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.

The Committee had before it the minute of the previous meeting of 20 January 2022, 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 Convener advised that in relation to the Pre Determination Hearing for the proposed development at Tillyoch, that it would now be held after the Local Government election and a determination would be made at a subsequent meeting of Planning Development Management Committee. 

The Committee resolved:-

to note the update provided in regards to the Pre Determination Hearing and the information contained in the Committee business planner.

Planning Reference – 211587

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Planning Officer:  Gavin Clark

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

That the application for detailed planning permission for the installation of a takeaway food kiosk and outdoor seating area with decking, including change of use (partly retrospective) (Temporary for 18 months) at land at former Cults Railway Station Aberdeen, be approved subject to the following conditions:-

Conditions

1.               Planning permission is hereby granted for a temporary period only and shall cease to have effect and lapse (excepting the effect of condition 2) on 31st July 2024 (the 'cessation date'). Prior to the cessation date, the use hereby permitted shall cease, the application site shall be cleared of all works and development approved under the terms of this permission (including any subsequent ancillary works, infrastructure, fixtures, fittings and any temporary developments permitted under Class 14 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992) and the application site shall be reinstated in accordance with the agreed restoration scheme submitted to and approved in writing by the planning authority under the terms of condition 2 of this permission.

Reason: To ensure the building is used for a temporary period in terms of the Supplementary Guidance: Temporary Buildings and minimise the impact on the amenity of the surrounding area and to ensure the appropriate restoration of the site.

2.               Within two months prior to the cessation date of 31st July 2024, full details of a scheme for the restoration of the application site shall be submitted to and approved in writing by the Planning Service. Prior to the cessation of this permission the site shall be restored in accordance with the approved restoration scheme.

Reason: To ensure the timeous and appropriate restoration of the site following the expiry of this temporary permission, in the interests of the visual amenity of the area.

3.               That within one month of the date of this permission, the cycle storage facilities as shown on drawing no. 1003 Rev B (Site Plan – Proposed) shall be provided and retained for the duration that the building is located on site.

Reason - in the interests of encouraging more sustainable modes of travel.

4.               That no cooking or frying operations (including but not limited to: deep fat frying, shallow frying, oven cooking, boiling, stewing, grilling, or broiling) shall be carried out on the premises.

Reason: in order to protect the amenity of neighbouring uses from cooking odours.

5.               That the use hereby granted planning permission shall be undertaken in accordance with the details outlined in the Litter Management Plan (Section 6.8 of the approved Design Statement), unless otherwise agreed in writing by the Planning Authority.

Reason - In order to ensure suitable waste storage and collection arrangements are in place, including appropriate facilities for customers and to protect public health and the amenity of the area.

6.               That the use hereby approved shall not operate outwith the times in the following days and months: a. In the months of  ...  view the full minutes text for item 3.

Planning Reference – 210972

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Planning Officer:  Roy Brown

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

That the application for detailed planning permission for the erection of a single storey extension to the rear at 36 Raeden Crescent Aberdeen, be approved subject to the following condition:-

Condition

1.               That no construction related to the extension shall take place unless finalised details of the finishing materials to the walls and roof of the development have been submitted to and approved in writing by the planning authority. Thereafter, the development shall be constructed in accordance with the approved details.

Reason: In the interests of the visual amenity of the surrounding area.

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

The Committee resolved:-

to approve the application conditionally.

Planning Reference – 210697

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Planning Officer:  Robert Forbes

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

That the application for detailed planning permission for the redevelopment of an existing site for erection of 17 residential flats over 4 storeys including demolition and all associated works at 15 Maberly Street Aberdeen, be approved subject to the following conditions and with a legal agreement:-

Conditions

1.Noise Assessment Mitigation Measures

The flats hereby approved shall not be occupied unless the specific noise mitigation measures have been installed in complete accordance with the Noise Impact Assessment carried out by AVAL (ref. 91407 rev. D) dated 12 Jan 2022, or such other mitigation measures as may be agreed in writing with the Planning Authority. The measures once installed, shall be retained in perpetuity.

