Agenda, decisions and minutes

The agenda and reports associated with this minute can be found at:-

https://committees.aberdeencity.gov.uk/ieListDocuments.aspx?CId=348&MId=6263&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 agreed to that item 8.1 on the agenda, Triple Kirks, would be held in private with the press and public excluded.

The Committee had before it the minute of the previous meeting of 22 March 2018, for approval.

The Committee resolved:-

to approve the minute as a correct record, with the amendment of Highlander to Highlanders in regards to Councillor Cooke’s declaration of interest at item 5.

The Committee had before it the minute of the Planning Development Management Committee site visit of 28 March 2018, for approval.

The Committee resolved:-

to approve the minute as a correct record.

The Committee had before it a planner of future Committee business.

The Committee resolved:- 

(i)            to note that a combined report on TPO 248 and 249 would be added to the planner for reporting back to committee in due course; and

(ii)          to otherwise note the information contained in the Committee report planner.

Planning Reference – 171445

All documents associated with this application can be found at the following link:-

https://publicaccess.aberdeencity.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=ZZZY9JBZSK671

Planning Officer:  Jamie Leadbeater

The Committee had before it a report by the Interim Chief Officer, Strategic Place Planning, which recommended:-

That the application for the change of use from class 2 (financial, professional and other services) to student accommodation including formation of new window and rooflights, replacement of existing windows and door and removal of vents and installation of covered bike store, at 91 High Street Aberdeen, be approved subject to the following conditions.

1)    No development shall occur until full details of: the cill and lintols pertaining to the windows within the converted outbuilding; and, rooflights, have been submitted to the Planning Authority and agreed in writing. Thereafter, the proposed development shall be carried out in complete accordance with such approved details.

Reason: In the interest of the character and appearance of the category B-listed building.

2)    For the avoidance of doubt, all: frames associated to replacement and new windows within the building; and the ‘timber linings’ used to partially block-up the existing doorway fronting onto Blackburn Place, shall be constructed from wood.

Reason: To ensure the changes are sympathetic to the special architectural interest of the listed building.

INFORMATIVE FOR APPLICANT

A)   The applicant will need to obtain an HMO (House in Multiple Occupation) license from the Council in order to legally operate the development.

The Committee heard from Jamie Leadbeater, Planner, who spoke in furtherance of the application and answered various questions from members.

The Convener, seconded by the Vice Convener, moved:-

that the application be refused due to concerns in regards to the change of use and the impact of the proposed development on the residential amenity of the area by virtue of noise and disturbance.  It was also felt that it would have a detrimental impact on the character of the Conservation area and did not comply with Policies, CF1 – Existing Community Sites and Facilities, D1 – Quality Placemaking by Design and D4 – Historic Environment.

Councillor Cormie, seconded by Councillor Copland, moved as an amendment:-

that the application be approved, in line with the recommendation contained within the report.

On a division, there voted:- for the motion (6) – the Convener, the Vice Convener and Councillors Allan, Greig, Avril MacKenzie and Malik; for the amendment (3) Councillors Cooke, Copland and Cormie.

The Committee resolved:-

to adopt the motion and therefore refuse the application.

Planning Reference – 171457

All documents associated with this application can be found at the following link:-

https://publicaccess.aberdeencity.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=P0L549BZHPU00

Planning Officer:  Jamie Leadbeater

The Committee had before it a report by the Interim Chief Officer, Strategic Place Planning, which recommended:-

That the application for listed building consent at 91 High Street, be approved subject to the following conditions.

1)    No development shall occur until full details of the cill and lintols pertaining to the windows within the converted outbuilding, as well as rooflights, have been submitted to the Planning Authority and agreed in writing. Once approved, the proposed development shall be carried out in complete accordance with the approved scheme.

Reason: In the interest of the character and appearance of the category B-listed building.

2)    For the avoidance of doubt, all replacement and new windows within the building shall be constructed from timber, as well as the timber linings used to partially block-up the existing doorway fronting onto Blackburn Place.

Reason: To ensure the changes are sympathetic to the special architectural interest of the listed building.

The Committee heard from Jamie Leadbeater, Planner, who spoke in furtherance of the application and answered questions from members.

The Committee resolved:-

to approve the application conditionally.

