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 noted the following transparency statement:-

·         Councillor Boulton advised that in relation to item 6.3 (former Banks of Dee Nursing home), that her brother worked as a physiotherapist for Banks of Dee, however did not consider the connection required a declaration of interest, and indicated that she would remain in the meeting for consideration of the item.

The Committee had before it the minute of the previous meeting of 21 September 2023.

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.

Planning Reference – 230704

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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 replacement of Aberdeen Market (including redevelopment of 91-93 Union Street) with mixed use development including retail (class 1A), food and drink (class 3), leisure (class 11), and landscaping / public open space including proposed pedestrian link from Union Street to The Green, and associated works, at the site of the former Aberdeen Market and 91-93 Union Street, 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.

PRE-COMMENCEMENT OF OVERALL DEVELOPMENT

(02)  GEO-ENVIRONMENTAL INVESTIGATION

No development shall take place unless a scheme to deal with any contamination that may exist within the site has been submitted to and approved in writing by the planning authority. The scheme shall follow the procedures outlined in Planning Advice Note 33 (Development of Contaminated Land) and shall be conducted by a suitably qualified person in accordance with best practice as detailed in BS10175 (Investigation of Potentially Contaminated Sites - Code of Practice) and other best practice guidance and include (i) an investigation to determine the nature and extent of contamination; (ii) a site-specific risk assessment; and (iii) a remediation plan to address any significant risks and ensure the site is fit for the use proposed.  Thereafter, the development shall not be brought into use unless (i) any long term monitoring and reporting that may be required by the approved scheme of contamination or remediation plan or that otherwise has been required in writing by the planning authority is being undertaken and (ii) a report has been submitted to and approved in writing by the planning authority that verifies that remedial works to fully address contamination issues related to the site have been carried out, unless the planning authority has given written consent for a variation.

Reason – to ensure that the site is fit for its proposed use and to avoid any unacceptable risks to human health and the environment.

(03)  ARCHAEOLOGY

No development shall take place unless there has been submitted to and approved in writing by the planning authority an archaeological written scheme of investigation (WSI) 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  ...  view the full minutes text for item 4.

Planning Reference – 230972

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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 change of use from betting shop to adult gaming centre (sui generis) at 178 George Street 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)  OPENING HOURS

The hereby approved use shall only operate between the hours of 7am and 12am (midnight) on any given day.

Reason: In order to preserve the amenity of neighbouring residential properties during more sensitive early morning hours.

(3)  IMPLEMENTATION OF NOISE MITIGATION MEASURES

The hereby approved use shall not operate unless the noise mitigation measures recommended in the approved Noise Impact Assessment have been implemented. The mitigations measures shall include:

1.    The separating floor between the premises and the property above shall (as a minimum) meet the specification and associated sound reduction criteria detailed in Appendix D;

2.    During fitout, mechanical and electrical (M&E) structures affixed to the underside of the floor shall be checked to ensure they are secure and not likely to come loose causing holes and any new M&E penetrations shall be fully sealed up with mortar so flanking paths do not occur ;

3.    Perimeter seals shall be installed around the frame of the external door and at the bottom to prevent unnecessary sound transmission to the outside. The door shall also incorporate an automatic closer system; and

4.    The provisions in the Operational Management Plan (Appendix E) shall be adhered to throughout the lifetime of the development.

Reason: In order to preserve the amenity of neighbouring residential properties 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 Henry Hodgson, agent for the application, who spoke in support of the application and answered questions from Members.

The Convener moved, seconded by Councillor Macdonald:-

That the application be approved, with an amendment to condition 2 to read:-

The hereby approved use shall only operate between the hours of 7am and 10pm on any given day.

Reason: In order to preserve the amenity of neighbouring residential properties during the more sensitive late evening and early morning hours.

Councillor Boulton moved an amendment, seconded by Councillor Greig:-

That the application be refused due to conflict with Policies H2, WB3 Aberdeen Local Development Plan 2023, Policy 23 of NPF4 and the Aberdeen Interim Planning Guidance Harmony of Uses due to adverse impact on residents by virtue of  the close proximity to residents of the premises caused by the coming and goings of patrons  ...  view the full minutes text for item 5.

Planning Reference – 230685

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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 change of use of from class 8 (residential institutions) to form 24no. affordable flats, including formation/replacement of doors and windows; installation of cladding, and alterations to the car park and garden ground with associated works, at the former Banks O' Dee Nursing Home, Abbotswell Road, Aberdeen, be approved conditionally with a legal agreement.

