Agenda, decisions and draft 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 19 September, 2024, for approval.

The Committee resolved:-

to approve the minute as a correct record.

The Committee had before it the minute of the Pre Determination Hearing of 29 August, 2024, 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 committee business planner.

The Committee had before it a report by the Chief Officer – Strategic Place Planning, which provided an update in relation to various planning appeals.

The report informed Members about planning appeals and notifications in relation to Aberdeen City Council decisions that the Scottish Government’s Division for Planning and Environmental Appeals (DPEA) had received or decided since the last Planning Development Management Committee meeting and also listed appeals that were still pending.

The Committee resolved:-

to note the information contained in the planning appeal digest.

The Committee had before it a report by the Interim Chief Officer – Governance, 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 approve the recommendations.

Planning Reference – 231371

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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 there be a willingness to approve the application conditionally, subject to referral to the Scottish Ministers due to SEPA objection, for Planning Permission in Principle for proposed business /industrial development (Class 4/5/6); road infrastructure; active travel connections; landscaping and environmental works including drainage and other infrastructure, at land at Coast Road, St Fittick's Park/Gregness Headland/ Doonies Farm Aberdeen.

Conditions

(1)  LENGTH OF PERMISSION

That applications for the approval of all matters specified in conditions of the Planning Permission in Principle hereby approved must be made before whichever is the latest of the following dates:

a)    The expiration of ten years beginning with the date of this planning permission in principle;

b)    The expiration of six months from the date on which an earlier application (Matters Specified in Condition) for the requisite approval was refused or dismissed following an appeal or review.

In relation to any matter under part (b) above, only one application for approval of matters specified in conditions may be made after the expiration of the planning permission in principle.

The development of a subsequent phase hereby granted shall be begun before the expiration of two years from the final approval of the matters specified in conditions or, in the case of approval on different dates, the final approval of the last such matters to be approved.

Reason: to ensure compliance with section 59 (planning permission in principle) of the Town and Country Planning (Scotland) Act 1997 (as amended).

ST FITTICK'S / Zone A (as defined on Illustrative Masterplan Visualisation 2366907

(2)  USE AND FUNCTIONAL ASSOCIATION WITH HARBOUR

That the development sites and buildings in St Fittick’s/Zone A shall not be used other than for uses that support renewable energy transition related industries in association with Aberdeen South Harbour and that have a functional association with the Aberdeen South Harbour, which precludes them from being located elsewhere such as the size of the infrastructure preventing transport from other locations or requiring ‘roll on / roll off’ level access to the South Harbour. Details of such a functional association and preclusion shall be set out in a statement as part of any application for Matters Specified in Conditions (MSC) for approval by the planning authority. 

Reason: in accordance with the Opportunity Site description for OP56 and Policy B5 in the Aberdeen Local Development Plan 2023 (or subsequent plan) as land adjacent to the Aberdeen South Harbour is a finite resource justifying restricting its uses with the functional locational requirement. The quayside location for such development is the justification for development within the floodplain.

(3)  PROVISION OF COAST ROAD UPGRADE

That no development  within St Fittick's/Zone A shall be occupied unless the Coast Road upgrade works (known as Aberdeen South Harbour Link Road: External Links to Aberdeen South Harbour | Aberdeen City Council (as per application 240620/DPP or a subsequently approved related planning permission) are substantially  ...  view the full minutes text for item 6.

Planning Reference – 231336

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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 erection of  battery storage units with associated infrastructure, control building, switch room, inverter containers, lighting, fencing and associated works including access road, at land at Rigifa Farm, Cove 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)  LANDSCAPING

All soft landscaping proposals shall be carried out in accordance with the approved scheme of landscaping (Neo Environmental drawing: NEO01249_026_B) or such other drawing approved for the purpose) and shall be completed during the 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 five years from the completion of the development, in the opinion of the planning authority is dying, is 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 satisfactorily integrate the development into the surrounding area and enhance biodiversity.

(03)  NOISE – EQUIPMENT

No development shall take place unless evidence has been submitted to and approved in writing by the planning authority that the warranted sound power levels of the chosen equipment meets the assumptions considered in the Noise Impact Assessment: 231336-04 Rev D produced by Neo Environmental. Where the proposed items are found to vary in sound power level from the assumptions, confirmation is required that the operational noise levels will meet the relevant criteria (noise limits) through an updated noise impact assessment to be submitted to and approved in writing by the planning authority.

Reason – to protect surrounding residential properties from any unreasonable noise generated by the development.

