Agenda, decisions and minutes

The agenda and reports associated with this minute can be found at:-

http://committees.aberdeencity.gov.uk/ieListDocuments.aspx?CId=348&MId=3894&Ver=4

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 that item 2.4 on the agenda (Former Public Toilets – change of use) would be considered before item 2.3 (Former Public Toilets – Demolition of side and rear walls).

The Committee resolved:-

to note the agenda change.

The Committee had before it the minute of its previous meeting of 27 October 2016 for approval.

Councillor Nicoll requested that the following conditions attached to the approval be included with the minute for item 16, Foresterhill Court Aberdeen – 151842.

Conditions

1.            Hard landscaping

No development shall commence until details of the hard landscaping, including details of the pathways, have been submitted to and approved in writing by the local planning authority.  All hard landscaping works which form part of the approved scheme shall be completed prior to the first occupation of any part of the development.

Reason:  To enhance the appearance of the development and to comply with policy D1 of the Aberdeen Local Development Plan 2012

2.            Soft landscaping

No development shall commence until details of the soft landscaping (including details of any trees or hedges to be retained and measures for their protection during in the course of the development, proposed plant numbers, species, location and size of trees and tree pits) and details of the management and maintenance of the landscaping shall be submitted to and approved in writing by the local planning authority.

Reason:  To enhance the appearance of the development in the interest of the visual amenities of the area and to comply with policies D1 and NE5 of the Aberdeen Local Development Plan 2012.

3.            Soft landscaping (implementation / maintenance)

All planting, seeding or turfing comprised in the approved scheme of landscaping shall be carried out in the first planting and seeding seasons following the first occupation of any part of the development occupation or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason:  To enhance the appearance of the development in the interest of the visual amenities of the area and to comply with policies D1 and NE5 of the Aberdeen Local Development Plan 2012

4.            Protection of existing trees/hedges

No development shall commence until fences for the protection of trees to be retained have been erected in accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority. The fences shall be retained until the completion of the development and no vehicles, plant or materials shall be driven or placed within the areas enclosed by such fences.

Reason:  To protect the trees which are to be retained on the site in the interest of the visual amenities of the area and to comply with policies D1 and NE5 of the Aberdeen Local Development Plan 2012

5.            Car parking and car club space

No development shall commence until details of the car parking and motor cycle parking arrangements, including the car club space, have been submitted to and approved in  ...  view the full minutes text for item 2.

The Committee had before it the minute of the meeting of the Planning Development Management Committee (Visits) of 4 November 2016 for approval.

The Committee resolved:-

to approve the minute as a correct record.

Planning Reference – 160845

The documents associated with this application can be found at:-

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Enter the Planning Reference number shown above into the search box at the bottom of the webpage and click ‘Search’.

Planning Officer – Robert Forbes

The Committee had before it a report by the Interim Head of Planning and Sustainable Development, which recommended:-

That there be a willingness to approve the application subject to conditions, but consent to be withheld until contributions towards Core paths, bus facilities on King Street and the provision of two City Car Club vehicles, including costs associated with necessary Traffic Regulation Orders, had been secured.

CONDITIONS

1.     No development shall take place, other than demolition, unless it is carried out in full accordance with a scheme to address any significant risks from contamination on the site that has been 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 shall include:-

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

2.   a site-specific risk assessment;

3.   a remediation plan to address any significant risks and ensure the site is fit for the use proposed;

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

No buildings on the development site shall be occupied 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 specifically relating to the buildings has been submitted and approved in writing by the planning authority that verifies that remedial works to fully address contamination issues related to the buildings have been carried out, unless the planning authority has given written consent for a variation.

The final building on the application site shall not be occupied unless a report has been submitted and approved in writing by the planning authority that verifies that the remedial works have been carried out in full accordance with the remediation plan, unless the planning authority has given written consent for a variation.

