Agenda, decisions and minutes

The agenda and reports associated with this minute can be found here.

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.

Councillor Cooke declared a personal interest in regards to items 6.1 and 6.2 on the agenda, Kings College applications, as he knew one of the objectors and also knew a member of University Court.  He did not feel that the interest was significant and did not feel it was necessary to leave the meeting during consideration of the applications.

Councillor Cormie also declared an interest in regards to items 6.1 and 6.2 on the agenda, Kings College applications, as he was a member of Grampian Youth Choir and an objection had been submitted from a member.  He also did not feel interest that the interest was significant and did not feel it was necessary to leave the meeting during consideration of the applications.

The Committee had before it the minute of the previous meeting of 20 May 2021, 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:-

to note the information contained in the Committee business planner.

At this juncture, the Convener advised that items 6.1 on the agenda and 6.2 would be considered at the same time.

Planning Reference – 201069

Please note that the presentation is a combined presentation for this application and also the Listed Building Consent application.

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Planning Officer:  Matthew Easton

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

That the application for detailed planning permission for the erection of a teaching and learning hall, removal of 1954 stack extension and kitchen extension to the old library, (James MacKay Hall), external alterations of Cromwell Tower, Old Senate Wing, Elphinstone Hall Kitchen Extension, Linklater Rooms and 1921 book stack, formation of new teaching and learning spaces within existing buildings and associated public realm works at Kings College Aberdeen, 201069, be approved subject to the following conditions:-

Conditions

PRE-DEMOLITION

(1)  CONSTRUCTION METHOD STATEMENT

No development (including demolition or site setup) shall commence unless a site-specific construction method statement has been submitted to and approved in writing by the planning authority. The method statement shall include details of (i) where site compounds would be located; (ii) how the construction site and compounds would be accessed; (iii) how the historic environment outwith the site would be safeguarded during construction. Thereafter construction shall be undertaken in accordance with the approved statement.

Reason – to safeguard the historic environment during construction.

(2)  ARCHAEOLOGY

No development (including demolition or site setup) shall commence unless an archaeological written scheme of investigation (WSI) has been submitted to and approved in writing by the planning authority and a programme of archaeological works has been carried out in accordance with the approved WSI. The WSI shall include details of how the recording and recovery of archaeological resources found within the application site shall be undertaken, and how any updates, if required, to the written scheme of investigation will be provided throughout the implementation of the programme of archaeological works. Should the archaeological works reveal the need for post excavation analysis the development hereby approved shall not be brought into use unless a post excavation research design (PERD) for the analysis, publication and dissemination of results and archive deposition has been submitted to and approved in writing by the planning authority. The PERD shall be carried out in complete accordance with the approved details.

Reason – to safeguard and record the archaeological potential of the area.

(3)  TREE PROTECTION

No development (including demolition or site setup) shall take place unless the tree protection fencing and ground root protection, shown in Tree Survey Report (April 2021) by Struan Dalgleish Arboriculture and associated drawings, has been implemented. Thereafter the fencing shall remain in place for the duration of construction of the development.

Reason – to protect trees from damage during construction. in accordance with Policy NE5 - Trees and Woodlands.

(4)  DEMOLITION METHODOLOGY

No development (including demolition or site setup) shall take place unless a methodology for the demolition of the bookstack extension and James Mackay Hall kitchen extension has been submitted to and approved in writing by the planning authority. The scheme shall include measures to protect the retained structures and buildings around the down-takings and details of how the existing structures will be made good once the demolition works have been carried out and  ...  view the full minutes text for item 4.

Planning Reference – 201070

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Planning Officer:  Matthew Easton

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

That the application for listed building consent for the erection of a teaching and learning hall, demolition of 1954 book stack extension and kitchen extension to old library (James MacKay Hall), internal and external alterations of Cromwell Tower, Old Senate Wing, Elphinstone Hall Kitchen Extension, Linklater Rooms and 1921 book stack to allow for formation of new teaching and learning spaces within existing buildings, and associated public realm works at Kings College Aberdeen, 201070, be approved conditionally.

Conditions

PRE-DEMOLITION

(1)  EVIDENCE OF CONTRACTS

No demolition shall take place unless evidence of a contract being in place for the construction of the development approved by planning permission 201069/DPP has been submitted to and approved in writing by the planning authority.