(04) PROVISION OF NOISE BARRIER

The development hereby approved shall not be brought into use unless the noise barrier recommended in Noise Impact Assessment 231336-04 Rev D produced by Neo Environmental has been installed in accordance with paragraph 3.70 and Figure 3.2 of the assessment along with the detailed design shown on Drawing No: J7/01166 and PLN00XX REV 1 (or other such details approved for the purpose). Thereafter, the barrier shall remain in place for the duration of the life of the development and shall be maintained to ensure that it continues to perform to the minimum specifications of the assessment.

Reason – to protect surrounding residential properties from any unreasonable noise generated by the development.

(05) CESSATION OF OPERATION

The operator of the battery energy storage system shall notify the planning authority in writing if the site does not function for a continuous  ...  view the full minutes text for item 7.

Planning Reference – 240839

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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 approval of matters specified in conditions 1 (phasing), 2 (detailed design), 3 (landscaping information), 4 (trees), 5 (drainage), 6 (historic drainage), 7 (SUDS), 8 (de-culverting/realignment), 9 (flood risk assessment), 10 (environmental enhancements), 11 (CEMP), 12 (street design), 13 (pedestrian crossing), 14 (traffic regulation orders), 15 (bus stops), 16 (safe routes), 17 (residential travel pack), 18 (noise assessment/mitigation measures), 19 (dust risk assessment), 20 (commercial floorspace), 21 and 22 (contaminated land) and 23 (carbon reduction/water efficiency) in relation to Planning Permission in Principle (Ref: 191904/PPP) for the erection of 67 homes, supporting infrastructure and open space, at Claymore Drive Bridge of Don Aberdeen, be approved unconditionally.

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

The Committee resolved:-

to approve the application unconditionally. 

Planning Reference – 240368

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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 replacement 2 storey dwelling house with verandah and detached double garage with all associated works - Janefield, 43 Hillview Road Cults 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

That no development shall take place unless the specification, details and colour of the proposed render material to be used in the external finish of the approved development, has been submitted to and approved in writing by the Planning Authority. Thereafter the approved external finishes must be applied in accordance with the approved details.

Reason - In the interests of the appearance of the development and the visual amenity of the area.

(03) GRANITE REUSE

That no development shall take place unless details of, and a methodology statement for the reuse of the granite (resulting from the downtaking of the existing dwelling and detached garage) in the construction and finishing of the hereby approved proposed new dwelling and detached garage, and in landscaping of the new development, have been submitted to and approved in writing by the Planning Authority. Thereafter prior to the development hereby approved being brought into use, the details as approved shall be implemented in full.

Reason: In the interests of retaining existing granite stone on the site and ensuring compliance with Policy D5 (Our Granite Heritage) of the Aberdeen Local Development Plan 2023.

(04) TREE PROTECTION AND SOIL INVESTIGATION

No development shall take place unless a scheme for the protection of all trees to be retained on the site during construction works, including details of tree protection fencing that complies with British Standard 5837: 2012 ‘Trees in Relation to Design, Demolition and Construction’ has been submitted to, and approved in writing by, the Planning Authority. Once approved, the scheme shall be implemented in full and retained for the duration of the works hereby approved.

No development of the hereby approved proposed double garage shall take place until a soil investigation methodology has been submitted to and agreed in writing by the Planning Authority, detailing how the soil investigations would be undertaken and in what locations, to detail what extent the existing eastern boundary wall has impacted upon root growth into the proposed development site.

No materials, supplies, plant, machinery, spoil, changes in ground levels or construction activities shall be permitted within the protected areas specified in the aforementioned scheme of tree protection without the written consent of the Planning Authority and no fire shall be lit in a position where the flames could extend  ...  view the full minutes text for item 9.

Planning Reference – 240961

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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 2no. battery storage containers, associated ring main unit and transformer housings, 3m high acoustic fence and associated works - First Bus, 395 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.

(02)  ACOUSTIC ATTENUATION

The equipment hereby approved shall not be used unless the following noise attenuation measures, as specified in the approved noise assessment (ref. NIA/10512/22/10893/v2/395 King Street, Aberdeen – dated 05/09/24) have been implemented in full, or alternative measures have been approved in writing by the Planning Authority and implemented in full

·       The battery storage units and associated transformers are located as detailed in the GA Site Plan (Drawing No: 1300 - 201A), with the noise level of each unit not exceeding 83 dB LwA.

·       An acoustic barrier is installed in accordance with, and to the specification shown in, the Detailed Plan (Drawing No: 1300 - 202C).

·       GRP Housing is installed around the transformers as shown in the Detailed Plan (Drawing No: 1300 - 202C).

Reason – In order to protect the amenity of nearby residential premises due to noise emission from the proposed plant.