Reason: to ensure that the site is suitable for use and fit for human occupation

2.     The properties hereby approved shall not be occupied unless the following noise mitigation measures, or such alternative measures as may be agreed, have been implemented in full, having at least an equivalent effect to those measures contained within the associated noise impact assessment (Ref. 15482-R01-B – 23 May 2016) including the following:-

(1)       A minimum overall façade sound insulation R’w + Ctr (dB) of 28

AND a minimum trickle ventilator performance of Dn,e,w + Ctr (dB) of 33

(2)       Adherence to the stated operational noise level limits, namely:-

a) NR 48 at 3 m from the boiler room façade,

b) NR 50 at 3 m from the plant room façade,

c) NR 39 at 3 m from the electrical substation.

(3)       Provision of a GRP enclosure around the substation, along with minimising  ...  view the full minutes text for item 4.

DECLARATION OF INTEREST

The Convener indicated that for the following three items, he would be addressing the Planning Development Management Committee (in terms of Standing Order 32(1) as local member) on behalf of the Old Aberdeen Community Council and the Old Aberdeen Heritage Society in support of their objections.  He therefore withdrew from the meeting as a member of the Committee during consideration of the item and the Vice Convener took the chair.

Planning Reference – 161194

The documents associated with this application can be found at:-

https://publicaccess.aberdeencity.gov.uk/online-applications/search.do?action=simple&searchType=Application

Enter the Planning Reference number shown above into the search box at the bottom of the webpage and click ‘Search’.

Planning Officer – Sepideh Hajisoltani

The Committee had before it a report by the Interim Head of Planning and Sustainable Development, which recommended:-

That the application be approved subject to the following condition.

(1)       that the class 11 unit hereby approved shall not be open for business outwith the hours of 10:00 to 20:00 on any day – in the interest of residential amenity.

In accordance with Standing Order 32(1), Councillor Milne addressed the Committee as local member and made representations on behalf of the Old Aberdeen Community Council and the Old Aberdeen Heritage Society, who were opposed to the application.  In terms of Section 7.15 of the Councillors’ Code of Conduct, he then withdrew from the meeting and took no part in the deliberations.

The Committee then heard from Sepi Hajisoltani, Planner, who spoke in furtherance of the application and answered various questions from members.  The Committee also heard from Scott Lynch, Senior Engineer, who answered various questions in regards to road and parking issues.

Councillor Donnelly moved, seconded by Councillor Cooney:-

that the application be approved in accordance with the recommendation contained within the report.

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

that the application be refused due to concerns relating to undue pressure on the local amenity and parking and would have a detrimental impact on the character and setting of the Conservation area.

Councillor Hutchison, seconded by Councillor Greig, moved as a further amendment:-

that the application be approved with an amended condition that the business shall not be open for business outwith the hours of 10:00 to 19:00 on any day.

There being a motion and two amendments, the Committee first divided between the amendment by Councillor Boulton and the amendment by Councillor Hutchison.

For the amendment by Councillor Boulton  (4)  -  the Vice Convener, and Councillors Boulton, Greig and Jaffrey.

For the amendment by Councillor Hutchison  (4)  -  Councillors Corall, Hutchison, Nicoll and Jennifer Stewart.

Abstained from the vote  (7)  -  Councillor Cooney, Cormie, Donnelly, Lawrence, Malik, Jean Morrison and Sandy Stuart.

There being an equality of votes, the Vice Convener exercised his casting vote in favour of the refusal amendment and declared it carried.

The Committee then divided between the motion and the amendment by Councillor Boulton.

On a division there voted:- for the motion (10) – Councillors Cooney, Corall, Cormie, Donnelly, Lawrence, Malik, Jean Morrison, Nicoll, Jennifer Stewart and Sandy Stuart; for the amendment (5) – the Vice Convener and Councillors Boulton, Greig, Hutchison and Jaffrey.

The Committee resolved:-

to agree the motion, and approve the application conditionally.