Planning Reference – 170710

All documents associated with this application can be found at the following link:-

https://publicaccess.aberdeencity.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=ORJ7SEBZLKH00

Planning Officer:  Jamie Leadbeater

The Committee had before it a report by the Interim Chief Officer, Strategic Place Planning, which recommended:-

That the application for a change of use from residential (class 9) to public house (Sui Generis) and installation of ventilation duct to rear, at 15 High Street Aberdeen, be approved subject to the following condition.

1)    That, for the avoidance of doubt, the garden space within the rear curtilage of the application property shall not be used by customers of the public house at any time.

Reason: In the interests of local residents’ general amenity.

ADVISORY NOTES FOR APPLICANT

1)    Express Advertisement Consent is likely to be required should the applicant wish to affix any signage to the application property. It is therefore recommended that the applicant contacts the Planning Service to establish if an application would be needed.

2)    Listed Building Consent (LBC) may be required for any external or internal changes to the building to facilitate public house use – including advertisements. It is therefore recommended that the applicant contacts the Planning Service to establish if an application would be needed.

3)    The applicant is responsible for arranging business waste collection from the premises. Aberdeen City Council is not the only waste collection operators in the city. ACC Waste services can be contacted by phone on: 03000 200 292.

4)    It is recommended that the applicant/developer liaises with Police Scotland’s Architectural Liaison Officer to discuss possible measures associated to ‘designing-out crime’ and securing a ‘Secured By Design’ award.

5)    The applicant/operator is required to obtain an appropriate operating licence from the Council’s Licensing Department to legally bring the public house proposals into use. ACC Licensing can be contacted by phone on: 01224 522449 or by email at: licensing@aberdeencity.gov.uk.

The Committee heard from Jamie Leadbeater, who spoke in furtherance of the application and answered various questions from members, whereby the following information was noted.

·         The neighbouring chapel offered 24 hour worship and had two residents;

·         The noise assessment was primarily inside and looked at the transmission of noise to the adjoining properties;

·         In regards to parking at the proposed development, the area was a Controlled Parking Zone; and

·         The proposed development was easily accessible and well served by buses.

Councillor McLellan spoke as a local member in regards to the application and highlighted various concerns.  Councillor McLellan drew Members attention to the significant amount of objection letters received and also asked if the proposed development was suitable for the area with a Catholic Church as the neighbouring property.  Councillor McLellan requested that members consider refusing the application due to the proposed development not complying with policies T5 – Noise and CF1 – Existing Community Sites and Facilities.

The Committee resolved:-

to refuse the application unanimously due to the adverse effect and impact the proposed development would have on the residential amenity of the area and also the Chaplaincy which is a neighbouring property; and as the proposal did not comply with policies CF1 – Existing Community Sites & Facilities and T5  ...  view the full minutes text for item 7.

Planning Reference – 170709

All documents associated with this application can be found at the following link:-

https://publicaccess.aberdeencity.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=ORJ538BZLKE00

Planning Officer:  Jamie Leadbeater

The Committee had before it a report by the Interim Chief Officer, Strategic Place Planning, which recommended:-

That the application for listed building consent for the alterations to the building to form a Public House at 15 High Street Aberdeen, be approved subject to the following conditions.

1)    No development shall occur until the applicant has submitted precise details to the Planning Authority for approval clarifying the exact location for drilling the ventilation duct into the rear wall. Once agreed, the works shall be carried out in complete accordance with the approved scheme.

Reason: In the interests of minimising damage to the built fabric, particularly stonework, of the listed building

1) Further Listed Building Consent (LBC) could be required to affix any signage to the building, including above the main entrance door from High Street.It is therefore recommended that the applicant contacts the Planning Service to establish if an application would be needed.

2) Express Advertisement Consent would most likely be required to erect/affix any signage to the fabric of the listed building which is visible from High Street or Elphinstone Road. It is recommended the applicant/developer engages in pre-application discussion with the Planning Authority for such proposals prior to the submission of any formal application to obtain the required consent.

The Committee resolved:-

to approve the recommendation and therefore approve the application conditionally.