Reason – to ensure that the book stack extension and James Mackay Hall kitchen extension are not demolished without satisfactory redevelopment proposals being in place.

(2)  DEMOLITION METHODOLOGY

No development (including demolition or site setup) shall take place unless a methodology for the demolition of the bookstack extension and James Mackay Hall kitchen extension has been submitted to and approved in writing by the planning authority. The scheme shall include measures to protect the retained structures and buildings around the down-takings and details of how the existing structures will be made good once the demolition works have been carried out and include details of the reuse or retention for future use of any granite down-takings. Thereafter development shall be undertaken in accordance with the approved scheme.

Reason – to ensure an appropriately high quality of detailing commensurate with the setting of the proposal.

(3)  STONE CLEANING

No development (including demolition or site setup) shall take place unless details of any proposed stone cleaning have been submitted to and approved in writing by the planning authority. The ACC Supplementary Guidance on Stone Cleaning and Historic Environment Scotland’s Technical Advice Note (TAN 09 – Stone Cleaning of Granite Buildings) must be considered in developing the proposals. Thereafter development shall be undertaken in accordance with the approved scheme. In this condition ‘stone cleaning’ means the cleaning of stone using abrasive, chemical or high pressure water (above 50 psi).

Reason – to ensure an appropriately high quality of detailing commensurate with the setting of the proposal.

(4)  CREATION OF OPENINGS AND MAKING GOOD OF STONEWORK

No development (including demolition or site setup) shall take place unless a methodology for the formation of all new openings or other alterations to existing stonework has been submitted to and approved in writing by the planning authority. The scheme shall include details of the making good of any stonework exposed by down-takings or affected by the creation of openings. Thereafter development shall be undertaken in accordance with the approved scheme.

Reason – to ensure an appropriately high quality of detailing commensurate with the setting of the proposal.

PRE-CONSTRUCTION

(5)  WASTE STORE AND PORTERS BOTHY

No development shall take place unless a scheme  ...  view the full minutes text for item 5.

Planning Reference – 210417

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Planning Officer:  Robert Forbes

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

That the application for detailed planning permission for the construction of a permanent external seating area in the rear car park, at Great Western Hotel, 239 Great Western Road, be approved subject to the following conditions:-

Conditions

1.     Construction Details

No development shall take place pursuant to this permission unless details of the proposed wall construction / material and the proposed canopy housing have been submitted to and approved in writing by the planning authority. The external area shall not be used unless the development has been constructed in accordance with the details as may be so approved.

Reason – In order to preserve the amenity and character of the conservation area.

2.     Restriction of hours / noise generation

The external seating area hereby approved shall not be used outwith the hours from 10am until 10pm on any day. No amplified music or live events shall be played / performed within the structure hereby approved.

Reason – In order to protect the amenity of nearby residential premises due to potential noise disturbance.

3.     Cycle Parking

The external seating area hereby approved shall not be used unless provision has been made within the site for secure visitor cycle parking in accordance with details which shall have been submitted to and approved in writing by the planning authority.

Reason – In the interest of sustainable travel and discouragement of car parking.

4.     Waste Storage

The external seating area hereby approved shall not be used unless provision has been made within the site for bin storage on site in accordance with drawing no.100 hereby approved, or such other drawing as may be approved by the planning authority.

Reason – In order to protect the amenity of nearby residential premises due to potential waste generation.

The Committee heard from Robert Forbes, Senior Planner, who spoke in furtherance of the application and answered questions from members.

At this juncture, Councillor Greig, moved as an amendment:-

That the application be refused due to not complying with policies H1 (Residential Amenities), T5 (Noise) and also Noise Supplementary Guidance and the resulting impact on local residential amenity.

Councillor Greig’s amendment failed to attract a seconder and was therefore not put to the vote.

The Committee resolved:-

to approve the recommendation and therefore approve the application conditionally. 

Planning Reference – 210461

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Planning Officer:  Jemma tasker

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

That the application for detailed planning permission for the erection of a 2 storey extension to the rear and formation of a new window to the side at 95 Charleston Road North Aberdeen, 210461, be approved unconditionally.

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

The Committee resolved:-

to approve the application unconditionally. 

