Agenda, decisions and draft minutes

Councillor van Sweeden declared an interest in relation to item 6.4 on the agenda, Waterton House, Stoneywood Terrace Aberdeen, as she owned a property in close proximity to the proposed development and therefore would not take not part in the deliberation or determination of the application. 

The Committee had before it the minute of the previous meeting of 23 April 2025, 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:-

(i)             to note that in relation to item 25 (Planning Guidance in relation to drive thru restaurants), that a Service Update would be provided to Members in due course;

(ii)            to request that the clerk share the recently published Service Update in relation to National Planning Framework with all elected members;

(iii)          to remove item 25 (National Planning Framework) as a Service Update was issued in this regard; and

(iv)          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.

Planning Reference – 250030

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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 1A (Shops, Financial, Professional and Other Services) to Class 11 (Assembly and Leisure) and use for electric vehicle recreation (floors two and three) with associated retail (Class 1A), cafes and restaurants (Class 3) and public house use and extension to George Street elevation - Former John Lewis building, George 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)  RESTRICTION ON USE CLASSES

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 or the Town and Country Planning (Use Classes) (Scotland) Order 1997 or any order amending, revoking or re-enacting these Orders, the premises hereby granted for Class 11 (Assembly and Leisure) shall not be used for any of the following uses that fall within Class 11:

·       Cinemas

·       Concert halls

·       Bingo halls

·       Casinos

·       Dance halls

·       Discotheques

·       Skating rinks

·       Swimming baths

·       Gymnasiums without the express grant of planning permission from the planning authority.

Reason: To enable the planning authority to consider the impact of any other uses within Class 11 on the site and surrounding area.

(03)  NOISE IMPACT ASSESSMENT COMPLIANCE

The development hereby approved shall not be occupied unless the noise mitigation measures and recommendations set out in the approved Noise Impact Assessment (Ref: TTG 160225 REVISION 3 – Grosle Environmental Services – 29th April 2025) or other measures achieving at least an equivalent effect as may be agreed in writing with the Planning Authority, have been implemented in full and suitable evidence provided to the Planning Authority that these works have been installed and implemented. For avoidance of doubt, the mitigation measures shall include, but are not limited to:

·       The external walls and roof shall achieve an overall sound reduction index of at least 54 decibels

o   With the existing wall and roof constructions should be confirmed during the fit-out phase to verify that they achieve this standard.

o   The windows requiring additional sound insulation as detailed in Section 4.11 of the Noise and Odour Impact Assessment: “windows backed with metal stud partition of nominal width 300 mm, two frames of minimum 60 mm metal "I" studs at 600 mm centres, minimum cavity width 240 mm, 100 mm mineral wool insulation, double layer of 15 mm plasterboard each side, minimum plasterboard density 25 kg/m2 each side” (or equivalent).”

o   Any gaps or holes in the facade must be sealed with materials having a sound reduction index of at least 54 decibels.

o   Sound insulation (with a sound reduction index of at  ...  view the full minutes text for item 5.

Planning Reference – 250391

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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 3 people, at 4 Watson 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)  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 various questions from Members.

The Committee then heard from Louise Faustino, who objected to the proposed application. 

The Committee resolved:-

to unanimously refuse the application for the following reasons:-

The proposal would be contrary to Policy H1 (Residential Areas) and Policy WB3 (Noise) of the Aberdeen Local Development Plan 2023 (ALDP) and Policy 23 (Health and Safety) and Policy 30  (Tourism) of NPF4. This was due to the layout and internal design of the shared building and the context of the surrounding area, which meant that  its use as Short Term Let (STL) accommodation would have a significant adverse impact on the amenity of existing residents in terms of noise and disturbance within the tenement beyond what could typically be expected if it were to be used as mainstream residential accommodation.

Planning Reference – 250108

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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 proposed business and industrial development, comprising c7,500 sqm of class 5 and 6 uses with ancillary class 4 use with associated yard areas, boundary treatments, roads, parking, landscaping and other associated works, at the Quad, (formerly Craigievar House), Howe Moss Avenue, 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)  BIRD HAZARD MANAGEMENT PLAN

That prior to the commencement of development on any building hereby approved, a Bird Hazard Management Plan shall be submitted to and approved in writing by the Planning Authority in consultation with Aberdeen Airport. The submitted plan shall include details of:

·       Management of any flat/shallow pitched/green roofs on buildings within the site which may be attractive to nesting, roosting and “loafing” birds. The management plan shall comply with Advice Note 3 – Wildlife Hazards (available at https://www.aoa.org.uk/policy-campaigns/operations-safety/

The Bird Hazard Management Plan shall be implemented as approved, on completion of the development and shall remain in force for the life of the building. No subsequent alterations to the plan are to take place unless first submitted to and approved in writing by the Planning Authority in consultation with Aberdeen Airport.

Reason: It is necessary to manage the development in order to minimise its attractiveness to birds which could endanger the safe movement of aircraft and the operation of Aberdeen Airport.

(03)  LANDSCAPING PER APPROVED PLANS

That all planting, seeding and turfing comprised in the approved scheme of landscaping, as shown on drawing Nos: PP01.00 REV P3, PP01.01 REV P3 , PP01.02 REV P3 , PP01.03 REV P3, PP01.04 REV P3, PP01.05 REV P3, PP01.06 REV P3 and PP01.07 REV P3 shall be carried out in the first planting season following the completion of the development 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 a size and species similar to those originally required to be planted, or in accordance with such other scheme as may be submitted to and approved in writing for the purpose by the planning authority.