Planning Reference – 171333

All documents associated with this application can be found at the following link:-

https://publicaccess.aberdeencity.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=OYUKDBBZGWF00

Planning Officer:  Jamie Leadbeater

The Committee had before it a report by the Interim Chief Officer – Strategic Place Planning, which recommended:-

That the application for a change of use from class 1 (shops) to sui generis (hot food takeaway) at Unit 12, Mastrick Shopping Centre, Greenfern Road Aberdeen, be approved subject to the following conditions.

1)    Prior to the use coming into operation, the Local Extract Ventilation (LEV) system as specified in the submitted Noise Impact Assessment (prepared by Bureau Veritas, 20/03/2018) shall be installed and remain operational for the lifetime of the use.

Reason: In the interests of protecting local residents and businesses general amenity.

ADVISORY NOTES FOR APPLICANT

Should the applicant/developer wish to affix any new signage to the application property, it is recommended they check with the Planning Service before undertaking any works to check if Express Advertisement Consent will be needed. The Planning Service is contactable on 01224 523470 or at pi@aberdeencity.gov.uk

The Committee resolved:-

to approve the recommendation and therefore approve the application conditionally.

Planning Reference – 170028

All documents associated with this application can be found at the following link:-

https://publicaccess.aberdeencity.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=OJPKWSBZIFL00

Planning Officer:  Lucy Greene

The Committee had before it a report by the Interim Chief Officer – Strategic Place Planning, which recommended:-

That the application for the approval of matters specified in conditions 1, 6, 7, 8, 10, 12 and 13 of P120491 for the erection of a dwellinghouse at Bieldside Lodge, North Deeside Road, be approved subject to the following conditions.

1.    That any tree removal works agreed in terms of this planning permission shall take place outside the bird breeding season, which for the purposes of this shall be taken to be beginning of March until of end of August – in the interests of wildlife.

2.    That works shall not take place unless there remains in place on site the scheme for the protection of trees and to be retained on the site during construction works as approved under this MSC in relation to condition and 12 (Ref. 120491) and this has been agreed on site with the planning authority- in order to ensure adequate protection for the trees on site during the construction of the development.

3.    that all planting, seeding and turfing, including the sedum roof, 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 - in the interests of the amenity of the area.

4.    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: 1989 "Recommendation for Tree Works" before the building hereby approved is first occupied - in order to preserve the character and visual amenity of the area.

5.    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 - in order to ensure adequate protection for the trees on site during the construction of the development.

6.    The proposals shall be carried out in complete accordance with the 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) and as approved under condition 13 (Ref.120491), unless the planning authority has given prior written approval for  ...  view the full minutes text for item 10.

Planning Reference – 180060

All documents associated with this application can be found at the following link:-

https://publicaccess.aberdeencity.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=P2P7RKBZ01U00

Planning Officer:  Dineke Brasier

The Committee had before it a report by the Interim Chief Officer – Strategic Place Planning, which recommended:-

That the application for the erection of a 1.5 storey dwelling with double garage, partial excavation and relevelling, including construction of retaining walls and associated landscaping at land opposite to 39 Bloomfield Road Aberdeen, be approved subject to the following conditions.

1.         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

Reason: In the interests of visual amenity.

2.         No development shall take place unless it is carried out in full accordance with a scheme to address any significant risks from contamination on the site that has been approved in writing by the planning authority.

The scheme shall follow the procedures outlined in “Planning Advice Note 33 Development of Contaminated Land” and shall be conducted by a suitably qualified person in accordance with best practice as detailed in “BS10175 Investigation of Potentially Contaminated Sites - Code of Practice” and other best practice guidance and shall include:

1. an investigation to determine the nature and extent of contamination and any ground     gases

2. a site-specific risk assessment

3. a remediation plan to address any significant risks and ensure the site is fit for the use proposed

4.verification protocols to demonstrate compliance with the remediation plan

Reason: To ensure that the site is suitable for use and fit for human occupation

3.         No building(s) on the development site shall be occupied unless

1.    any long term monitoring and reporting that may be required by the approved scheme of contamination or remediation plan or that otherwise has been required in writing by the planning authority is being undertaken and

2.    a report specifically relating to the building(s)has been submitted and approved in writing by the planning authority that verifies that remedial works to fully address contamination and ground gas issues related to the building(s) have been carried out, unless the planning authority has given written consent for a variation.

