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 15 May 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. 

Planning Reference – 240227

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Planning Officer:  Esmond Sage

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 F, 37 Holburn 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)    TIME LIMIT ON 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 various questions from Members.

The Committee then heard from Iona Francis, who objected to the proposed planning application and asked that it be refused. 

The Committee resolved:-

to refuse the application for the following reasons:-

The site was in close proximity to a mixed use area in the city centre and would be compliant in principle with  Policy 30 (Tourism), paragraph (e) part (i) of National Planning Framework 4. Nevertheless, it was considered that the proposed change of use of the property to Short Term Let (STL) accommodation would likely result in significant detrimental impacts upon the amenity of the immediate neighbouring residential properties within the application building, beyond what could typically be expected if it were to be used as mainstream residential accommodation through noise disturbance, the frequency of changes in occupants, particularly at unusual hours, and the impact on security, real or perceived, within the communal areas of the building. The proposed change of use was thus considered to be contrary to Policy H2 (Mixed Use Areas) and Policy D2 (Amenity) of the Aberdeen Local Development Plan 2023.

Planning Reference – 240488/S42

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Planning Officer:  Scott Leitch

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

That the application for a Section 42 (Variation to Conditions) - Variation of condition 3 (Scale of Development - Residential) of application reference  to increase the maximum number of residential units from 80 to 99, at land south of North Deeside Road Milltimber, be approved subject to the following conditions:-

CONDITIONS

1.             MATTERS REQUIRING FURTHER APPROVAL

That application(s) for approval of matters specified in condition containing details of the specified matters listed below shall be submitted for consideration by the planning authority, in accordance with the timescales and other limitations in section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended).  No development within or outwith any particular block or area shall take place unless a matters specified in conditions application comprising the detailed layout and design of roads, buildings and other structures for that particular block or area has been submitted to and approved in writing by the Planning Authority. The application shall comprise:

(i)             A detailed levels survey of the site and cross sections showing proposed finished ground and floor levels of all buildings relative to existing ground levels and a fixed datum point;

(ii)            Details of the layout and finish of roads, visibility splays, footpaths, pedestrian connection across North Deeside Road, and cycle paths including the identification of safe routes to school from the development;

(iii)          Details of layout, design and external appearance of buildings and ancillary structures; vehicular and motorcycle parking; short and long term secure cycle parking; electrical vehicle charging facilities in accordance with the associated Supplementary Guidance; storage and collection arrangements for waste and recyclables; boundary enclosures around individual homes and other premises; and details of play zones and play equipment to be provided.

Reason: Permission for the development has been granted in principle only and subsequent approval is required for these matters in accordance with Section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended).

2.       ACCESS TO NORTH DEESIDE ROAD

No development shall take place unless a matters specified in conditions application comprising a detailed scheme showing the precise location, layout, design and construction method of the proposed access junctions to North Deeside Road (A93), including layouts, capacity, distribution, operational flow and detailed cross-sections has been submitted to and approved in writing by the Planning Authority; no individual residential property or commercial unit shall be occupied unless the relevant scheme is fully implemented in accordance with the approved plans, unless the Planning Authority has given written approval for a variation.

Reason: in the interests of road safety.

3.       SCALE OF DEVELOPMENT (COMMERCIAL)

That notwithstanding the description provisions of “retail of up to 2,000 sqm”of the Planning Permission in Principle hereby approved, no more than 1,225 square metres gross floor area (GFA) of commercial use shall be built on the development site and the detailed commercial development proposals to be considered through any subsequent related applications for Matters Specified  ...  view the full minutes text for item 5.

Planning Reference – 210889

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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 Planning Permission in Principle for the erection of 19 self-build dwelling houses with associated landscaping, access and infrastructure, at Woodend, Culter House Road, Aberdeen Peterculter, be approved subject to the following conditions and with a legal agreement:-

Conditions

(01) DURATION OF PERMISSION

The development to which this notice relates must be begun not later than the expiration of 5 years beginning with the date of this notice. If development has not begun at the expiration of the 5-year period, the planning permission in principle lapses.

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

(02) MATTERS REQUIRING FURTHER APPROVAL – SITE WIDE

That an application for approval of matters specified in condition containing details of the specified matters listed below shall be submitted for consideration by the Planning Authority in accordance with the timescales and other limitations in Section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended).

