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 Convener advised Members that the Council had won Planning Authority of the Year at the Royal Town Planning Institute Scotland Awards, and had been shortlisted for the City Centre and Beach Masterplan.

The Committee resolved:-

to congratulate officers on their success at the awards.

The Committee noted the following transparency statements:-

·       In relation to item 6.1, Draft Energy Transition Zone Consultation, Councillor Blake advised that she was a member of Aberdeen Climate Action and a number of the members of the group were also involved with Save St Fitticks, however she was not involved with that group.  Therefore she did not consider the connection required a declaration of interest, and indicated that she would remain in the meeting for consideration of the item.

·       In relation to item 7.4 on the agenda, International School Aberdeen, Councillor Boulton advised that when she was the Planning Convener and before any planning application was submitted, she attended a meeting with all interested parties.  However she did not consider the connection required a declaration of interest, and indicated that she would remain in the meeting for consideration of the item.

·       In relation to item 8.1 on the agenda, land at 10 Queen’s Terrace Aberdeen, Councillor Radley advised that she was a Board Member on Visit Aberdeenshire with the applicant, however she did not consider the connection required a declaration of interest, and indicated that she would remain in the meeting for consideration of the item.

·       Also in relation to item 8.1, Councillor Cooke advised that he knew some of the individuals who were due to speak in relation to the application, however, did not consider the connection required a declaration of interest and indicated he would also remain in the meeting for consideration of the item.

The Committee had before it the minute of the previous meeting of 1 June 2023, for approval.

The Committee resolved:-

to approve the minute as a correct record.

The Committee had before it the minute of the Planning Development Management Committee (Visits) minute of 8 June 2023, 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 (Legal).

The Committee resolved:-

to note the planner. 

The Committee had before it a report by the Chief Officer – Strategic Place Planning, which presented the draft Energy Transition Zone (ETZ) Masterplan. The report sought approval to undertake public consultation on the document, with the results of the consultation and any recommended revisions to the document subsequently reported back to this Committee within 6 months for approval of the Masterplan as non-statutory Aberdeen Planning Guidance (APG).

The report recommended:-

that the Committee -

(a)           approves the content of the draft ETZ Masterplan (Appendix 1);

(b)           instructs the Chief Officer – Strategic Place Planning to, subject to any minor drafting changes, publish the draft ETZ Masterplan for a six week period of non statutory public consultation; and

(c)           instructs the Chief Officer – Strategic Place Planning to report the outcomes of the public consultation and any proposed revisions to the draft ETZ Masterplan to a subsequent Planning Development Management Committee within the next six months.

The Committee heard from Rebecca Kerr, Planner, who spoke in furtherance of the report and answered various questions from Members. 

The Committee resolved:-

(i)              to request that a Service Update be issued to Members regarding the consultation and actions being taken in regards to the consultation by both ETZ Ltd and Aberdeen City Council;

(ii)             to endorse the content of the draft Energy Transition Zone (ETZ) Masterplan;

(iii)            to instruct the Chief Officer – Strategic Place Planning to, subject to any minor drafting changes, publish the draft ETZ Masterplan for an eight week period instead of six weeks of non statutory public consultation; and

(iv)           to approve recommendation (c). 

With reference to article 12 of the minute of 1 September 2022, the Committee had before it a report by the Chief Officer – Strategic Place Planning, which sought approval to adopt the Aberdeen Planning Guidance (APG): Outdoor Seating.

The report recommended:-

that the Committee –

(a)           note the findings of the consultation on the Draft Outdoor Seating Guidance Document, and subsequent responses and revisions proposed by Officers to the Draft document (refer Appendix 1) and

(b)           approve the Aberdeen Planning Guidance: Outdoor Seating (Appendix 2) as non-statutory planning advice.

The Committee heard from Donna Laing, Senior Planner, who spoke in furtherance of the report and answered various questions from members. 

