Agenda, decisions and minutes

Councillor Alphonse advised in relation to item 7.2 on the agenda, 26 Hollybank Place (article 8 refers)that she knew the agent for the application, who was due to make a presentation to the Committee and therefore would leave the meeting when the application was being considered and would take no part in the deliberation or determination of the application. 

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 1 December 2022, for approval.

The Committee resolved:-

to approve the minute as a correct record.

The Committee had before it the committee business planner, as prepared by the Interim Chief Officer – Governance. 

The Committee resolved:-

to note the business planner. 

 The Committee had before it a notice of motion by Councillor Boulton in the following terms:-

that the Committee:-

request that the Chief Officer – Strategic Place Planning, in consultation with the Interim Chief Officer – Governance, submit a report to this Committee in two cycles, which reviews the constitution and operation of the Local Review Body to include all matters. 

The Committee resolved:-

to approve the motion. 

Planning Reference – 221055

All documents associated with this application can be found at the following link and enter the refence number above:-

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Planning Officer:  Samuel Smith

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 formation of a driveway to the front and alterations to a boundary wall at 45 Stockethill Way Aberdeen, be approved subject to the following conditions:-

Conditions

1.              DURATION OF PERMISSION

The development to which this notice relates must be begun not later than the expiration of 3 years beginning with the date of this notice. If development has not begun at the expiration of the 3 year period, the planning permission lapses.

Reason - in accordance with section 58 (duration of planning permission) of the 1997 act.

2.              BIN STORE RELOCATION

That the driveway hereby approved shall not be constructed unless the bin store has been moved in agreement with the Council’s Waste and Recycling Service away from the edge of the pavement adjacent to the existing parking bay.

Reason - in the interest of improving visibility entering the proposed driveway.

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

The Committee resolved:-

to approve the application conditionally. 

Planning Reference – 221328

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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 installation of electric substations, transformers, feeder pillars, chargers, acoustic fences and associated works at First Aberdeen, 395 King Street, be approved subject to the following conditions:-

Conditions

01.  DURATION OF PERMISSION

The development to which this notice relates must be begun not later than the expiration of 3 years beginning with the date of this notice. If development has not begun at the expiration of the 3 year period, the planning permission lapses.

Reason - in accordance with section 58 (duration of planning permission) of the 1997 act. Page 38 Application Reference: 221328/DPP

02.  TREE PROTECTION

No development shall take place in relation to construction works authorised by this permission unless the proposed tree protection fencing as identified in drawing number: WC-127.1c.5 of the approved arboricultural assessment report dated 02/12/22 (Woodsage Consulting ref: WC-127.1 rev C), or such other drawings as may be approved, has been implemented on site and is retained for the duration of construction works on site. Evidence of implementation of such fencing and related signage shall be submitted to the Planning Authority in advance of commencement of development. No excavation, storage of materials, supplies, plant, machinery, spoil, changes in ground levels or other construction activities shall take place within the protected areas within the site.

Reason – In order to ensure the amenity of the area is protected and to minimise impact on trees due to root severance / soil compaction.

03.  SOFT LANDSCAPING / TREE PLANTING

All soft landscaping / planting proposals on site as identified in drawing number 1176- 003 rev. K shall be carried out in accordance with the approved landscape / maintenance scheme and shall be completed during the first planting season immediately following the commencement of the development, or such other date as may be agreed in writing with the Planning Authority. Any planting which, within a period of 5 years from the completion of the development, in the opinion of the Planning Authority is dying, being severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted.

Reason: To ensure the implementation of a satisfactory scheme of soft landscaping which will help to integrate the proposed development into the local landscape in the interests of the visual amenity of the area.

04.  NOISE ATTENUATION MEASURES

The electric vehicle (EV) charging facilities hereby approved shall not be used unless the specific noise mitigation measures have been installed in complete accordance with the approved Noise Impact Assessment (NIA) dated 0/11/22 (Environmental Noise Solutions Limited ref. NIA/10512/22/10699/v2/395 King Street, Aberdeen), or such other mitigation measures as may be agreed in writing with the Planning Authority. Installation of the following specific noise mitigation measures is required :

a)    The proposed fixed plant items and the associated calculated sound power levels, based on manufacturer’s data, shall  ...  view the full minutes text for item 6.