Reason: In the interests of the residential amenity of occupants.

2.Dust Management Plan

No works in connection with the development hereby approved (including demolition) shall take place unless a Dust Management Plan has been submitted to and approved in writing by the Planning Authority. Any mitigation measures highlighted within this plan shall be implemented and retained in full for the duration of the demolition process.

Reason: In the interests of existing residential amenity.

3. Contaminated Land

No works in connection with the development hereby approved (other than the demolition of the existing buildings) shall commence unless an investigation of the site has been undertaken in accordance with Planning Advice Note 33 ‘Development of Contaminated Land’ and BS 0175:2011+A2:2017 - ‘Investigation of Potentially Contaminated Sites – Code of Practice’ and a report of that investigation has been submitted to and approved in writing by the Planning Authority. The investigation report shall include the following:

1.     an investigation to determine the nature and extent of contamination;

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; and

4.     verification protocols to demonstrate compliance with the remediation plan.

Where it is determined by the site investigation report that remediation of the site is required no works in connection with the development hereby approved (other than the demolition of the existing buildings) shall commence unless a remedial scheme has been submitted to and approved in writing by the planning authority. The development hereby approved shall not be brought into use unless the approved scheme of remediation has been carried out in its entirety and a validation report has been submitted to and approved in writing by the planning authority. Any areas of hardstanding, clean cover or other such barriers within the application site boundary that are included within the approved scheme of remediation and are required to break one or more pollutant linkages shall be permanently retained as such and shall not be disturbed without the prior written approval of the planning authority.

Reason: In order to ensure any potential contamination of the site is dealt with appropriately in the interests of public and environmental safety.

4.Surface Water Drainage

No  ...  view the full minutes text for item 5.

Planning Reference – 211453

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Planning Officer:  Jane Forbes

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

That the application for detailed planning permission for the erection of a coffee shop with drive thru, (sui generis) and associated infrastructure and landscaping works at site to the north of KFC, Intown Road, Bridge of Don Aberdeen, be approved subject to the following conditions:-

Conditions

1.     CAR PARKING

That the development hereby approved shall not be brought into use unless the car and motor cycle parking areas hereby granted planning permission have been constructed, laid-out and demarcated in accordance with drawing No. P(00) 003 Rev PO1 (Proposed Site Plan) 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 and motorcycles ancillary to the development and use thereby granted approval. 

Reason: In the interests of public safety and the free flow of traffic and to ensure compliance with Policy T2 (Managing the Transport Impact of Development) of the Aberdeen Local Development Plan and the associated ‘Transport and Accessibility’ Supplementary Guidance.

2.     ELECTRIC VEHICLE CHARGING POINTS

That prior to development commencing on site, details of the type of electric vehicle charging stations to be installed in association with the 2 EV car parking spaces identified on drawing No. P(00) 003 Rev PO1 (Proposed Site Plan) have been submitted to and approved in writing by the planning authority, and thereafter the charging stations are installed in accordance with the agreed detail prior to the use hereby approved commencing. 

Reason:  In order to encourage the use of electric vehicles and comply with the Council’s ‘Transport and Accessibility’ Supplementary Guidance.

3.     Cycle Parking (Short and Long Stay)

That the development hereby granted planning permission shall not be brought into use unless the secure cycle storage and parking facilities identified on drawing No. P(00) 003 Rev PO1 (Proposed Site Plan) of the plans hereby approved or such other drawing as may subsequently be submitted and approved in writing by the planning authority have been fully installed and made available for use.

Reason: In the interests of encouraging sustainable travel, as required by Policy T3 (Sustainable and Active Travel) of the Aberdeen Local Development Plan.