Planning Reference – 160727

The documents associated with this application can be found at:-

https://publicaccess.aberdeencity.gov.uk/online-applications/search.do?action=simple&searchType=Application

Enter the Planning Reference number shown above into the search box at the bottom of the webpage and click ‘Search’.

Planning Officer – Alex Ferguson

The Committee had before it a report by the Interim Head of Planning and Sustainable Development, which recommended:-

That the application be approved subject to the following conditions.

1.     That no cooking or frying shall take place on the premises unless a suitable scheme capable of filtering, extracting and dispersing cooking fumes and a maintenance plan for the aforementioned scheme has been submitted to, and agreed in writing by the Council as planning authority. Thereafter the approved scheme shall be implemented and maintained in full accordance with the agreed details prior to the carrying out of any cooking or frying on the premises.

Reason: In the interests of preserving the amenity of neighbouring residential properties.

2.     That the use of the building for the purpose hereby approved shall not commence until such time as the bin storage area as shown in approved drawings WD.01 Rev C and WD.02 Rev C has been implemented in full accordance with the approved details, or with a similar scheme which has been submitted to, and agreed in writing by, the Council as planning authority.

Reason: In the interests of preserving the appearance and amenity of the area.

3.     That no works in connection with the hereby approved development shall take place unless the specific colour of render to be used on the side and rear walls of the building has been agreed in writing with the Council as planning authority.

Reason: In the interests of preserving the character and appearance of the conservation area.

4.     That prior to the occupation of the hereby approved building, a sample of the materials to be used to resurface the external yard area as shown in approved drawing WD.01 Rev C has been submitted to, and agreed in writing by, the Council as planning authority and that the resurfacing shall be implemented in full accordance with the approved details.

Reason: In the interests of preserving the character and appearance of the conservation area.  

5.     No works in connection with the development hereby approved shall commence unless an archaeological written scheme of investigation (WSI) has been submitted to and approved in writing by the planning authority 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 approved shall not be brought into use unless a post-excavation research design (PERD) for the analysis, publication and dissemination of results and archive deposition has been submitted to and approved in writing by the planning authority. The PERD shall be carried out in complete accordance with the approved details.

6.      

Reason: To safeguard and record the archaeological potential of the area.

ADVISORY  ...  view the full minutes text for item 6.

Planning Reference – 160728

The documents associated with this application can be found at:-

https://publicaccess.aberdeencity.gov.uk/online-applications/search.do?action=simple&searchType=Application

Enter the Planning Reference number shown above into the search box at the bottom of the webpage and click ‘Search’.

Planning Officer – Alex Ferguson

The Committee had before it a report by the Interim Head of Planning and Sustainable Development, which recommended:-

That the application be approved subject to the following condition:-

1)         That no demolition shall take place unless evidence that contracts have been let for the new development approved under planning application reference P160727 (or other as may subsequently be approved and agreed in writing by the Planning Authority) has been submitted to and agreed in writing by the planning authority.

Reason - in the interests of ensuring that the building is not demolished and left without implementing the approved development for a significant period of time, which would have a detrimental impact on the character and appearance of the Old Aberdeen Conservation Area.

The Committee resolved:-

to agree that following the refusal of corresponding planning application P160727 as above, there were no approved proposals for the redevelopment of the site following the proposed substantial demolition of the building. As such, in the absence of any approved redevelopment scheme, the proposals to demolish the side and rear walls would leave a gap site which would have a detrimental impact on the character and appearance of the conservation area. The proposals were therefore contrary to the provisions of Scottish Planning Policy, Historic Environment Scotland Policy Statement and Policy D5 (Built Heritage) of the Adopted Aberdeen Local Development Plan, as well as corresponding Policy D4 (Historic Environment) of the forthcoming Proposed Aberdeen Local Development Plan.

At this juncture, the Vice Convener vacated the Chair in favour of the Convener upon his return.