Planning Reference – 201292

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Planning Officer:  Matthew Easton

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

That there be a willingness to approve the application conditionally for detailed planning permission for the change of use from office to private medical clinic at the former Wood Group building, Wellheads Place Aberdeen, 201292 and to notify Scottish Ministers.

Conditions

(1)  NOISE

That the medical clinic use hereby approved shall not be implemented unless

(i)    details of compliance with the noise levels (LAeq,1hr 40 dB) for private offices, small treatment rooms, interview rooms, consulting rooms and small meeting rooms containment within the Department of Health – Special Services - Scottish Health Technical Memorandum HTM 08-01 document and

(ii)   and any mitigation measures required have been implemented.

Reason – to ensure occupants of the building are protected from any unreasonable levels of noise.

(2)  CYCLE PARKING

That the medical clinic use hereby approved shall not be implemented unless

(i)    details of the location and design of the proposed secure and covered cycle store have been submitted to and approved in writing by the planning authority and

(ii)   the cycle store has been installed and is available for use.

Reason – to encourage travel to and from the site by cycling.

(3)  ACCESSIBLE PARKING

That the medical clinic use hereby approved shall not be implemented unless the parking spaces identified on figure 4 of the Transportation Statement (A/200859 (November 2020) by Cameron + Ross) have been converted to accessible spaces and are available for use.

Reason – to ensure sufficient availability for those requiring an accessible parking space.

(4)  RESTRICTED ACTIVITIES

The medical clinic hereby approved shall not be operated unless –

· No patients are permitted to stay at the premises overnight.

· No procedure where any patient is under a general anaesthetic is undertaken at the premises.

Reason – to ensure that the vulnerability of the population attending the site remains as described in the application.

(5)  RESTRICTION ON CLASS 2 (FINANCIAL, PROFESSIONAL AND OTHER USES) USE

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended) and the Town and Country Planning (Use Classes) (Scotland) Order 1997 (as amended), this planning permission allows for use as a medical clinic only. No other uses within Class 2 (Financial, Professional and Other Uses) or a change of use to Class 1 (Shops) are permitted.

Reason – to ensure that the vulnerability of the population attending the site remains as described in the application.

The Committee heard from Matthew Easton, Senior Planner, who spoke in furtherance of the application and answered various questions from members.

At this juncture, Councillor Greig moved as an amendment:-

That the application be refused due to the objection received from the Health and Safety Executive.

Councillor Greig’s amendment failed to attract a seconder and was therefore not put to the vote.

The Committee resolved:-

to approve the recommendation and therefore approve the application conditionally and notify Scottish Ministers. 

Planning Reference – 210038

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Planning Officer:  Dineke Brasier  

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

That the application for detailed planning permission for the redevelopment of the site to form social housing rented accommodation (99 units), comprising a mix of unit types with associated streets, parking and amenity space at former Craighill Primary School, Hetherwick Road Aberdeen, 210038, be approved with a legal agreement and subject to the following conditions:-

Conditions

1.     Materials

That no development shall take place unless a scheme and/or samples 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. Sample panels of the external brick finishes, including mortar, shall be provided. Thereafter the development shall be carried out in accordance with the details so agreed.

Reason: In the interest of visual amenity and to ensure a satisfactory finish of the development.

2.     Boundaries (implementation)

Prior to completion of any residential unit to which the boundary relates, the relevant boundary treatments for that plot or block of flats as shown on drawing CH-RF-XX-XX-DRL-0002/RevP05 shall be implemented in their entirety unless otherwise agreed in writing.

Reason: In the interest of residential amenity and to ensure a satisfactory finish of the development.

3.     Play areas

That no development shall take place until a scheme providing additional details on the proposed play spaces has been submitted to and approved in writing. Thereafter, these play spaces shall be incorporated in the approved landscaping scheme, and shall not be implemented other than in accordance with the agreed details.

Reason: In the interest of residential amenity.

4.     Landscaping (implementation)

That all planting, seeding and turfing as shown on drawing CH-RF-XX-XX-DR-L-0003/RevP08, or any other such drawing submitted to and approved in writing by the Planning Authority, 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.

Reason: In the interest of visual and residential amenity.

5.     Landscaping (maintenance)

That no development shall take place until a scheme for maintenance of the landscaping as shown in drawing CH-RF-XX-XX-DR-L-0003/RevP08 has been submitted and approved in writing. Thereafter, maintenance of the landscaping shall be undertaken in accordance with the approved scheme.