Reason - in the interests of the amenity of the area.

(04)  BIODIVERSITY ENHANCEMENT PLAN COMPLIANCE

That prior to the commencement of development, an updated Biodiversity Enhancement Plan shall be submitted to, and approved in writing by the Planning Authority. Thereafter the development shall be undertaken in full accordance with the recommendations of the approved document.

Reasons: to ensure an appropriate  ...  view the full minutes text for item 7.

At this juncture and in line with item 1, Councillor van Sweeden left the meeting during consideration and determination of the following item.

Planning Reference – 230297

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Planning Officer:  Lucy Greene

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

That the application for Planning Permission in Principle for the erection of 14 Residential Plots (Including 25% Affordable Housing) and Supporting Infrastructure, Landscaping and Open Space; Including Demolition of Existing Industrial Unit, at Waterton House, Stoneywood Terrace Aberdeen, be approved subject to the following conditions and subject to securing of developer contributions for primary and secondary education, healthcare and affordable housing:-

Conditions

(1) 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 1997 act (as amended).

(2) 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 road junction onto Beech Manor, including visibility splays, swept path analysis and footpaths;

(b)          Details of strategic landscaping and site boundaries including the communal open spaces;

(c)          Details of design and layout of drainage and connections to SUDS features;

(d)          Details of the provision of appropriate, universal and future-proofed digital infrastructure connections such that occupants of each house will be able to connect their house.

(e)          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 access road through the site, open spaces and drainage shall be constructed.

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.

(3) 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).

That no development shall take place on any individual plot unless there has been submitted by way of further application for Matters Specified in Conditions (MSC) detailed scaled layout and elevational drawings where appropriate showing  ...  view the full minutes text for item 8.

Planning Reference – 241162

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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 and conversion of fire damaged former office (class 4) to form 6no residential flats (sui generis), erection 2 storey extension with terraces, installation of 2 new dormers and formation of garden to the rear, reinstatement of fire damaged roof and dormers of No 32, formation of 3 car parking spaces, bin and cycle store and installation of new rooflights to the front, at 31 - 32 Albyn Place Aberdeen, be approved subject to the following conditions and 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.

(2) TREE PROTECTION

That no development shall take place unless a detailed tree protection plan has been submitted to and approved in writing by the Planning Authority and thereafter any recommended measures specified within that plan shall be implemented in full. Such plan should take account of the detailed construction methods proposed/ required and associated risks to existing trees.

Reason - in order to ensure adequate protection for the trees onsite during the construction of the development.

(3) REAR BOUNDARY WALL

That no development shall take place unless there has been submitted to and approved in writing by the Planning Authority details (method of construction, materials, coursing, mortar mix and coping) of the proposed boundary walls within the rear garden area, running north/south between the properties and east/west, as shown on drawing no. 3612/F21 Rev C (titled Landscape). Thereafter none of the residential flats shall be occupied unless the walls have been constructed and completed in full accordance with the said details.

Reason: In order to preserve the special character of the Albyn Place/ Rubislaw Conservation Area.

(4)  LANDSCAPING

That no development shall take place unless full details of the landscaping proposals, hardstanding areas, footpaths, steps and all planting have been submitted to and approved in writing by the Planning Authority. Thereafter, the work shall be carried out in accordance with Condition (5) - Planting.

Reason - in order to preserve the character and appearance of the Albyn Place/ Rubislaw Conservation Area.

(5) PLANTING

That all proposed planting, seeding and turfing shall be carried out no later than the first planting season following first occupation of the development and any trees or plants which within a period of 5 years from the first occupation of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a size and species similar to those originally required to be planted, or in accordance with such other scheme as may be submitted  ...  view the full minutes text for item 9.

Planning Reference – 250173

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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 removal of carport and erection of garage and access gate to rear at 7 Richmondhill Place Aberdeen, be approved subject to the following conditions:-

Conditions

(01)  DURATION OF PERMISSION

The development to which this notice relates must be begun not later than the expiration of 3 years beginning with the date of this notice. If development has not begun at the expiration of the 3-year period, the planning permission lapses.

Reason - in accordance with section 58 (duration of planning permission) of the 1997 act.

(02)  GARAGE DOOR DETAIL

That no development shall take place unless the specification and details, including opening mechanism, extent and projection, of the proposed garage door to be used in the approved development, has been submitted to and approved in writing by the Planning Authority. Thereafter the approved garage door must be applied in accordance with the approved details.

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

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. 

The Committee had before it a report by the Chief Officer – Strategic Place Planning, which informed Members of the planning enforcement work that had been undertaken by the Planning Service from 1 April 2024 to 31 March 2025.

The report recommended:-

that the Committee note the report. 

The Committee resolved:-

(i)             to note that officers were currently investigating if it would be possible to include for future annual reports, data according to ward area;

(ii)            to request that officers look into the application site at Esplanade Filling Station, North Esplanade West, to ascertain the situation and report back to members once this was known; and

(iii)          to note the report.

-       COUNCILLOR CIARAN MCRAE, Convener