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)  SCHEME FOR SAFE MEANS OF PEDESTRIAN ACCESS

The development hereby approved shall not be occupied unless a scheme for the safe means of pedestrian and wheelchair access to and from the site from Abbotswell Road has been submitted to and agreed in writing by the Planning Authority and thereafter the approved scheme has been implemented in accordance with the agreed details, prior to the occupation of the development.

Reason: In order to ensure that the development can be accessed safely by walking and wheeling.

(3)  NOISE MITIGATION

The development hereby approved shall not be occupied unless the critical noise mitigation measures set out in the ‘Mitigation’ section on Pages 17-20 of the approved Noise Impact Assessment (Couper Acoustics - Ref: 1029212314 – V1, Date: 8 June 2022) have been implemented in full.

Reason: In order to protect the residents of the development from external sources of noise and to protect the operations and viability of neighbouring commercial uses.

(4)  EXTERNAL FINISHING MATERIALS

No development shall take place unless a scheme detailing all external finishing materials to the roof and walls of the development hereby approved has been submitted to, and approved in writing by, the planning authority and thereafter the development shall be carried out in accordance with the details so agreed.

Reason: In the interests of visual amenity.

(5)  SOFT LANDSCAPING AND TREE PLANTING

No works in connection with the development hereby approved shall take place unless a scheme of soft landscaping works has been submitted to and approved in writing by the Planning Authority.

Details of the scheme shall include:

(i)            Existing landscape features and vegetation to be retained;

(ii)          The location of new trees, shrubs, hedges, grassed areas;

(iii)         A schedule of planting to comprise species, plant sizes and proposed numbers and density;

(iv)         An indication of existing trees, shrubs and hedges to be removed;

(v)          A programme for the completion and subsequent maintenance of the proposed landscaping.

All soft landscaping proposals shall be carried out in accordance with the approved scheme and shall be completed no later than the planting season immediately following the commencement of the development or such other date as may  ...  view the full minutes text for item 6.

Planning Reference – 230772

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Planning Officer:  Gavin Clark

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 class 4 (business) to class 1A (shops and financial professional and other services) and class 3 (food and drink) with covered outdoor seating area including demolition of existing lean to extension and erection of single storey extension; alterations to a shop front; re-cladding; installation of doors, rooflights and roof repairs with associated car parking and other associated works, at the former Cults Station, Station 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)  NOISE IMPACT ASSESSMENT COMPLIANCE

That the use hereby approved shall not take place unless all mitigation measures recommended in the approved Noise & Odour Impact Assessment (Reference: TTG 151120B) have been implemented in full. These must include:

a)            the noise insulation measures detailed within section 3.6 and the related Appendix C – ‘Wall and Roof Construction Detail’;

b)            the noise and odour control measures detailed within section 6.2 and the related Appendix A (A4 to A5) – ‘Kitchen Extraction System Details’;

c)            The proposed operating hours including the external area shall terminate at 2000 hours;

d)            strict adherence to the managerial controls detailed within section 4.14 and 6.3 and appendix K “Maintenance and Cleaning”.

Thereafter the mitigation measures, or similar as may be agreed in writing with the Planning Authority, shall remain in place for the duration of the use.

Reason: In order to preserve the amenity of neighbouring properties from noise and odour emissions from the proposed use.

(03)  HOURS OF OPERATION

That the use hereby approved shall not operate out with the following hours:

Café (Class 3) and Outdoor Seating Area: Monday to Thursday 08:00 – 19:00 and Friday to Sunday 08:00 – 20:00 and Bicycle Shop (Class 1A Financial, professional and other services): Monday to Sunday 09:00 to 17:00.

Reason: In order to preserve the amenity of neighbouring properties.

(04)  LITTER MANAGEMENT

That the use hereby approved shall not take place unless a litter and waste management plan for the site has been submitted to and agreed in writing by the Planning Authority, including detail on the provision of external litter bins for customer waste during hours of operation. Thereafter, the approved litter / waste management plan to be fully implemented in accordance with the agreed details and remain in place for the duration of the use.

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.

(05)  PARKING, CYCLE  ...  view the full minutes text for item 7.