The Committee resolved:-

(i)              to request that officers investigate preparing a visual diagram to highlight actions required for applicants in terms of what would and would not require planning permission;

(ii)             to request that officers look at creating a frequently asked question (FAQ) section on the website in order to make the process easier for applicants in terms of outdoor seating;

(iii)            to request that officers clarify the seasonable consent section in the document in regards to the 28 day limit; and

(iv)           to approve the recommendations. 

Planning Reference – 221380

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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 change of use from residential dwelling (class 9) to mixed use (class 3 and 4) including community cafe, with ancillary office accommodation and meeting hall; erection of single storey extension to form additional seating areas to cafe; formation of access ramp, external seating area and erection of bin store with associated hard and soft landscaping works at Wallace Tower, Tillydrone Road Aberdeen, 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.

(02)  EXTERNAL MATERIALS DETAILS

That no development shall take place unless a scheme/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 and thereafter the development shall be carried out in accordance with the details so agreed.

Reason - in the interests of visual amenity.

(03)  GREEN WALL

That no development shall take place unless a scheme providing details and a maintenance scheme of the green wall to be installed to the west elevation of the extension 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.

(04)  LANDSCAPING DETAILS

That no development shall take place unless a landscaping scheme providing details of all soft and hard landscaping 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. For the avoidance of doubt, the landscaping scheme shall consider the reuse of granite to be removed from the existing boundary wall and north elevation.

Reason – in the interests of visual amenity.

(05)  METHODOLOGY STATEMENT (SLAPPING)

That no development shall take place unless a methodology statement providing details of the slapping to the north elevation of the original building and the finishing of the boundary wall 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 interest of the special character of the listed building and the Old Aberdeen Conservation Area.

(06)  EXTERNAL LIGHTING SCHEME

That no development shall take place, and notwithstanding any information contained within drawing PL(00)005, unless details of an external lighting scheme have been submitted to, and approved in writing by the Planning Authority and thereafter the development shall be carried out in accordance with the  ...  view the full minutes text for item 8.

Planning Reference – 221379

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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 Listed Building Consent for the conversion of existing building to form community cafe with ancillary office accommodation and meeting hall; erection of single storey extension to form additional seating areas to cafe; internal alterations; formation of access ramp, external seating area and erection of bin store with associated hard and soft landscaping works at Wallace Tower, Tillydrone Road Aberdeen be approved subject to the following conditions:-

Conditions

(01)  EXTERNAL MATERIALS DETAILS

That no development shall take place unless a scheme/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 and thereafter the development shall be carried out in accordance with the details so agreed.

Reason - in the interests of visual amenity.

(02)  GREEN WALL

That no development shall take place unless a scheme providing details and a maintenance scheme of the green wall to be installed to the west elevation of the extension 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.

(03)  METHODOLOGY STATEMENT (SLAPPING)

That no development shall take place unless a methodology statement providing full details of, and a methodology for the formation of the slapping to the north elevation of the original building and the finishing of the boundary wall 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 interest of the special character of the listed building and the Old Aberdeen Conservation Area.

(04)  INTERNAL DOORS

That no development shall take place unless detailed drawings and sections (scale of 1:10) of the proposed replacement internal doors have 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 interest of the special character of the listed building.

The Committee heard from Dineke Brasier, Senior Planner, who spoke in furtherance of the application and answered various questions from Members. 

The Committee then heard from Steven Berry, representing Old Aberdeen Community Council and Margaret Sleeman, representing Friends of Seaton Park, who both objected to the planning application.

The Committee then heard from the agent for the application, Stephen Martin, who answered questions from Members in regards to the proposed application. 

The Committee resolved:-

to approve the application conditionally in line with the officer recommendation.

Planning Reference – 230428

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Planning Officer:  Alex Ferguson

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 supported living accommodation (Class 8 - residential Institutions), comprising eight residential units and ancillary staff office building, new vehicular access, car parking, infrastructure, open space and landscaping at the former Stoneywood School site, Stoneywood Road Aberdeen, be approved with a legal agreement and 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)  NOISE MITIGATION

The hereby approved dwellings shall not be occupied unless noise mitigation measures achieving at least an equivalent effect of those measures contained within section 7 of the approved Noise Impact Assessment (Sandy Brown: 23055-R01-B – 21 March 2023) have been applied, including;

a)    Installation of windows throughout the development with a minimum sound insulation performance of Rw + Ctr 40 dB;

b)    The external wall and roof constructions must have a minimum sound insulation performance of Rw + Ctr 48 dB;

c)     Installation of essential mechanical means of ventilation to allow a closed window strategy for noise control;

d)    Installation of a mechanical ventilation system which complies with NR 25 internally within dwellings, with demonstration of this to the satisfaction of, and agreed in writing by, the Council’s Environmental Protection Service.

