Plan, not the associated Supplementary Guidance on Subdivision and Redevelopment of Residential Curtilages.  If permitted, the application would create a precedent for more, similar developments to the further detriment of the character of the surrounding area;

(2)       That the proposal, by nature of its form and siting, relationship to other buildings, and the loss of trees, would not protect and enhance the character and appearance of the Rosemount/Westburn Conservation area, and would therefore be contrary to Policy D5 of the Aberdeen Local Development Plan; and

(3)       That the proposal would result in the loss of a number of existing trees which add to the character and amenity of the area, therefore being contrary to policy NE5 of the Aberdeen Local Development Plan.

Councillor Thomson moved as a procedural motion, seconded by Councillor Jennifer Stewart, that a site visit be undertaken.

On a division, there voted:- for the procedural motion (8) – the Vice Convener; and Councillors Donnelly, Greig, Jaffrey, MacGregor, Jennifer Stewart, Thomson and Townson; against the procedural motion (7) – the Convener; and Councillors Cormie, Grant, Lawrence, Jean Morrison MBE, Samarai and Sandy Stuart.

The Committee then heard Councillor Jennifer Stewart, as local member, speak in support of the application as she would not be in attendance at the site visit.  Councillor Stewart suggested that the Committee approve the application, as the development would not overlook the current residents; some of the trees referred to in the report were diseased and would require to be removed; and she did not feel that the application would have a detrimental effect on the area.

The Committee resolved:-

to adopt the procedural motion and to undertake a site visit on a date to be determined.

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 relation to Standing Stones, Dyce (130119).

The report recommended –

that the Committee note the outcome of the appeal decision.

The Committee resolved:-

to approve the recommendation.

- RAMSAY MILNE, Convener