Planning Reference – 230922

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Planning Officer:  Gavin Clark

The Committee 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 retention of a takeaway food kiosk and outdoor seating area with decking including change of use (temporary for 12 months), at the former Cults Railway Station, be approved subject to the following conditions:-

Conditions

(01)  TEMPORARY PERMISSION

That planning permission is hereby granted for a temporary period only and shall cease to have effect on 1st November 2024 (the 'cessation date'). Prior to the cessation date, 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 reinstated in accordance with the agreed restoration scheme submitted to and approved in writing by the Planning Service under the terms of Condition 2 of this permission.

Reason: To enable the impact of the temporary development on the amenity of the surrounding area to be reviewed and to ensure the appropriate restoration of the site.

(02)  SITE CLEARANCE

That at least two months prior to the cessation date of 1st November 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.

(03)  COOKING ACTIVITIES – RESTRICTION

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.

(04)  LITTER MANAGEMENT PLAN – COMPLIANCE

That the proposals hereby granted planning permission shall be undertaken in accordance with the details outlined in the Litter Management Plan (Section 5.8 of the approved Supporting Statement Ref: 230922-01 dated 28th July 2023).

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.

(05)  HOURS OF OPERATION

That the use hereby approved shall not operate outwith the hours of 08:00 to 19:00 Monday – Thursday, 08:00 to 20:00 Friday to Sunday (April to September) and 08:00 to 17:00 Monday – Saturday and 09:00 to 17:00 on a Sunday (October to March).

Reason: In order to preserve the amenity of neighbouring properties.

The Committee heard from Karin Robertson, who objected to the application.

The Committee then heard from Richard Dingwall, agent for the application, who spoke in support of the application. 

At this juncture and in line  ...  view the full minutes text for item 8.

Planning Reference – 230550

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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 Detailed Planning Permission for the change of use from amenity land to class 4 (business) including installation of fence and roller shutter doors associated with 16 Broomhill Road (part retrospective), at the rear Of 12 - 14 Broomhill 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)  HOURS OF OPERATION

That the use hereby approved shall not operate outwith the hours of 8:00am and 5:00pm Monday – Friday.

Reason - to ensure no loss of amenity for surrounding properties and to align with the office hours of the business.

(03)  EXTERNAL LIGHTING

That the use hereby approved shall not operate unless a lighting plan, with details, specifications and illumination levels, of all lighting to be installed within the site has been submitted to and approved in writing by the planning authority. Thereafter, the lighting shall be installed in accordance with that plan and not be altered, other than being removed, without agreement from the planning authority.

Rason - in order to ensure lighting does not impact on the general amenity of the surrounding residential area.

(04)  EXTERNAL LIGHTING TIMES

That the lighting contained within the lighting plan, to be agreed under condition 2, shall not operate outwith the hours of 8:00am and 5:00pm Monday – Friday.

Reason - to ensure that light pollution from the development does not result in undue loss of amenity for surrounding properties.

(05)  BIODIVERSITY

That the use hereby approved shall not operate unless the biodiversity enhancements as noted on plan reference 23021_004_pl, shall be implemented on site. Thereafter, these measures shall be retained in perpetuity.

Reason - in order to protect and enhance biodiversity, deliver positive effects from the development and strengthen nature networks.

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

The Committee then heard from Sue Allan, who objected to the application and asked that the application be refused.

The Committee resolved:-

to approve the application conditionally.

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 – 230246

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Planning Officer:  Laura Robertson

 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 office to student accommodation (sui generis) including refurbishment and replacement of windows, alterations of vents and associated works, at 259 Union Street Aberdeen, be approved conditionally subject to a legal agreement.

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)  Management Plan

That no part of the development hereby approved shall be occupied unless a management plan has been submitted and approved in writing by the planning authority and shall be fully implemented thereafter.

Reason: In the interests of ensuring the provision of adequate amenity for all residents.

(03)  Noise Mitigation Measures

That the development hereby approved shall not be occupied unless the noise mitigation measures have been installed in accordance with the conclusions and recommendations set out in the approved Noise Impact Assessment (The Airshed, AS 0820 06, dated 22 May 2023) and evidence of this installation has been provided to, and agreed in writing by, the Planning Authority. For avoidance of doubt this should include the following:

(a)          provision of MVHR to the units on the Union Street elevation as a minimum and application of mitigation achieving the required sound reduction detailed within the section ‘Proposed Mitigation for Road traffic Noise’ and table 5 of the report namely; windows 44dB Rwi and NO trickle ventilation.  Or in the absence of MVHR system, the application of mitigation achieving the required sound reduction detailed within the section ‘Proposed Mitigation for Road traffic Noise’ and table 5 of the report namely; Trickle vents 45dB Dn,e. (in the open position) and windows 47dB Rwi.  NB- where alternative mechanical ventilation is to be installed the noise level emissions from such equipment should comply with NR25 Night-time and NR 30 daytime within the proposed units.