4.     Travel Plan

That the coffee shop hereby granted planning permission shall not be occupied unless full details of a Staff Travel Plan which includes an overarching aim, outlines sustainable measures to deter the use of the private car, in particular single occupant trips and provides detailed monitoring arrangements, realistic modal share targets and a series of measures to obtain these targets as set out in an Action Plan, are submitted to and agreed in writing by the planning authority and thereafter the Travel Plan is implemented in accordance with the approved details. 

Reason:  In order to encourage the use of alternative and sustainable modes of travel,  ...  view the full minutes text for item 6.

Planning Reference – 211633

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Planning Officer:  Ross McMahon

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

That the application for detailed planning permission for the installation of broadband antenna (retrospectively) at 536 Great Western Road, be approved subject to the following condition:-

Condition

Exact Colour of Broadband Antenna and Cable Conduit

1.               Within 1 month of the date of the granting of planning permission, details of the exact colour of grey to be used for the painting of the approved installed broadband antenna and cable conduit shall be submitted to and agreed in writing by the Planning Authority. Thereafter, the painting of the broadband antenna and cable conduit shall take place within 2 months of the date the colour is agreed.

Reason – to preserve the character and appearance of the building and the conservation area.

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

The Committee resolved:-

to approve the application conditionally. 

Planning Reference – 211490

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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 planning permission in principle for the erection of a dwelling house at West Cults Farm, West Cults Road Aberdeen, be refused for the following reasons:-

1.     That the application site lies within the Green Belt, and the proposal is for a new additional dwelling. Additional dwellings are not permitted through any of the exceptions set out in Policy NE2 (Green Belt) of the 2017 Aberdeen Local Development Plan, or policy NE1 (Green Belt) of the 2020 Proposed Development Plan. The proposed development is therefore contrary in principle to Green Belt Policy. There are no other material planning considerations that would justify a departure from these policies;

2.     That the application site contains a number of mature and semi-mature trees. To enable assessment of the proposal on these trees, additional information in the form of a tree survey, tree protection plan and arboricultural impact assessment is required. This information has not been provided, and there is thus insufficient information to assess the impact of the proposed development on the existing tree stock within the site. The development proposal is thus considered contrary to the requirements of policy NE5 (Trees and Woodlands) of the 2017 Aberdeen Local Development Plan; policy NE5 (Trees and Woodlands) of the 2020 Proposed Local Development Plan and Supplementary Guidance on Trees and Woodlands;

3.     That the application site is located within the Green Space Network; and is considered suitable as bat habitat and has the potential to offer habitat to other protected species. To enable assessment of the impact of the proposal on the Green Space Network, European protected species (including bats), and potentially other protected species, additional information by means of an Ecological Impact Assessment including a preliminary bat roost assessment is required. This information has not been provided, and there is thus insufficient information to assess the impact of the proposed development on the Green Space Network; European and other protected species and their habitats. The development proposal is thus considered contrary to the requirements of policies NE1 (Green Space Network) and NE8 (Natural Heritage) of the 2017 Aberdeen Local Development Plan; and policies NE2 (Green & Blue Infrastructure) and NE3 (Our Natural Heritage) of the 2020 Proposed Local Development Plan;

4.     That part of the application site is located in an area liable to flooding as shown on the SEPA flood risk maps. To establish the potential of flooding of the proposed development, additional information by way of suitable supporting information and potentially a flood risk assessment is required.  This information has not been provided, and there is thus insufficient information available to assess the proposed development in terms of flood risk. The development proposal is thus considered contrary to the requirements of policy NE6 (Flooding, Drainage and Water Quality) of the 2017 Aberdeen Local Development Plan and policy NE4 (Our Water Environment) of the 2020 Proposed Local Development Plan;

5.     That due  ...  view the full minutes text for item 8.

Planning Reference – 211702

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Planning Officer:  Jemma Tasker

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

That the application for detailed planning permission for the erection of a shed to the rear (partly retrospectively) at Bank Cottage, 6 Sunnybank Road Aberdeen, be refused for the following reasons:-