Reason: In the interest of visual and residential amenity.

6.     Tree protection measures (1)

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.

Reason: To ensure adequate protection  ...  view the full minutes text for item 9.

Planning Reference – 191904

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Planning Officer:  Gavin Evans

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

That there be a willingness to approve the application subject to conditions and subject to conclusion of a legal agreement securing payment of developer obligations and ensuring that the development delivers a minimum of 25% as affordable housing.  The application is for planning permission in principle for the erection of a residential led, mixed use development of around 100 to 150 units (mix of house types and flats), including facilities consisting of up to 500 sqm of commercial floorspace (within classes 1(shops), 2(financial, professional and other services) and/or class 3(food and drink)) with associated works at Silverburn House, Claymore Drive Aberdeen, 191904.

Conditions

1.     Phasing

No development pursuant to this grant of planning permission shall be undertaken unless a phasing programme outlining the delivery of buildings, open spaces and roads infrastructure across the entire application site has been submitted to and approved in writing by the planning authority. For the avoidance of doubt, this scheme shall include details of trigger points for delivery of retail and/or commercial use to meet the local need generated by the new residential development.

Reason: in order to ensure development is progressively accompanied by appropriate associated infrastructure.

2.     Detailed Design (by phase)

No development in connection with any individual phase of the planning permission hereby approved shall take place unless the following details for that respective phase have been submitted to the Planning Authority and agreed in writing. Thereafter, development within that phase of development shall be implemented in accordance with the approved details. Unless otherwise agreed in writing with the planning authority, MSC applications shall include:

a)    siting, design and external appearance of the built development;

b)    a detailed landscape plan and strategy;

c)     details of the means of access, including junction design and trigger points for delivery;

d)    A detailed levels survey of the site and cross sections showing proposed finished ground and floor levels relative to existing ground levels and a fixed datum point;

e)    A detailed Drainage Plan, including details of the proposed means of disposal of surface water, including how surface water run-off shall be addressed during construction, incorporating the principles of pollution prevention and mitigation measures. The final location of SUDs, including ponds, should be appropriately positioned in accordance with an agreed flood risk assessment;

f)      Details of the connection to the existing Scottish Water foul water drainage network;

g)    Details of all cut and fill operations;

h)    The details of all roads, footpaths, cycleways and car parking provision;

i)       Details of any screen walls/fencing/boundary enclosures;

j)       Details of all landscaping, planting and screening;

k)     Details of the layout, siting, design, materials and finishes of all residential and non-residential buildings; and

l)       Details of waste/recycling collection points, for residential and non-residential properties, including swepth-path analysis of refuse collection vehicles.

Reason: In order to comply with Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc.  ...  view the full minutes text for item 10.

Planning Reference – 210427

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Planning Officer:  Roy Brown

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

That the application for detailed planning permission for the installation of a fence to the side (retrospectively) at 11 Earn’s Heugh Crescent Aberdeen, 210427, be refused. 

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

At this juncture, in terms of Standing Order 29.4.1, the Convener waived her right to the motion and allowed Councillor Cooke to have the prior right to the motion. 

Councillor Cooke, moved, seconded by the Convener:-

That the application be approved.  The proposal would be contrary to Policies H1 – Residential Areas and D1 – Quality Placemaking by Design of the adopted Aberdeen Local Development Plan in that its design, position and height would be intrusive in the street scene and have an adverse impact on the residential amenity or character of the surrounding area.  However the area to be enclosed is the only area of usable garden for this property and its enclosure would be the only way of securing the privacy of this area and that is considered to be a significant site specific material consideration that justifies approval of the application in this particular instance.  The fence would not obstruct forward visibility for road traffic and, therefore, would not be detrimental to road safety.

Councillor Greig moved as amendment, seconded by Councillor Cormie:-

           That the application be refused in line with the recommendation.

On a division, there voted:-  for the motion (7) – the Convener, the Vice Convener and Councillor Allan, Cooke, Copland, MacKenzie and Malik – for the amendment (2) – Councillors Cormie and Greig.

The Committee resolved:-

to adopt the motion and therefore approve the application. 

-        Councillor Marie Boulton, Convener