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=2888&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 was requested to determine that the following item of business, which contained exempt information as described in Schedule 7(A) of the Local Government (Scotland) Act 1973, be taken in private:-

Item 4.1 – 25-29 Queen’s Road.

The Committee resolved:-

in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973, to exclude the press and public from the meeting during consideration of the aforementioned item of business (Article 8 of this minute refers) so as to avoid disclosure of exempt information of the classes described in paragraph 12 of Schedule 7(A) of the Act.

The Convener explained that Councillor Crockett was now a member of the Planning Development Management Committee, and welcomed him accordingly.

The Committee had before it the minute of its previous meeting of 6 November 2014.

The Committee resolved:-

to approve the minute as a correct record.

Planning Reference – 141316

Planning application documents can be viewed here -  http://planning.aberdeencity.gov.uk/PlanningDetail.asp?ref=141316

With reference to Article 2 of the Minute of Meeting of the Development Management Sub-Committee of 29 September 2011, the Committee had before it a report by the Head of Planning and Sustainable Development which recommended:-

That the Committee approve the application to vary condition 16 (l) to amend the number of houses that may be occupied on the application site from 50 houses to 140 houses, subject to the following conditions:-

(i) That no more than 140 houses on the application site shall be occupied unless the scheme of improvements to the junction at Stoneywood Road/Stoneywood Terrace/Market Street, as shown on SBA drawing number A064659/A/SK001, or such other drawing as may subsequently be approved in writing for the purpose by the planning authority, has been implemented and is fully operational; (ii) that in addition to (i) above; (a) that the development access on the south side of Stoneywood and Junction RJ3 (as shown on p28 of the Design and Access Statement and SBA drawing number AO64659/A/SK005 or such other drawing as may be approved in writing for the purpose by the planning authority) shall be constructed prior to the occupancy of any individual development plot but need not made available for public use until completion of all  houses on development Blocks S1a and S1b; (b) that Junction RJ4 (as shown on p28 of the Design and Access Statement and SBA drawing number AO64659/A/SK002 or such other drawing as may be approved in writing for the purpose by the planning authority) shall be constructed but need not be made available for public use until completion of all houses on Development Blocks S2, S3 and S4; and (c) that Junction RJ5 (as shown on p28 of the Design and Access Statement and SBA drawing number AO64659/A/SK004 or such other drawing as may be approved in writing for the purpose by the planning authority) shall be constructed but need not be made available for public use until completion of all houses on Development Block S5;  (iii) that no individual development plot in Blocks S2, S3 and S4 shall be occupied unless the development access on the south side of Stoneywood Terrace and junction RJ3 shown on p28 of the Design and Access Statement and SBA drawing number AO64659/A/SK005 or such other drawing as may be approved in writing for the purpose by the planning authority, together with their associated link roads have been constructed and are available for public use; (iv) that no individual development plot in Blocks S5 shall be occupied unless the development access on the south side of Stoneywood Terrace and junction RJ4 shown on p28 of the Design and Access Statement and SBA drawing number AO64659/A/SK002 or such other drawing as may be approved in writing for the purpose by the planning authority, together with its associated link road has been constructed and is available for public use; and (v) that no individual development plot in Block S6 shall be occupied unless junction RJ5 shown on page  ...  view the full minutes text for item 4.

Planning Reference – 141260

Planning application documents can be viewed here - http://planning.aberdeencity.gov.uk/PlanningDetail.asp?ref=141260

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 three detached properties and landscaping within the site at North Deeside Road (opposite the International School), on the following grounds:-