Reason: To ensure that the site is suitable for use and fit for human occupation

4.         The building hereby approved shall not be occupied unless a scheme detailing compliance with the Council's ‘Resources for New Development’ 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

Reason: To ensure that this development complies with requirements for reductions in carbon emissions specified in Policy R7 of the 2017 Aberdeen Local Development Plan.

5.         No development shall take place until a statement detailing how the development shall have/ provide access to modern, up to date high speed communications infrastructure has been submitted to and approved in writing by the planning authority. The approved  ...  view the full minutes text for item 11.

Planning Reference – 170307

All documents associated with this application can be found at the following link:-

https://publicaccess.aberdeencity.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=ON87A4BZJO000

Planning Officer:  Nicholas Lawrence

The Committee had before it a report by the Interim Chief Officer – Strategic Place Planning, which recommended:-

That there be a willingness to approve the application conditionally at Morkeu, Craigton Road Aberdeen subject to a legal agreement in respect of completion of the link road, developer contributions (Secondary Education £10,540.00); Community Facilities £36,225.00; Core Path Network £7,366.00; Open Space £3623.00; Healthcare £20,267.00; and £41,250 affordable housing as set out in the Developer Obligation consultation response, agreement on primary schooling arrangements and appropriately worded planning conditions. 

Conditions

1.    Hard landscaping

No development shall commence until details of the hard landscaping, including details of the pathways, have been submitted to and approved in writing by the local planning authority.  All hard landscaping works which form part of the approved scheme shall be completed prior to the first occupation of any part of the development.

Reason:  To enhance the appearance of the development and to comply with policies D1 and D2 of the Aberdeen Local Development Plan 2017

2.    Soft landscaping

No development shall commence until details of the soft landscaping (including details of any trees or hedges to be retained and measures for their protection during in the course of the development, proposed plant numbers, species, location and size of trees and tree pits) and details of the management and maintenance of the landscaping shall be submitted to and approved in writing by the local planning authority.  For the avoidance of doubt this includes the embankment to the south of plot 1- 4 as shown on DRAWING No. PL01 Rev I.

Reason:   To enhance the appearance of the development in the interest of the visual amenities of the area and to comply with policies D1 and D2 of the Aberdeen Local Development Plan 2017.

3.    Soft landscaping (implementation / maintenance)

All planting, seeding or turfing comprised in the approved scheme of landscaping shall be carried out in the first planting and seeding seasons following the first occupation of any part of the development or the completion of the development, whichever is the sooner; 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 similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason:   To enhance the appearance of the development in the interest of the visual amenities of the area and to comply with policies D1, D2 and NE5 of the Aberdeen Local Development Plan 2017

4.    Protection of existing trees

No development shall commence until fences for the protection of trees to be retained have been erected in accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority. The fences shall be retained until the completion of the development and no vehicles, plant or materials shall be driven or placed within the areas enclosed by such fences.  ...  view the full minutes text for item 12.

Planning Reference – 180013

All documents associated with this application can be found at the following link:-

https://publicaccess.aberdeencity.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=P28GP2BZ02E00

Planning Officer:  Gavin Evans

The Committee had before it a report by the Interim Chief Officer – Strategic Place Planning, which recommended:-

That the application for the discharge of planning obligation associated with A7/2178 and A8/530 relating to the site of 170525 at Zone A, Countesswells Road Aberdeen, be approved.

The Committee resolved:-

to approve the discharge.

Planning Reference – 170610

All documents associated with this application can be found at the following link:-

https://publicaccess.aberdeencity.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=OQK6Q3BZL3U00

Planning Officer:  Sepideh Hajisoltani

The Committee had before it a report by the Interim Chief Officer – Strategic Place Planning, which recommended:-

That the application for the demolition of the Steading and Lodge to allow reinstatement of Inchgarth House and surrounding landscape, be approved unconditionally.

The Committee resolved:-

to approve the application unconditionally. 

Planning Reference – 151239

All documents associated with this application can be found at the following link:-

https://publicaccess.aberdeencity.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=ZZZY9HBZSK972

Planning Officer:  Nicholas Lawrence

The Committee had before it a report by the Interim Chief Officer – Strategic Place Planning, which provided Members with an update in regards to the Developer Obligation payment for Triple Kirks.

The Committee resolved:-

to agree that the item be referred simpliciter to Full Council for consideration.

-       Councillor Marie Boulton, Convener