Planning Reference – 160830

The documents associated with this application can be found at:-

https://publicaccess.aberdeencity.gov.uk/online-applications/search.do?action=simple&searchType=Application

Enter the Planning Reference number shown above into the search box at the bottom of the webpage and click ‘Search’.

Planning Officer – Matthew Easton

The Committee had before it a report by the Interim Head of Planning and Sustainable Development, which recommended:-

That the application be approved subject to the following conditions.

1)   The hazardous substances shall not be kept or used other than in accordance with the particulars provided on the amended application form (e-mail received 15 September 2016), nor outside the areas marked for storage of the substances on the plan (it002) which formed part of the application.

Reason - To ensure that all parties recognise the scale and extent of the consent being granted.

ADVISORY NOTES FOR APPLICANT

HEALTH AND SAFETY AT WORK ETC. ACT 1974

In accordance with the provisions of section 28 of the Planning (Hazardous Substances) (Scotland) Act 1997, nothing in this hazardous substances consent hereby granted shall require or allow anything to be done in contravention of any of the relevant statutory provisions or any prohibition notice or improvement notice served under or by virtue of any of those provisions. To the extent that such a consent or notice purports to require or allow any such thing to be done, it shall be void.

"Relevant statutory provisions", "improvement notice" and "prohibition notice" have the same meanings as in Part I of the [1974 c. 37.] Health and Safety at Work etc. Act 1974.

The Committee resolved:-

to approve the application conditionally.

DECLARATION OF INTEREST

Councillor Cormie declared an interest in the following item as he had previously expressed his personal opinion on the application.  He withdrew from the meeting prior to consideration or debate of the application.

Planning Reference – 161098

The documents associated with this application can be found at:-

https://publicaccess.aberdeencity.gov.uk/online-applications/search.do?action=simple&searchType=Application

Enter the Planning Reference number shown above into the search box at the bottom of the webpage and click ‘Search’.

Planning Officer – Ross McMahon

The Committee had before it a report by the Interim Head of Planning and Sustainable Development, which recommended:-

That the application be refused.

Councillor Donnelly, moved as a procedural motion that a site visit take place prior to determining the application.

On a division, there voted:- for the procedural motion (5) – the Convener and the Vice Convener and Councillors Donnelly, Jaffrey and Malik; against the procedural motion (10) – Councillors Boulton, Cooney, Corall, Greig, Hutchison, Lawrence, Jean Morrison, Nicoll, Jennifer Stewart and Sandy Stuart.

As the procedural motion was unsuccessful, the Committee then went on to determine the application.

The Committee heard from Robert Forbes, Senior Planner, who spoke in furtherance of the application and answered various questions from members.  The Committee also heard from Scott Lynch, Senior Engineer, who spoke in regards to the road issues relating to the application.

The Committee resolved:-

to approve the recommendation and refuse the application.

The Committee had before it a report by the Director of Communities, Housing and Infrastructure, which sought approval for the St Peter’s Nursery Site Redevelopment Brief to be adopted as non-statutory planning guidance.

The report recommended:-

that the Committee –

(a)       note the results of the four week consultation period; and

(b)       adopt the St Peter’s Nursery Site Redevelopment Brief as non-statutory planning guidance.

The Committee resolved:-

(i)         to request that the report be submitted to the relevant committee for consideration regarding the potential use of the site for local authority affordable housing; and

(ii)        to otherwise approve the recommendations contained within the report.

The Committee had before it a report by the Director of Communities, Housing and Infrastructure, which presented the character appraisal for Rosemount and Westburn Conservation Area as a basis for public consultation.

The report recommended:-

that the Committee –

(a)       approve the draft Rosemount and Westburn Conservation Area Character Appraisal to be issued for a six week public consultation period;

(b)       agree that following the public consultation, the results be reported back to Committee and any proposed revisions to the Conservation Area Character Appraisal be reported to a future subsequent meeting of this Committee.

The Committee resolved:-

to approve the recommendations contained within the report.

- COUNCILLOR RAMSAY MILNE, Convener