Reason: In order to ensure that external sources of noise from the operations of Aberdeen International Airport are suitably mitigated to allow a satisfactory residential amenity to be created within the new dwellings.

(3)  LANDSCAPING SCHEME

Prior to the occupation of any of the hereby approved dwellings, a scheme of hard and soft landscaping covering all hard surfaces, areas of public and private open space and landscaped buffer spaces within the development as shown on approved drawing 2274-MRT-XX-XX-LD-A 90001 Rev D (Proposed Site Plan) shall be submitted to and approved in writing by the Planning Authority. The scheme shall increase biodiversity on the site and include details of:

1.     Those areas reserved as private space and those areas that will be freely accessible for all residents;

2.     Proposed tree and shrub numbers, densities, locations, species, sizes and stage of maturity at planting;

3.     A method statement outlining how any landscaping or other works within the root protection areas of existing trees shall take place whilst protecting and retaining the existing tree rooting environment;

4.     Arrangements for the management and maintenance of the proposed open space and landscaped areas; and

5.     All proposed hard-surface finishing materials.

All hard landscaping proposals shall be carried out in accordance with the approved scheme and shall be completed prior to the occupation of the first dwelling. All soft landscaping shall be planted in  ...  view the full minutes text for item 10.

Planning Reference – 230405

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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 installation of floodlighting to the existing 3G pitch (part retrospective) at International School of Aberdeen, North Deeside Road Aberdeen, 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.

(02)  RESTRICTION ON HOURS

That the floodlights hereby approved shall only be in use between 15:00 and 21:00 hours Monday to Friday and shall not be used on Saturdays and Sundays. The floodlights shall only be used during hours of low light or darkness.

Reason – in the interest of residential amenity

(03)  INSTALLATION IN ACCORDANCE WITH DETAILS

That the development hereby approved shall be installed in accordance with the details as set out in the ‘International School Aberdeen Proposed Floodlighting Lighting Impact Study’ by Halliday Lighting, dated 30th May 2023; and associated drawing HLS5540 forming part of this application, and shall be retained as such.

Reason – in the interest of residential amenity

The Committee heard from Dineke Brasier, Senior Planner, who spoke in furtherance of the application and answered various questions from Members.

The Committee then heard from Val Milne, representing Braeside and Mannofield Community Council and Jan Robertson, who both objected to the proposed planning application. 

The Committee then heard from Ian Williamson, applicant, who spoke in support of the application.

The Committee resolved:-

to approve the application conditionally in line with the officer recommendation. 

Planning Reference – 230601

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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 erection of detached dwellinghouse and associated works at 30 Woodend Place Aberdeen, 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.

(02)  GRANITE / SLATE USE

No development shall take place pursuant to this permission unless there has been submitted to and approved in writing by the Planning Authority a detailed scheme for the re-use of granite downtakings on site and details of the finish, appearance and coursing / size of proposed granite facing blocks and slate to be used as external materials. The development hereby approved shall not be occupied unless such scheme as may be approved has been implemented in its entirety.

Reason: In the interest of visual amenity and to ensure granite re-use within the development.

(03)  PLOT / BOUNDARY TREATMENT

No development shall take place pursuant to this permission unless there has been submitted to and approved in writing by the Planning Authority a detailed scheme for the alteration of the existing boundary walls, and proposed fencing / walls. The development hereby approved shall not be occupied unless such scheme as may be approved has been implemented in its entirety.

Reason: In the interest of visual and residential amenity / privacy.