(b)          Application of mitigation detailed within the section ‘Proposed Mitigation Measures for Fixed Plant’, table 6.2 and Appendix 6 of the report, namely, the scheme of window and ventilation measures to the various rooms on the rear elevation aligning with corresponding acoustic performance specified;

(c)          Application of mitigation detailed within the section ‘Proposed Mitigation Measures for Airborne Sound (music)’ and Appendix 1 of the report, namely, upgraded floor between the restaurant and the apartments to increase the mass of the floor to >180kg/m3 using the combination of materials and techniques specified therein.

Reason: to protect residents from unacceptable levels of noise.

(04)  Bin Store

That the development hereby approved student accommodation shall not be occupied unless the bin store shown on approved drawings 4078_108b (Proposed Bin Store Details), or similar as  ...  view the full minutes text for item 10.

Planning Reference – 230351

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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 Listed Building Consent for lowering of sills and installation of windows, at Persley Castle Care Home, Mugiemoss Road Aberdeen, be approved unconditionally.

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 unconditionally.

Planning Reference – 231064

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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 change of use of flat to Short Term Let accommodation (sui generis) with maximum occupancy of 4 people, at Flat H, 287 King Street 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.

(2) TIME LIMIT FOR SHORT-TERM LET USE

The hereby approved use of the property as Short-Term Let accommodation shall expire 5 years following the date of the grant of permission as stated on this notice, unless a further planning permission has been granted for continued use of the property as Short-Term Let accommodation in the meantime. Should no further planning permission be granted then the property shall revert to mainstream residential use as a flat after the aforementioned 5-year period.

Reason: In order to allow the local housing need and demand situation and the local economic benefits derived from the use of the property as a Short Term Let to be reassessed in 5 years’ time, to ensure that the loss of the property as residential accommodation would remain compliant with Policy 30 of NPF4.

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 – 230251

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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 erection of 2 storey detached dwelling house with garage and associated works, at 360 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)  SAMPLE OF MATERIALS

No development shall commence until 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. For the avoidance of doubt, a sample panel of no less than 1.8m2 with external finishing materials showing their proportionate relationship shall be erected on the application site.

Reason: In the interests of visual amenity.

(03)  BOUNDARY TREATMENT

Prior to the commencement of development, a detailed scheme of site and plot boundary enclosures shall be 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 visual amenity and to ensure sufficient privacy can be retained between the dwellings at 360 North Deeside Road and that hereby approved.

(04)  NOISE SCREENING ASSESSMENT

Before the dwelling hereby approved is occupied, an assessment of the noise levels caused by road traffic using the A93 and Kirk Brae likely within the building shall be submitted to and approved in writing by the Planning Authority. The assessment shall be prepared by a suitably qualified independent noise consultant and shall recommend any measures necessary to ensure a satisfactory noise attenuation for the building. The property shall not be occupied unless the said measures have been implemented in full.

Reason: In the interest of residential amenity.

(05)  LOW AND ZERO CARBON BUILDING

No development associated with the residential dwelling hereby approved shall take place unless a scheme detailing compliance with the Aberdeen Planning Guidance: Resources for New Development has been submitted to and approved in writing by the Planning Authority. Thereafter the dwelling hereby approved shall not be occupied unless any recommended measures specified within that scheme for that unit for the reduction of carbon emissions have been implemented in full.

Reason: To ensure that the development complies with requirements for reductions in carbon emissions specified in the City Council's relevant published Aberdeen Planning Guidance: Resources for New Development.

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

The Convener moved, seconded by Councillor Greig:-

That the application  ...  view the full minutes text for item 13.

The Committee had before it a report by the Interim Chief Officer – Governance (Assurance), which presented the annual report of the Planning Development Management Committee to enable Members to provide comment on the data contained within.

The report recommended:-

that the Committee –

(a)         provide comments and observations on the data contained within the annual report; and

(b)         note the annual report of the Planning Development Management Committee.

The Committee resolved:-

to note the report.

-       Councillor Ciaran McRae, Convener