(i)  That the site lies within the Green Belt which is defined to protect and enhance the landscape setting and identity of urban areas and in which there is a presumption against most kinds of development with only limited exceptions.  The proposed development does not comply with any of the specified exceptions to the presumption against development within the Green Belt, and would lead to the erosion of the character of the Green Belt which would adversely affect the landscape setting of the City.  The proposal therefore does not comply with Policy NE2 (Green Belt) of the Aberdeen Local Development Plan, Policy NE2 (Green Belt) of the Proposed Local Development Plan or Scottish Planning Policy.  If permitted, this application would create a precedent for more, similar developments to the further detriment of the objectives of the Green Belt policy, when sufficient land has been identified for greenfield housing through the development plan; (ii)  that the site lies within land designated as Green Space Network which the Council seeks to protect, promote and enhance the wildlife, recreational, landscape and access value of.  The proposed development would detrimentally erode the character or function of the Green Space Network and as such is contrary to Policy NE1 (Green Space Network) of the Aberdeen Local Development Plan and Policy NE1 (Green Space Network) of the Proposed Local Development Plan, and (iii) that the proposed residential dwellings, because of their design, would be unsatisfactory in this location taking account of the prevailing character of the immediate Pitfodels Conservation Area, in that they have not been designed with due consideration for their context.  The introduction of the three identical houses, the loss of the area of Green Belt and Green Space Network would have a significantly detrimental impact on the character of this part of the Pitfodels Conservation Area in that the development would not preserve or enhance the Conservation Area.  The proposals do not comply with Policies D1 (Architecture and Placemaking), D5 (Built Heritage) or NE5 (Trees and Woodlands) of the Aberdeen Local Development Plan, Policies D1 (Quality Placemaking by Design), D4 (Historic Environment) or NE5 (Trees and Woodlands) of the Proposed Aberdeen Local Development Plan, Scottish Planning Policy or Historic Scotland’s Scottish Historic Environment Policy.

The Convener, seconded by Councillor Greig, moved:-

That the recommendation contained in the report be approved.

Councillor Malik, seconded by Councillor Thomson, moved as an amendment that:

The application be approved as the proposal did not represent overdevelopment of the site, would enhance the conservation area and would allow for better connectivity in the area, specifically in relation to access to the old Deeside Railway, subject to the following conditions:

(i)  That no  ...  view the full minutes text for item 5.

Planning Reference – 131354

Planning application documents can be viewed here - http://planning.aberdeencity.gov.uk/PlanningDetail.asp?ref=131354

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 construction of five terraced houses and associated site works at Airyhall House, Craigton Road, Pitfodels, on the following grounds:-

(i) That the proposal would not preserve or enhance the character and appearance of the conservation area, being detrimental to that character and appearance due to (a) the inappropriate location, form, design and external finishing materials of the proposed houses; (b) the inappropriate density of development and juxtaposition with adjacent buildings resulting in a pattern of development that is not reflective of or in keeping with the area; and (c) the loss of green space, all of which would be contrary to Scottish Planning Policy, Scottish Historic Environment Policy and Policies D1 (Architecture and Placemaking), D2 (Design and Amenity), D5 (Built Heritage), and D6 (Landscape) and the associated supplementary guidance of the Aberdeen Local Development Plan and Policies D1 (Quality Placemaking by Design), D2 (Landscape), D4 (Historic Environment) and H1 (Residential Areas) of the Proposed Aberdeen Local Development Plan; and (ii) that the proposal would be contrary to Policy LR1 of the Aberdeen Local Development Plan in that the proposal would exceed the number of residential units allocated for the area, to the detriment of the character of the area arising from the inappropriate density of development.

The Committee resolved:-

to approve the recommendation to refuse the application, as detailed in the report.

The Committee had before it a report (CHI/14/043) by the Director of Communities, Housing and Infrastructure which asked that the Committee confirm the making of provisional Tree Preservation Orders.

The report explained that the exact details of the trees were as follows:

• Tree Preservation Order Number 131, Station Road, Dyce
• Tree Preservation Order Number 150, 40 Culter House, Milltimber
• Tree Preservation Order Number 190, 299 Queen’s Road
• Tree Preservation Order Number 191, Former Raeden Centre
• Tree Preservation Order Number 218, Former Hilton Nursery School

The report recommended:-

That the Committee confirm the making of Tree Preservation Orders 131, 150, 191, 192 and 218 without modifications, and that the Head of Legal and Democratic Services attend the requisite procedures.

The Committee resolved:-

to approve the recommendation contained in the report.

In accordance with the decision recorded under Article 1 to this minute, the following item was considered with the press and public excluded.

With reference to Article 10 of the minute of meeting of the Committee of 6 November 2014, the Committee had before it a report by the Head of Legal and Democratic Services which provided legal advice in relation to unauthorised works at 25-29 Queen’s Road, Aberdeen.

The report provided background information on the case and explained that any powers that the Authority has can only be exercised after an Enforcement Notice has been served.

The report also provided details of the powers available after the period of notice under the Enforcement Notice has lapsed and if the Notice has not been adhered to.  These include fixed penalty notices, prosecution proceedings and direct action.

The report recommended:-

that the Committee instruct officers in Legal and Democratic Services to issue a fixed penalty notice once an Enforcement Notice, served in connection with the current unauthorised works, is effective.

The Committee resolved:-

to approve the recommendation.

- COUNCILLOR RAMSAY MILNE, Convener.