(03)  LANDSCAPE / BIODIVERSITY ENHANCEMENT

The approved equipment shall not be used, nor shall the fence be installed unless:

·       the approved landscape plan and planting (Drawing no. 1300 – 202 C) has been installed on site or,

·       alternative landscape measures have been approved in writing by the Planning Authority and implemented in full,

and the planting is subsequently retained.

Reason: In order to address the visual impact of the proposed fence when viewed from Mounthooly Way and secure biodiversity enhancement on site

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

The Committee resolved:-

to approve the application conditionally. 

Planning Reference – 240769

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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 hydrogen refuelling station plant equipment with enclosure and acoustic barrier fence, at First Aberdeen Ltd, 395 King 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.

(02) ACOUSTIC ATTENUATION

The Hydrogen Refuelling Station (HRS) hereby approved shall not be used unless the following noise mitigation measures, as identified in the approved Noise Impact Assessment (NIA) dated 28/08/24, as undertaken by RMP Acousics (ref. L-10000-CM2-RGM), have been implemented:

·       The HRS is located as detailed on Proposed Site Plan (Drawing No. 3186-OBE-ZZ-00-D-A[1]010103 P04), with sound levels not exceeding those detailed in Table 2 of the NIA report.

·       A 3 metre high ‘Noistop’ noise-absorbing fence (lined with Sealed Air Whisper absorptive material), or suitable equivalent alternative fence of specification to be agreed in writing by the Planning Authority, is installed adjacent to the south elevation of the Hydrogen Refuelling Station (HRS) as detailed in ‘Proposed Site Section’ plan (Drawing No. 3186-OBE-ZZ-ZZ-D-A-010301 P05), ‘Proposed South Elevation’ plan (Drawing No. 3186-OBE-ZZ-ZZ-D-A-010201-P01) and Figure 3 of the NIA report. The acoustic barrier must prevent line-of-sight between noise generating element (fan or louvres) and noise sensitive receptors.

Reason – in order to protect the amenity of nearby residential premises due to noise emission from the proposed plant.

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

The Committee then heard from Bill Ireland, agent for the proposed application, who spoke in support of the application.

The Committee resolved:-

to approve the application conditionally. 

Planning Reference – 240648

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Planning Officer:  Roy Brown

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

That the application for Detailed Planning Permission for the installation of two EV charging points, feeder pillar and cabinet and associated works (retrospective), at land adjacent to 593 And 595 King Street, Aberdeen, be approved unconditionally.

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 Martin Walker, agent for the proposed application, who spoke in support of the application.

The Committee resolved:-

to approve the application unconditionally.

Planning Reference – 240816

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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 to dwellinghouse (Class 9) including installation of fence to rear and associated landscaping front and rear at 54 Queen's 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)  BIODIVERSITY AND LANDSCAPING ENHANCEMENTS

That no development shall take place unless a scheme of soft and hard landscaping proposals and biodiversity enhancement measures 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)          The location, design and materials of all hard landscaping works.

(v)           All proposed biodiversity enhancement measures.

All soft and hard landscaping proposals and biodiversity enhancement measures shall be carried out in accordance with the approved scheme and shall be completed prior to the occupation of dwellinghouse. 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 the same size and species to those originally required to be planted, or of a similar size and species to be agreed in writing by the planning authority.

Reason - To ensure the implementation of a satisfactory scheme of landscaping and biodiversity enhancements which will help to integrate the proposed development into the local landscape, in the interests of the character and appearance of the conservation area and tackling the climate and nature crises.

(03)  LAYOUT OF CURTILAGE

That the dwellinghouse hereby approved shall not be occupied unless the front and rear garden ground layout and boundary treatment within the curtilage as shown on Drawing SP02 REV C has been implemented in full in accordance with the approved plan and the scheme of soft and hard landscaping proposals and biodiversity enhancement measures referred to in Condition 1.

Reason: In the interests of the historic environment, the character and visual amenity of the surrounding area, to ensure a satisfactory residential environment is created for the occupants of the dwelling and to ensure there would not be an excessive provision of car parking.

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 – 240982

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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 formation of a driveway and access gate to front, at 3 Craigielea Mews, Aberdeen, be approved subject to the following condition:-

Condition

(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.

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

The Committee resolved:-

to approve the application conditionally.

Planning Reference – 240888

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Planning Officer:  Jack Ibbotson

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 single storey extension to the rear at  47 Thorngrove Avenue Aberdeen, be approved subject to the following condition:-

Condition

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.

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

The Committee then heard from Mike Packer, who objected to the proposed planning application.

The Committee then heard from Blair Macintyre, agent for the application, who spoke in support of the proposed application.

The Committee resolved:-

to approve the application conditionally.

-       Councillor Ciaran McRae, Convener