Planning Reference – 220772

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Planning Officer:  Aoife Murphy

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

That the application for Planning Permission in Principle for the erection of a nursery, including car parking, landscaping and associated infrastructure at site west of Northcote Lodge Care Home, Craigton Road Aberdeen, be refused for the following reasons:-

1. That the proposed development would not be for purposes considered essential for agriculture, woodland, or forestry, it would not be a recreational use associated with the existing agricultural or rural setting and would not be associated with mineral extraction or landscape renewal, nor would the proposal meet any of the exception criteria for development in the Green Belt. Additionally, it is considered that the development would represent an impact on the landscape setting of the Green Belt. Furthermore, the development is considered to represent the erosion of the character and function of the designated existing Green Space Network, as such it is considered that the development has the potential to impact existing habitats, especially given the Green Space Network has been designated to protect, promote and enhance wildlife value. As such, the development is contrary to Policy NE2 - Green Belt and Policy NE1 - Green Space Network of the Aberdeen Local Development Plan 2017, would represent a departure from the adopted Development Plan Strategy, Scottish Planning Policy and National Planning Framework 4. Page 55 Application Reference: 220772/PPP

2. That the development would result in a change of the existing rural landscape character of the site to its detriment. As such, the proposal is contrary to Policy D2 - Landscape of the Aberdeen Local Development Plan 2017 and the associated Children’s Nurseries Supplementary Guidance.

3. Due to the site’s location within the Pitfodels Conservation Area, while no finalised details of the development have been submitted for assessment, it is considered that a development of any nature would interrupt the open views of this vista which is noted as being a key characteristic of the area within the Pitfodels Conservation Area Character Appraisal. As such, there is a risk that the development would interrupt these views to the detriment of the conservation area, which is contrary to the requirements of Policy D4 - Historic Environment.

4. That due to its location, which is considered removed from the established residential area, the proposal does not constitute sustainable development and is therefore considered contrary to Policy T2 - Managing the Transport Impact of Development and Policy T3 - Sustainable and Active Travel of the Aberdeen Local Development Plan 2017.

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

The Committee then heard from Ms Kerry Robertson, applicant, who spoke in support of the application.

The Convener, seconded by Councillor Copland, moved:-

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

Councillor Alphonse moved as an amendment, seconded by Councillor Boulton:-

that the application be approved subject to conditions to be delegated to officers  ...  view the full minutes text for item 7.

At this juncture, in accordance with article 1 of the minute, Councillor Alphonse left the meeting. 

Planning Reference – 211807

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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 demolition of an existing commercial unit and erection of 9 residential apartments over 3 storeys with associated cycle storage and hard and soft landscaping works at 26 Hollybank Place Aberdeen, be refused for the following reasons:-

In the context that there has never been a building of the scale proposed on the application site and that the existing building is single storey, the proposed building of 9 flats, which would be 3 storeys in form, height and scale, would have a significant adverse impact on the existing (and long-standing) levels of background daylight and sunlight afforded to the ground floor flats of 21, 23, and 25 Hollybank Place to the north and northeast of the development, to the significant detriment of the amenity afforded to those flats. It would, consequently, adversely affect the residential amenity of the surrounding area and, in its context, would constitute overdevelopment. It would also for the same reasons conflict with Policies H1 – Residential Areas and D1 – Quality Placemaking by Design of the Aberdeen Local Development Plan 2017 and Policies H1 – Residential Areas, D1 – Quality Placemaking and D2 – Amenity of the Proposed Aberdeen Local Development Plan 2020.

In reaching this recommendation, it is recognised that this residential development would be located in an accessible location in an inner-city residential area near the city centre. Had it not been for this adverse impact on the amenity of the surrounding area due to its scale, height and massing, the development could have otherwise been supported, subject to appropriately worded planning conditions and registration of the Legal Agreement to satisfy matters regarding transportation, cycle infrastructure, design, amenity, sustainability, drainage, waste storage and developer obligations. The justification raised in the Design & Access Statement, that the building would replicate the scale and form of the historic tenement buildings on the street is not sufficient to warrant such an adverse impact on the neighbouring residential properties because an alternative residential development of lesser scale and height that would be complementary to the surrounding area could have been submitted which may not have had such an adverse impact to the 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 then heard from Mr Stewart Brodie who was an interested party to the application, having submitted a timely representation in regard to the proposed application and in line with the procedure note for the Committee.  Mr Brodie objected to the proposal.  The Committee also heard from the agent for the application, Mr Richard Tinto, who spoke in support of the application. 

The Committee resolved:-

to approve the application conditionally and a legal agreement, subject to the following conditions, for the following reasons:-

The application was considered to be compliant with the relevant planning policies of the  ...  view the full minutes text for item 8.