No development shall take place unless a matters specified in conditions application comprising the detailed layout and design of vehicular access and roads, landscaping and drainage has been submitted to and approved in writing by the Planning Authority. The application(s) shall comprise:

a.    Details of the layout and finish of all roads and junction onto Culter House Road, visibility splays, swept path analysis and footpaths;

b.    Details of strategic landscaping and site boundaries including the communal open space; boundary along Culter House Road; structural boundary hedges between ‘courtyards’ and along the main access road and along the rear boundary of the residential plots marking the position of the buffer zone;  

c.     Details of design and layout of drainage and SUDS features;

d.    A scheme for the phasing and delivery of all of the above matters. For the avoidance of doubt, this phasing plan shall indicate when communal infrastructure including the main road through the site, central communal open space and drainage shall be constructed. Furthermore, this phasing plan shall set out that the boundary between the buffer zone shown in pink on drawing 464(PA)009/RevB and the rear boundary of residential plots shall be implemented prior to commencement of any works on site, and shall be retained in perpetuity.

Reason: Permission for the development has been granted in principle only and subsequent approval is required for these matters in accordance with Section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended) and to ensure all strategic infrastructure will be constructed and available for use when required.

(03) MATTERS REQUIRING FURTHER APPROVAL – RESIDENTIAL PLOTS

That application(s) for approval of matters specified in condition containing details of the specified matters listed below shall be submitted for consideration by the Planning Authority, in accordance with the timescales and other limitations in Section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended).  ...  view the full minutes text for item 6.

The Committee had before it a report by the Chief Officer – Strategic Place Planning, which presented a draft Aberdeen Planning Guidance (APG) document on Health Impact Assessments (Appendix 1).

The report sought approval to undertake public consultation on the document, with the results of the consultation and any revisions to the document reported back to the Planning Development Management Committee for approval within six months of the end of the consultation period.

The report recommended:-

that the Committee –

(a)          approve the content of the draft Aberdeen Planning Guidance document; Health Impact Assessments (Appendix 1), and instruct the Chief Officer - Strategic Place Planning to, subject to any minor drafting changes, publish the draft Aberdeen Planning Guidance documents for an eight week non-statutory public consultation; and

(b)          instruct the Chief Officer - Strategic Place Planning to report the results of the public consultation and any proposed revisions to the draft Aberdeen Planning Guidance to a subsequent Planning Development Management Committee within six months of the end of the consultation period.

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

With reference to article 6 of the meeting of 24 August 2023, the Committee had before it a briefing note from the Chief Officer – Strategic Place Planning, which explained that in August of 2023 this Committee approved application (221232/DPP) for 91 homes at the former Cordyce School subject to a Section 75 legal agreement. Within the report it was noted that the delivery of affordable housing was to take the form of:

“A total of 22 affordable housing units were to be provided on-site with a monetary contribution agreed for the remainder. Affordable units would provide a mix of one-bed cottage flats, 3-bed terraced properties and 4-bed detached dwellings, with tenure being social-rented.” 

The report noted that as the drafting of the Section75 Agreement for the site had progressed, following agreement by PDMC, changes outside the control of either the Council or the developer BDW North East Scotland Limited (Barratt) had meant that the availability of grant funding to deliver the affordable housing was at risk.

The Committee heard from David Dunne, Chief Officer – Strategic Place Planning, who provided more information on the paper and also answered various questions from Members. 

The report recommended:-

that the Committee –

(a)          agree that Barratt would deliver the 22 social rent units for Grampian Housing Association as intended, and allow 12-months from commencement of development to confirm Scottish Government funding; and

(b)          agree that where that was not forthcoming, Barratt would then switch to an off-site commuted payment for the affordable units.? On the basis that they were currently over-providing affordable units at Riverside Quarter for Places for People, the Council would be permitted, in this instance to off-set those units against the commuted sum at Cordyce.

The Convener moved, seconded by the Vice Convener:-

That the Committee approve the recommendations contained in the briefing paper.

Councillor Macdonald, seconded by Councillor Lawrence, moved as an amendment:-

That the Committee agree that all 22 affordable houses should be delivered on site agreeing entirely with the Council Policy on Affordable Housing that “Developers should note that subsidy for the provision of affordable housing is not guaranteed. Where subsidy is not available, the policy requirement to deliver affordable housing remains.”

On a division, there voted – for the motion (7) – the Convener, the Vice Convener, and Councillors Alphonse, Boulton, Copland, Clark and Farquhar – for the amendment (2) – Councillors Lawrence and Macdonald.

The Committee resolved:-

to adopt the motion and therefore approve the recommendations. 

-       Councillor Ciaran McRae, Convener