(04)  TREE/ HEDGE / SOIL PROTECTION

No development shall take place unless the tree protection measures specified in drawing no. WPA3-2305-TP of the approved arboricultural assessment have been implemented on site and are retained on the site for the duration of construction works. No materials, supplies, plant, machinery, spoil, changes in ground levels or construction activities / soil compaction shall be permitted within the tree protection area 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.

Reason: In order to ensure adequate protection for trees / hedges / soil on site during the construction of the development.

(05)  DRAINAGE

No development shall take place pursuant to this permission unless there has been submitted to and approved in writing by the Planning Authority a scheme for sustainable surface water drainage for the site, including the proposed driveaway. This shall include details of surface water SUDS measures and associated maintenance measures as required on site. The building hereby approved shall not be occupied unless the approved surface water drainage system has been implemented in full and is permanently retained thereafter in accordance with the approved maintenance scheme.  The building hereby approved shall not be occupied unless foul drainage is connected  ...  view the full minutes text for item 12.

Planning Reference – 230398

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Planning Officer:  Rebecca Kerr

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 two storey side extension and single storey rear extension at 40 Woodstock Road Aberdeen, 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.

(02)  MATERIALS AND DETAILS

No works in connection with the development hereby approved shall commence unless a detailed specification of new and reused granite (including coursing, tooling, finish and local source wherever possible) to be used in the external finish for the approved development have been submitted to and approved in writing by the Planning Authority. Thereafter, the works shall be carried out in complete accordance with the approved specification.

Reason: To ensure the proposed development is architecturally compatible with the existing dwelling and in the interests Policy D7 (Our Granite Heritage) and retaining granite on site.

The Committee heard from Rebecca Kerr, Planner, who spoke in furtherance of the application and answered questions from Members.

The Committee then heard from William Hutchison, who objected to the application.

The Committee then heard from Victoria Goldie, applicant, who spoke in support of the application.

The Committee resolved:-

to approve the application conditionally in line with the officer recommendation.

Planning Reference – 230437

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Planning Officer:  Alex Ferguson

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 timber glazed pavilion for an outdoor seating area retrospectively at 52 The Green 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)  TIME LIMITED CONSENT

The temporary building hereby granted planning permission shall not remain on the site after a 3- year period expiring on 30/06/2026.

Reason: The character and siting of the structure is not such as to warrant its retention on a permanent basis – in the interests of preserving visual amenity and the character and appearance of the conservation area.

(3)  OPENING HOURS & PROHIBITION OF AMPLIFIED MUSIC

The hereby approved temporary building shall only be used between the hours of 10am and 10pm on any given day and no amplified music or other such noise generated by speakers shall be played within the structure.

Reason: In order to preserve the amenity of the area in relation to noise emissions.

The Committee heard from Alex Ferguson, Senior Planner, who spoke in furtherance of the application and answered various questions from Members.

The Committee then heard from Steven Bothwell, applicant, who spoke in support of the application.

The Committee resolved:-

to approve the application conditionally with condition 3 amended to read:-

3)        OPENING HOURS & PROHIBITION OF AMPLIFIED MUSIC

the hereby approved temporary building shall only be used between the hours of 9am and 11pm on any given day and any amplified music or other such noise generated by speakers shall only be played within the structure between the hours of 9am and 10pm.

Reason: In order to preserve the amenity of the area in relation to noise emissions.

Planning Reference – 230299

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Planning Officer:  Lucy Greene

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 hydrogen production and vehicle re-fuelling facility, solar farm and underground solar grid connection (Aberdeen Hydrogen Hub) at Hareness Road and Ness Former Landfill Site, Coast Road Aberdeen, 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.

(02)  HARENESS ROAD

That no development shall take place at the Hareness Road / Hydrogen Hub site unless there has been submitted to and approved in writing by the Planning Authority, a detailed plan showing the site layout, including location of Sustainable Urban Drainage (SUDS) and access from the adopted road, in relation to the Hareness Road / Coast Road/Access to the South Harbour improvement works/ widening plan, if available. The proposal shall thereafter be implemented only in accordance with the plan, or subsequent plan as so agreed, unless otherwise agreed in writing with the Planning Authority.