The proposal failed to consider the context of the site and its surrounding area, and on the basis that the shed would occupy a prominent location within the rear curtilage and, from a design perspective, failed to relate to the original dwelling or surrounding area, it was considered that such development would be incompatible with the original dwelling, and have an adverse effect on the character of the existing built environment. The proposal was therefore considered to be contrary to the requirements of Policies CF1 (Existing Community Sites and Facilities) and D1 (Quality Placemaking by Design) of the adopted Aberdeen Local Development Plan 2017; the Supplementary Guidance: ‘The Householder Development Guide’; and Policies CF1, D1 and D2 of the Proposed Aberdeen Local Development Plan 2020.

The proposal would fail to preserve the character and appearance of the Old Aberdeen Conservation Area in line with the legislative requirements of Scottish Planning Policy and Historic Environment Policy Scotland and would therefore also fail to address the requirements of Policy D4 (Historic Environment) of the adopted Aberdeen Local Development Plan 2017 and Policy D6 of the Proposed Aberdeen Local Development Plan 2020.

Taking the above into account and following on from the evaluation under policy and guidance, it was considered that there were no material planning considerations of sufficient weight that would warrant approval of the application in this instance.

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

The Convener moved, seconded by the Vice Convener:-

that the application be approved as on balance the Development was considered to be in accordance with Policies D1 and D2 in that despite its prominence in the street scene the design and materials are such that they would be compatible with the location within the conservation area subject to a further condition requiring details of landscaping and sedum roof to soften the visual impact from public viewpoints.

Councillor Greig moved as an amendment, seconded by Councillor Cooke:-

           that the application be refused in line with the officer recommendation.

On a division, there voted:- for the motion (4) – the Convener, the Vice Convener and Councillors MacKenzie and Malik – for the amendment (5) – Councillors Allan, Cooke, Copland, Cormie and Greig.

The Committee resolved:-

to adopt the amendment and therefore refuse the application.

The Committee heard from Claire McArthur, Team Leader, who provided a presentation in relation to the Scottish Government consultation on the draft National Planning Framework 4 (NPF4).

Ms McArthur explained that the document was currently out for consultation and officers from across the Council were currently working hard behind the scenes to prepare a response to the consultation questions.

The first National Planning Framework was published in 2004, and had since been reviewed twice, with NPF3, published in 2014, serving as the current iteration.  The NPF was a long-term plan prepared by the Scottish Government that set out where development and infrastructure was thought to be needed. 

The Draft NPF4 was published in late 2021 and focused on an approach to planning and development to try and help to achieve a net zero, sustainable Scotland by 2045.   Ms McArthur advised that this aim was different to previous versions which focused on facilitating development and on economic growth.

Ms McArthur indicated that the Draft NPF4 published by Scottish Government in late 2021 was described as a bold ambitious strategy for our future places.  It set out a vision for Scotland in 2045 and a long-term Spatial Strategy for the whole country.  It also included a number of National Planning Policies and, although currently not available, it was noted that the final version of the document would also be underpinned by a clear delivery programme.

Ms McArthur provided details on the timeline of the process over the next few months towards the eventual adoption of the document and explained that the Scottish Parliament would consider the draft document for a period of up to 120 days, and the Interim Chief Officer – Strategic Place Planning, David Dunne, last week gave verbal evidence to the Local Government, Housing and Planning Committee as part of that process.  Alongside the Parliament’s process the Scottish Government was also publicly consulting on the document until the 31^st March 2022.

Ms McArthur concluded that the intention of the Government was to bring back a revised version of the NPF for Parliament to approve before the upcoming summer recess and until then, the current National Planning Framework (NPF3) and Scottish Planning Policy (SPP) remain in place.

The Convener thanked Ms McArthur for her informative presentation and asked that the slides from the presentation be shared with members.

-        Councillor Marie Boulton, Convener