For the avoidance of doubt, the Hareness Road/Coast Road improvement plan shall be as provided by the Council at the time of discharge of the condition.

Reason:  In the interests of ensuring safe access and location of SUDS in relation to the proposed road improvements.

(03)  COAST ROAD

That the solar farm shall not be brought into operation unless there has been installed on site the sub-stations, transformers, inverters, monitoring house and storage in accordance with a layout plan submitted to and agreed in writing with the Planning Authority. For the avoidance of doubt, any of the listed components may be removed from the development and not included in the layout plan if no longer required. The location of the equipment shall be shown in relation to the Coast Road / Access to the South Harbour/ replacement of railway bridge improvement plan, if available from the Council at the time of discharge of the condition.

Reason: To help ensure efficient implementation of the development and road/bridge improvement project.

(04)  Construction Environmental Management Plan (CEMP)

That no development shall take place on either site unless there has been submitted to and approved in writing by the Planning Authority a CEMP for that site. The CEMP shall include the regular checking during the bird nesting season (March to August) of the solar site for nesting birds by a qualified ecologist and measures to be implemented where nesting is found. Thereafter the developments shall be carried out in complete accordance with the relevant plan unless otherwise agreed in writing with the Planning Authority.

Reason: In the interests of protecting the environment and wildlife.

(05)  BADGER SURVEY

That no development shall take  ...  view the full minutes text for item 15.

At this Juncture, the Convener proposed to suspend Standing Order 40.2 (Length of Meetings) to enable the meeting to continue beyond six hours.

The Committee agreed unanimously to suspend Standing Order 40.2.

Planning Reference – 230407

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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 change of use from amenity land to temporary outdoor seating area for a public house including erection of marquee with bar, adjacent storage container, and associated al fresco areas at land opposite 10 Queens’s Terrace Aberdeen, be refused for the following reasons:-

The proposal involved a significant proportion of the Urban Green Space of Queen’s Terrace Gardens being utilised for private commercial purposes, consequently inhibiting public access tothis public open space. No replacement green space provision was proposed. The proposeddevelopment was therefore contrary to Policies 14 (Design, Quality and Place) and 20 (Blue and GreenInfrastructure) of National Planning Framework 4 and Policy NE2 (Green and Blue Infrastructure) of the Aberdeen Local Development Plan 2023.

In terms of the statutory duty to pay special regard to the desirability of preserving and enhancing the character and appearance of the conservation area, by way of their design, scale and siting in their context, it was considered that the proposed structures would adversely affect the setting of the adjacent listed buildings and the character and appearance of the Albyn Place and Rubislaw Conservation Area. The proposal would therefore conflict with Policies 7 (Historic Assets and Places) and 14 (Design, Quality and Place) of National Planning Framework 4 and Policies D1 (Quality Placemaking) and D6 (Historic Environment) of the Aberdeen Local Development Plan 2023.

Based on the information that had been submitted, the proposal would not conserve, restore or enhance biodiversity and no evidence had been submitted to demonstrate that the proposal would protect the nearby trees from damage. The proposal therefore resulted in a tension with Policies 1 (Tackling the Climate and Nature Crises), which required significant weight to be given to the nature crisis, and Policy 3 (Biodiversity) of National Planning Framework 4 and Policy NE5 (Trees and Woodlands) of the Aberdeen Local Development Plan 2023.

Notwithstanding that every planning application was considered on its own merits, given the presence of other Class 3 uses in the area within close proximity of the gardens, there was the potential for this development to make it difficult to resist similar proposals nearby in the area, which could result in the greater loss of open space, to the detriment of public amenity.

Thus, whilst it was recognised that this development would increase economic activity locally, had the potential to increase footfall in the area and support local job creation, significant public harm would result from the combined loss of this valued area of open space as a public amenity, its impact on the historic environment and through the biodiversity matters not being sufficiently addressed. As such, the development would conflict with overall aims of the Development Plan.

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

The Committee then heard from Anthony Dawson, Nicky Turnbull,  ...  view the full minutes text for item 16.